Scope

Designer shall develop interior furnishing specifications that may include coloration, fabrics, lighting, and furnishings as required. Designer’s services do not include contractor services, landscape design, or architecture. Designer shall consult other professionals such as lighting consultants, landscape architects, architects, and others. Client acknowledges that Project deadlines are subject to the vagaries of the marketplace and the performance of third parties.

1. Design Fees

Designer shall be compensated in two stages; firstly, for the design itself which fees would be charged by the designer based on the complexity of the design and the expanse or area of space and secondly for the project management and construction charges which would be based on the bill of quantities presented and agreed on by both parties.

Charges will be invoiced to Client by the designer and are payable by Client upon receipt of invoice. Upon signing this Agreement and receipt of the invoice, Designer shall receive an initial advance of 80% of the bill of quantities and 15% a week before the project submission. The balance of the payment being 5% would be paid on the agreed date of project submission. If payment of balance is not made as and when due, an additional charge of 3% of the outstanding sum would be added for every month the payment is delayed. INVOICES ARE SUBJECT TO REVIEW AFTER TWO WEEKS IF ADVANCE IS NOT PAID

2. Purchasing

Purchasing is billed at the prevalent market rate. Full deposit is required for purchase of each item and only upon receipt of deposit would Designer place the order. Designer shall arrange delivery and installation of Designer-purchased furnishings and other items purchased on behalf of the Client for the Project. When practical, Designer will present specification to Client for Client to purchase direct from vendor. Client is wholly responsible for all items purchased by the Client.

3. Refunds and Cancellations

Once purchased, most items cannot be returned or cancelled, therefore requests to do so will be assessed on a per-item basis with no guarantee of return or cancellation; custom items cannot be cancelled or returned. Design Fees and reimbursable expenses are non-refundable, even when associated with a return or cancellation.

4. Changes to Basic Design

Any major changes made by the client to the already approved basic design of the space during project
implementation stage would attract the monetary equivalent of the changes made, to enable the proper implementation of said changes

5. No Price Guarantee

Designer cannot guarantee prices of merchandise, interior installation, or other services not performed by Designer. Vendor pricing is subject to change and out of the control of the Designer.

6. Reimbursable Expenses

Client agrees to reimburse Designer for all out-of-pocket expenses actually incurred by Designer in relation to the Project, including but not limited to, renderings, drafting services, postage and handling, freight, delivery, maintenance and storage costs. Client shall reimburse Designer for all travel, lodging, and meal expenses incurred by Designer and Designer’s staff (where necessary) in connection with the Project.

7. Drawings

Designer’s drawings are conceptual in nature and are intended to set forth design intent; they are not to be used for architectural or engineering purposes. Designer services do not include modifications to structural, heating, air conditioning, plumbing, electrical, ventilation or other mechanical systems in the Project.

Designer shall be held harmless for relying on the accuracy of information provided by the Client. Project drawings and documents cannot be used by Client for any purpose other than completion of Project by Designer as laid out in this agreement.

8. Permits

Client is responsible for permits and or all approvals and compliance required by any governmental agency.

9. Photographs and Publicity

Client agrees to allow Designer and/or Designer’s representatives to photograph Project during all stages of Design Services including when project is complete. Photographs will be used for business purposes, including, but not limited to press, publications, online, social media, marketing, advertising, and print.

Designer will not disclose address or Client’s name without prior consent. Costs of photographs and publicity are the responsibility of the Designer. Additionally, if Client or Client’s agents document the
Project, Designer shall be given credit as the designers if documentation is released publicly.

10. Termination

Designer or Client can terminate this agreement by notifying the other party in writing. Client will be responsible for any outstanding reimbursable charges and fees. All in-process proposals
and orders will be completed by Designer and delivered to Client at agreed rate. If a balance remains in Client’s account, the amount will be refunded less any outstanding reimbursable charges or design fees.
Client agrees to take no action which is intended, or would reasonably be expected, to harm the Designer’s reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to the Designer.

11. Disputes

All disputes arising from this Agreement shall be resolved by binding private arbitration in Nigeria, with each party to bear its own fees and costs, failure of which Litigation would follow. This agreement is governed by the Laws of Nigeria.

12. Terms

The parties agree that the terms of this Agreement may be changed only by a writing signed by both parties and that no oral changes or waivers are permitted.

13. Warranty

Designer warrants that the Services will be performed and delivered in a professional, first-class manner in accordance with this Agreement and the standards prevailing in the industry. To this end, Designer will undertake the following actions without additional consideration during the term of this Agreement and for one three(3) months thereafter:

(a) Promptly make necessary revisions or corrections to resolve any errors and omissions on the part of Designer; and (b) If the reason for said necessary corrections or repairs was caused by carelessness on the part of the client, Designer shall not be bound by this clause even if it falls within the stipulated time frame.