Terms of Service

1. Specification Requirements: The Client must detail all product expectations in the Specification. Specific performance criteria (e.g., safety for children, waterproofing, shock-proofing, temperature-proofing) should be specified before the project's commencement for design optimization.

2. Legal Compliance: The Client must list all applicable legal requirements, regulations, standards, and certifications impacting the Design in the Specification for the countries where the product will be sold.

3. Design Approval and Iterations: Based on the Specification, MEZZ SOLUTIONS will propose a Design that requires Client approval before progressing to stages like prototyping or mold making. Initial designs may not meet all specifications perfectly; additional iterations will be quoted and billed accordingly. MEZZ will propose costed alternatives if certain functionalities are more expensive to implement than initially estimated. Clients should not make significant commitments (e.g., trade shows) until the Final Design is approved.

4. Client Expertise and Testing: The Client is responsible for providing expertise on the product’s use and field-testing prototypes and pilot samples in actual usage conditions. Upon satisfactory testing, the Client will approve the Final Design, and MEZZ will proceed with Mass Production (MP).

5. Intellectual Property: MEZZ will not intentionally design or manufacture any product that infringes on a patent. It is the Client's responsibility to ensure the Final Design does not infringe on any patents. The Client will hold MEZZ harmless from any related claims.

6. Exclusive Manufacturing*: MEZZ will manufacture the Product exclusively for the Client.

7. Cost Estimates: Costs for Molds and Products are estimates and will be confirmed upon approval of the Final Design.

8. Component Lead Times and Pricing: If lead times or pricing for components impact delivery or unit cost, MEZZ will notify the Client and provide revised costs/lead times for approval, suggesting alternatives where possible.

9. Product Warranty: MEZZ warrants that all MP Products shipped conform to the approved Final Design. The warranty period is 12 months post-production and applies only to units handled with due care and operated according to the user manual approved by MEZZ.

10. Shipping Support: MEZZ provides support and communication with forwarders but is not responsible for the shipping process.

11. Mold Specifications: Molds are designed for production in China and may not be optimized for use in Western countries. Molds will be stored and maintained safely in MEZZ’s designated factory.

12. Manufacturing Facility Compliance: MEZZ warrants that the Product will be assembled in a qualified facility complying with local legal and environmental regulations, without employing child labor.

13. Client Freedom: The Client can take the Final Design and all Deliverables (upon full payment) to another facility. The Client will not continue production of custom parts and assemblies at facilities selected by MEZZ without MEZZ’s involvement unless agreed upon in writing.

14. Non-Solicitation Agreement: Both Parties agree not to solicit or offer employment to the other Party’s direct employees, contractors, agents, or affiliates without prior written permission.

15. Force Majeure: MEZZ is not liable for delays or failure to fulfill the Agreement due to unforeseen circumstances or causes beyond its control (e.g., acts of God, natural disasters, war, government actions, labor strikes, material shortages). Performance dates will be adjusted accordingly, and MEZZ will not be liable for indirect, special, incidental, or consequential damages.

16. Risk and Warranty Limitations: MEZZ’s liability is discharged if the product quality meets the approved Final Design. All other risks related to the sale or use of the Product are the Client’s responsibility. There are no warranties beyond those expressly stated, and MEZZ is not liable for any special, incidental, or consequential damages.

17. Legal Fees: If a claim arises from this Transaction, the prevailing party is entitled to recover reasonable attorneys' fees and costs.