HARRISBURG — A Pennsylvania firearms distributor is suing a Georgia company for allegedly selling them inoperable and unsellable rifles.
EuroOptic Ltd. filed a lawsuit on April 5 in the U.S. District Court for the Middle District of Pennsylvania against DRD LLC, citing breach of contract, breach of uniform commercial code, breach of warranty, and fraudulent misrepresentation.
According to the complaint, EuroOptic and the defendant entered into an agreement on Jan. 1, 2015, whereby EuroOptic obtained the exclusive distribution rights for the 338 Lapua Magnum caliber semi-automatic patented quick take-down rifle for a period of two years. A down payment of $150,000 was allegedly required for the first 30 rifles at $5,000 per rifle.
The rifles were reportedly shipped to the plaintiff in various quantities throughout June and July of 2015. The plaintiff claims to have discovered a problem with the rifles in July 2015, which they allegedly communicated to the defendant. The defendant was allegedly unable to fix the problems and has failed to offer a refund despite repeated demands made by EuroOptic.
The plaintiff avers that the rifles are unable to be sold, constituting a breach of the aforementioned agreement.
EuroOptic seeks judgment in the amount of $252,450, damages for marketing losses, and costs of prosecution and interest. It is represented by J. Michael Wiley of the McCormick Law Firm, in Williamsport, PA.
U.S. District Court for the Middle District of Pennsylvania Case number 4:16-cv-00578-CCC