Legal Notice

Ref#: LE8905AA
Date: 22nd January 2024

On behalf of
The Notifying Party:
Ms. Qiu Qing Ling
M/s Dongguan Innovations Packaging Manufacturer
From: AWS Legal Consultancy
1 Sheikh Zayed Road, The H Dubai, Office 1602, P.O. Box 96070, Dubai, U.A.E
[email protected]

To
The Notified Party:
Mr. Hussain Ahmed
Passport No: 541998781
M/s Mohd Balhowaimil Perfumes L.L.C
Address 1 : Northern sector, Plot Number 1407, Unit Number 01,Al Jurf Industrial Area
03, Ajman City UAE
Address 2 : 106 Sikkad Al Khail Road, Deira, Dubai, UAE

SUBJECT: LEGAL NOTICE CONCERNING THE IMPENDING LEGAL

Dear Mr. Hussain Ahmed, M/s Mohd Balhowaimil Perfumes L.L.C, all concerned agents of
the Notified Party, and to whomsoever it may concern,
With reference to the above subject matter, we write to you on behalf of The Notifying Party
who has retained our services and hereby serve you this Legal Notice.

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Whereas;
1. In March 2023, The Notifying Party entered into an agreement for the procurement of
services with the Notified Party, namely Habibur Rahman and Hussain Ahmed.
Pursuant to the terms of said agreement, the scope of engagement pertained specifically
to the conceptualization and generation of a prototype. This prototype, intricately
fashioned to incorporate both artistic design elements and the meticulous curation of
receptacles, was intended for subsequent incorporation into the encompassing assembly
of the packaging unit.

2. Subsequently, in May 2023, The Notifying Party decided to proceed with the order,
prompting the Notified Party to visit China to inspect the sample. During this visit, the
Notified Party remitted a deposit of $10,000. Notably, the Notified Party’s visit to
China extended to the inspection of the ANFASAK paper box project, in collaboration
with partner Mr. ALQARNI, Ali Abdullah, encompassing an examination of various
products in the factory.

3. In June 2023, mass production commenced based on the approved sample. However,
during the production process, the Notified Party, subsequent to inspecting a sample,
sought a modification in material to soft-touch lamination, aimed at enhancing overall
quality. This adjustment resulted in a commensurate increase in the unit price,
culminating in an updated total price for the order.

4. By July 2023, mass production reached fruition. the Notified Party, accompanied by a
partner, conducted a comprehensive inspection of the mass-produced items in China.
Following the inspection, mass production samples were dispatched to Dubai.
Concurrently, The Notifying Party communicated the need for the balance payment
and initiated discussions concerning the shipment of the completed products.

5. Regrettably, from July 2023 to the present date, the Notified Party has failed to remit
the balance payment. Despite assurances of imminent payment, no financial
transactions have materialized. Meanwhile, the completed products remain stored in
the factory warehouse of The Notifying Party.

6. The most recent correspondence, dated January 12, 2024, disclosed the Notified
Party’s proposal to divide the final payment into three installments, each amounting to
$10,000, to be paid over consecutive weekends. Unfortunately, this proposed plan has
not been executed, leaving the balance payment unresolved.

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 7. Regrettably, despite the conscientious and persistent attempts made by The Notifying
Party to initiate contact, the Notified Party has, thus far, demonstrated a conspicuous
lack of responsiveness. This lack of reciprocation has manifested in a notable absence
of any form of acknowledgment or communication in relation to the outstanding
financial dues. The persistent failure to fulfill financial obligations in accordance with
the agreed-upon terms gives rise to concerns of breach of contract and financial losses
for The Notifying Party.

Remedies available to The Notifying Party as per the Legal Provisions given under; UAE
laws and legislations, should they choose to initiate Legal Action
1. Federal Law No. 5/1985 On the Civil Transactions Law of the United Arab
Emirates State

• Article 125 A contract is the meeting of an offer issued by one of the contracting
parties with the acceptance made by the other party and their concordance in
such a manner as to produce their effect on the object of the contract and results
in a binding obligation on each party in consideration of the obligation of the
other party. A meeting of more than two minds may agree to produce a legal
effect. Article 246 (1) The contract must be performed in accordance with its
contents, and in a manner consistent with the requirements of good faith. (2)
The contract shall not be restricted to an obligation upon the contracting party
to do that which is (expressly) contained in it, but shall also embrace that which
is appurtenant to it by virtue of the law, custom, and the nature of the
transaction. As per the Invoice Agreement Ref# INNPM0120230523 signed
between The Notifying Party and the Notified Party, the latter has breached
their obligations and has not completed the payment as per the Agreement. In
accordance with the provisions above, the Notified Party has not acted in good
faith.

• Article 282 states “Any harm done to another shall render the actor, even
though not a person of discretion, liable to make good the harm” Article 283
states that (1) Harm may be direct or consequential. (2) If the harm is direct, it
must unconditionally be made good, and if it is consequential there must be a
wrongful or deliberate element and the act must have led to the damage. Article
284 states that “If the harm is both direct and consequential, the rules relating
to direct harm shall apply. Article 285 states that “If any person shall try to
mislead another, he shall be liable for reparation of the prejudice resulting from
misleading”. The Goods produced by The Notifying Party is currently being
held at the warehouse, with monthly charges. Additionally, the lifetime of
these goods are reaching expiry, which will cause extreme financial loss to
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 The Notifying Party who has incurred manufacturing costs, storage costs etc.
The Notifying Party has suffered irreparable damages and as per the
provisions stated above, the Notified Party is obliged to make good the harm
cause upon The Notifying Party.
• Article 292 states “Damages shall, under all circumstances, be assessed to cover
the prejudice sustained and the lost profit provided it is a natural consequence
of the prejudicial act” Article 292 - In all cases the compensation shall be
assessed on the basis of the amount of harm suffered by the victim, together
with loss of profit, provided that that is a natural result of the harmful act.
Article 293 - 61 (1) The right to have damage made good shall include moral
damage, and an infringement of the liberty, dignity, honor, reputation, social
standing, or financial condition of another shall be regarded as being moral
damage. (2) It shall be permissible for an order to be made by way of
compensation for moral damage caused to a spouse or relatives of the family,
by reason of the death of the victim. (3) The right to receive compensation for
moral damage may not be transferred to a third party unless the amount of it has
been fixed by agreement or by a final judicial order. Article 294 - The
compensation may be made payable in installments or by a regular income, and
in those events, the obligor may be ordered to provide a guarantee assessed by
the judge or acceptable security. Article 295 - The compensation shall be
assessed in money, but provided that the judge may, according to the
circumstances and upon the application of the victim, order that the plaintiff be
restored to his former position, and he may also order that a specific act
connected with the harmful act be performed by way of making good. As per
the above provisions, The Notifying Party as per his rights secured under the
provisions of the UAE Laws demands the an additional amount as
compensation 11,164 AED (3039.50 USD)

Therefore;
● On Behalf of The Notifying Party, we hereby serve you this Legal Notice with effect
immediately.

● This Legal Notice requests a prompt rectification in the following – The Notifying
Party seeks an immediate payment of the outstanding dues owed as per the Agreement,
Compensation for the damages sustained by The Notifying Party, all Legal Fees and
expenses incurred by The Notifying Party in pursuit of their rights all amounting to
130,000 AED (35,393 USD) within 5 Days of receipt of this Notice.

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 ● The Notifying Party has sent this Legal Notice in order to amicably resolve this matter.
However, should you fail to acknowledge or satisfactorily address this Legal Notice
within one week, our First Notifier reserves the right to pursue all available legal
remedies (as mentioned above) under Remedies under UAE laws and legislations. This
Legal Notice is issued with the intent of amicably resolving the matter and avoiding
unnecessary legal actions. We hope to reach a mutually satisfactory resolution
promptly.

● Failure to respond or an unsatisfactory response to the above Legal Notice will leave
us with no choice but to explore all available legal remedies to protect our First
Notifier's rights and interests in front of the Competent Authority which will ensure
the payment of all amounts not limited to but including the rightful refund, all expenses
incurred by The Notifying Party in the process of this lawsuit and any other amounts
due to us as per the provisions of law.

● This Legal Notice is issued without prejudice to our rights in any claims on the same
subject matter should reject the request presented therein. Under no circumstances may
this Legal Notice or any part of it be considered a waiver of any type of rights nor
recognition of any obligation to us in relation to the same matter.

● Please note that further communication regarding the above subject matter is directed
by us and shall be routed through our law firm.

Represented by AWS Legal Consultancy

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