Service Agreement Terms & Conditions
Liability: Center Mass’s liability is limited to the cost of the value added by Center Mass to the part. Center Mass’s
value added service shall be free from defects
in material and workmanship for a period of 10 days from date of shipment. This warranty is limited to the direct Buyer
only and is not extended to any third party.
Center Mass is not liable for the cost of the customer supplied parts or any associated freight cost. Any other
warranties express and/or implied are null and void.
The Buyer is solely responsible for product design and performance.
Refunds: All sales are final. Center Mass will reproduce your order if we verify that we made an error. We must be
notified with 24 hours from delivery of any
defects. We may request that you return 100% of a defective order within 5 business days before we agree to redo your
Liability for Errors: We are not liable for errors committed by the customer during the course of personalizing a
product. These errors, though not limited to,
may be a result of the following: misspelling, bleeds, grammar, punctuation, or image resolution. We are not liable for
customer supplied items that may have
special coatings, lack of protective coatings, or other materials, known or unknown that may be marred, damaged or
destroyed by any and all processes used in
the engraving, marking, cutting, cleaning, storage or any other process used in production of a customized item in our
Claims and Actions: Center Mass is not liable for incorrect counts or shortages in receiving customer supplied parts or
product. Center Mass is not responsible
for customer supplied product that may be lost, damaged or destroyed regardless of the reason for said loss, damage or
destruction during shipping. The Buyer
shall not return any non-conforming goods without written notification to Center Mass. Center Mass will reject any
unauthorized returns and the Buyer will be
responsible for all associated costs and expenses, including freight costs, and will bear the risk of loss or damage to
such products. Center Mass, at its sole
discretion, may accept or reject the claim after inspection of returned products at its facility.
Limitation of Liability: Center Mass, at its option, shall repair and/or rework defective parts or refund the value
added cost of the purchase price. In no event
shall Center Mass be liable for any special, indirect/direct, incidental or damage arising out of the sale. In no event
shall Center Mass’s liability under any claim
exceed the value added of the work performed on the parts by Center Mass. Center Mass is not responsible for, and does
not insure, customer supplied items or
any other objects or tools supplied by the customer and held at Center Mass’s location from fire, theft, water damage or
any other hazards. It is the customer’s
responsibility to insure their property while located in Center Mass.
Loss to Buyer’s Property: Any designs, tools, materials, customer supplied items and equipment furnished by the Buyer
for making product may be considered
obsolete and may be destroyed by Center Mass after 6 months of non-use. Center mass is not responsible for damage or
loss of property, for any reason, while
in Center Mass’s possession.
Buyer’s Obligation: Buyer shall follow terms and conditions in order to settle monies owed. Center Mass shall retain a
security interest in products supplied
until payment is received under the Uniform Commercial Code. Center Mass shall have security interest in, and lien upon,
any property of the Buyer’s in its
possession in order to secure payments of monies owed.
Cancellation and Changes: Purchase Orders shall not be canceled and/or changed unless authorized by Center Mass.
Additional charges may be applied
based on cancellation and/or change to the original Purchase Order.
Force Majeure: In the event of contingencies beyond the reasonable control of Center Mass, the obligation of Center Mass
shall be suspended, and quantities
so affected may be eliminated from the contract without liability. If Center Mass invokes force majeure, Center Mass
shall give prompt notice of, and utilize best
efforts to terminate or remove, the Force Majeure conditions.
Entire Agreement: This agreement contains the entire
agreement between Center Mass and the Buyer and constitutes final, complete and exclusive expression
of the terms of the agreement.
Waiver and Severability: Failure to enforce any provision of this agreement will not waive that provision nor will any
such failure prejudice Center Mass’s right to
enforce that provision in the future.
Termination: Center Mass reserves the right to cancel this agreement for any reason at any time.
Governing Law: This agreement and the sale and delivery of products shall be deemed to have taken place in and shall be
governed and construed in
accordance with the laws in the State of Michigan, County of Wayne. Disputes between the parties shall settled by
arbitration first, unless both parties agree in
Changes to the Terms: Center Mass reserves the right to modify these Terms from time to time at our sole discretion and
without any notice. Changes to our
Terms become effective on the date they are posted and your continued use of Center Mass and any changes to Terms will
signify your agreement to be bound
Marketing and Privacy: Finished projects may be photographed and used by CMI for display and promotion unless otherwise
specified in writing at the time the
customer submits the Custom Laser Service Request form.
Hold Harmless and Indemnification: The customer accepts all responsibility for ensuring they possess the legal right to
authorize CMI to reproduce any
design. Should CMI be challenged for infringing on the intellectual property of a third party based on a customer’s
design, the customer agrees to accept all
liability and to defend CMI.