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In performing professional services, Creative Unit Trading shall exercise reasonable care and competence and shall carry out its duties in a professional manner.
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Creative Unit is an independent entity and nothing contained in this agreement shall create or be deemed to create an employment, agency, joint venture or partnership relationship between Creative Unit and the Owner.
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Creative Unit at any point of time can transfer it’s right and/or hire subcontractors for the successful completion of the project(s). In such conditions, Creative Unit shall only supervise the preceding works and provide consultation services to the assigned Sub-Contractor.
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The design and/or execution fees, hourly rates, and other fees quoted is valid for the days or months as stipulated in your respective agreement. Creative Unit reserves the right to increase these fees if services are required beyond six (06) months.
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Any estimates or proposals are only for the purpose of informing the Client of the potential cost of Merchandise or services. It is understood and agreed that such estimates are not binding, and actual costs or fees may be more or less.
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Special custom-made items cannot be cancelled once manufacturing has commenced. Payment for all such items is in full in advance. Standard items might be subject to a cancellation charge from the manufacturer or supplier if cancelled.
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The contract price may only be changed by a change order or by a written amendment. Any claim for an adjustment in the contract price shall be in writing.
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The contract time (or milestones) may only be changed by a change order or a written amendment. Any claim for an adjustment in the contract time (or milestones) shall be in writing. In every case, Creative Unit shall make such a request as soon as it is known or should have been known that an extension of time was required. Extensions of time requested after the expiration of the contract times, including those delays beyond the contractor’s control, shall be at owner’s sole discretion.
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The Owner has the right to cancel the agreed services at any time for a valid cause and will be responsible for payment of services performed up to the date of cancellation (OMR 200/hour rate times number of unpaid hours plus all the advance purchases incurred by Creative Unit to complete the remainder works) unless stated otherwise in your agreement. Any cancellation of architectural, design and/or execution services shall be done in writing. The Owner shall give at least two (2) weeks advance notice prior to cancellation.
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If the Owner breaches the terms of the agreement and such breach is not cured within seven (7) days written notice from Creative Unit, Creative Unit may seize work and/or terminate this agreement and the Owner shall pay all amounts due to Creative Unit for its work prior to such stoppage or termination. Further, Creative Unit shall have any and all other remedies available at law or equity as a result of such breach by Owner. Creative Unit shall not be responsible for any damages or delays to Owner caused as a result of the stoppage of Creative Unit’s work. In the event of default by the Owner hereunder, the Owner agrees to pay all costs of collection and enforcement incurred by Creative Unit, including reasonable attorney fees and expenses.
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Client shall effect payments of fees by credit to Creative Unit’s bank account maintained at a bank designated in our invoice.
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If payment has not been made within 15 days of receipt of invoice, Creative Unit may charge interest on the amount due. Interest will accrue daily on the unpaid amounts calculated at a rate of 10% per annum and will be payable on demand.
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Revisions and addendums requested after the issuance of final construction/architectural/design documents will be billed at a rate of OMR 90/hour, unless stated otherwise in the agreement. In such condition, the agreement’s conditions shall prevail.
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Creative Unit warrants and guarantees to the owner that all work will be in accordance with the contract documents and will not be defective. Creative Unit’s warranty hereunder excludes defects or damages caused by: (i) abuse or improper maintenance; or (ii) normal wear and tear under the usage intended by the parties.
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Creative Unit shall have the right to use any drawings and photographs taken before, during, and after construction for marketing purposes.
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Creative Unit shall not be liable to the Owner for any special, indirect, incidental or consequential damages arising from a breach of this agreement. The liability of Creative Unit to the Owner for any breach shall be limited to sums paid and/or due and owing by the Owner to the Creative Unit under the respective agreement.
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Client will provide Creative Unit with access to the project and all information Creative Unit may need to complete the project. Failure to do by the Client provides Creative Unit the right to charge the Client outside the work(s) agreed initially upon and the generated invoices shall reflect the same.
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The original quotation, this document and the attached exhibits and addendums constitutes the entire agreement between the parties relating to Creative Unit’s work on the project. All prior, contemporaneous and preliminary negotiations, understandings, agreements, covenants and representations are merged herein. No representations, warranties or promises pertaining to this agreement have been made by, nor shall be binding upon, either of the parties, except as expressly stated in this agreement. This agreement may not be amended or modified orally, but only by an agreement in writing signed by all parties hereto.
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Creative Unit may revise these Terms from time to time in order to comply with changes in relevant laws and regulatory requirements.