Liability
- The Designer shall be liable hereunder only for its own gross negligence, willful misconduct or bad faith.
- The Designer will not be liable for third party obligations. The Client agrees to indemnify the Designer and save it harmless against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses and disbursements of any kind or nature whatsoever arising out of its dealings with vendors and contractors.
- Masoomeh Hilal Design Services EST will rely entirely upon measurements provided by the client in designing the room and furniture layout and recommending items to be purchased. It is the client’s responsibility to ensure all measurements required are provided and accurate.
- Masoomeh Hilal Design Services EST will not accept the responsibility nor any liability in the event that the recommended item does not fit the space as shown on the floorplan due to the client’s failure to provide any measurements and or incorrect and /or inaccurate measurements.
- Not with standing anything to the contrary contained herein, neither party shall be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, but not limited to, acts of God, Pandemic, Federal lockdown, acts of war or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labor difficulties or civil unrest. Notwithstanding the foregoing, in the event of such an occurrence, each party agrees to make a good faith effort to perform its obligations hereunder.
- This Agreement shall be governed by the Laws of the United Arab Emirates. Any dispute arising between the Parties related the implementation, interpretation and execution of this agreement shall be resolved amicably between the Parties, within one month, failure of settlement, the matter shall be referred to the competent Courts in Dubai.
- Any amendments made to this Agreement shall be in writing duly signed by all Parties.
- In the event that any provision or term hereunder, this Agreement is deemed invalid, unlawful or unenforceable to any extent, such term or provision shall be severed from the remaining terms, conditions and provision of this Agreement that shall continue to be valid and effective.