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HAULING CONTRACT – SUMMARY

The First Party has an existing job order for hauling limestones in ___________________________________to be
delivered to ______________________________________________, one way.

The Second Party engages itself to provide trucking equipment and the hauling of limestones plus the drivers
and helpers.

COMPARATIVE ANALYSIS OF PARTIES’ DUTIES AND OBLIGATIONS


FIRST PARTY SECOND PARTY
AGREEMENT - Hauling Rate - Php220,000.00 - To provide necessary documentations
(for 26 days) for the trucking equipment
9 Trips/Day or Total of 234 trips per
month - To provide 20 units, 20 cbm - 10
24 hr. operation, starts @ 8:am from Wheelers @ WATER LEVEL
Monday to Saturday

- Contract Duration: - Each dump truck unit is expected to


1 YR. (renewable) maximize the hauling operation making at
Six (6) months renewal least 9 trips daily or 234 trips per month. In
FOR review every six (6) months as the
the event that the truck delivered less than
project requires until Project Completion
the agreed trips due to some reasons;
for renewal and extension
breakdown, personnel problem, etc., the
- To provide FREE: Diesel, Pass-way, SECOND PARTY is responsible to fill up the
Barracks, Seminar for Drivers & Helpers, difference. Otherwise the same shall be
Tire Replacement (subject for evaluation deducted from the contracted monthly rate
and negotiation between gencon and of the truck unit.
trucker), P2,000.00/month in lieu of rice
subsidy for Driver and Helper However, if the reason is within the fault of
the FIRST PARTY such as; congestion in the
Driver Basic Salary: Php28,000.00/month dumping, source or along the way due to
traffic caused by unavoidable eventuality,
Helper Basic Salary :
then the payment to the SECOND PARTY is
Php 14,000.00/month
not affected nor deducted as stated above.
Mode of Payment: Weekly payment (Cut- Thus, the SECOND PARTY will have the
off Saturday – Payment Wednesday) thru complete daily required trips.
bank to bank

Cash Advance: Php 3,000.00 (Deductable)


REPAIRS/ - Minor - Major
MAINTENANCE/ - If major repair is urgently needed, - Five (5) months warranty of power
WARRANTIES First party may take immediate Machine, Engine Overhauling/Under Chassis
action/s subject to reimbursement by differentials guaranty repair services
Second Party
- In case of problems that cannot be readily
resolved, REPLACEMENT of trucks must be
done. Pull out of such must be made with
prior written notice.

- Other costs not mentioned in the contract

- Owners certify that they are the lawful


owner of the trucks

- warrants and guarantees that all


equipment delivered and will be delivered,
are free from any and all disputes, liens,
claims, writ, levy, attachment, judgement,
execution, third party claims from its
owners, creditors, third persons, court,
administrative bodies, quasi-judicial and law
enforcement agencies.

EXCLUSIVITY - To deliver the materials on the designated


dump site for one (1) year of initial
continuous and uninterrupted operations.

- Prohibited from entering into hauling


agreements with Third Parties and to the
Parties in which the FIRST PARTY has
entered into with the same contract whether
or not using the same Dump Trucks for the
delivery of the same materials

- The SECOND PARTY is not allowed to use


existing units duly registered and accredited
under the FIRST PARTY to service other
clients/ customers without prior written
consent of Both Parties and in order to
ensure effective control and management of
units while performing the service under this
contract.
EMPLOYER – EMPLOYEE INDIRECT – may appoint a supervisor or DIRECT - liable for any claims or damages
RELATIONSHIP an inspector to monitor the work resulting from any accident, injury or
sickness the said employees may suffer while
- To provide guidelines about the hauling performing their duties.
operations and standards of safety rules
and regulations
FORTUITOUS EVENTS - right to cease the operations of the truck - responsible to give food allowances for the
owners in cases where a forecasted rainy duration of non-operation, to their drivers
season and site operation shall be and helpers until the resumption of the
impossible to effectively and efficiently hauling operation
continue and there shall be no other areas
available for the operation due to the road
and weather condition

- inform the SECOND PARTY for temporary


cease in operation effective immediately
and with no required damages charges
against the FIRST PARTY and no claims for
the payment in favor of the SECOND
PARTY
OTHER STOPPAGE CAUSES In instances when the cessation of trips will
be caused by the truckers and for any cause
including illness of the crews or accident to
the driver or helper, the FIRST PARTY will
not be liable of any damage fees and the
payment for the concerned truck, its driver
and helper.
FORMALITIES AND LEGALITIES Both parties acknowledge that as signatories of this agreement, they are authorized by
their business firm or companies in its interest in this transaction. Both parties agreed to
furnish corresponding documents such as notarized certificates of authorization, Board
resolution, or proof of company ownership, if sole proprietor, to confirm legally and
authentically of such agreement.

TERMINATION OF CONTRACT By written 30 days’ notice, terminate the The truck owners shall not pull out any
services of hauler for the following equipment without a Thirty (30) days prior
reasons: written notice to the FIRST PARTY and only
upon written approval by the FIRST PARTY
1. If hauler is unable to provide the and after the FIRST PARTY fully recovers all
equipment required and agreed upon Cash Advances. The Truck owners, however
and efficiency of Equipment/ Dump has the right to claim exemption from this
trucks fall below Eighty percent (80%) of condition, if and when FIRST PARTY has
the required operational units. committed a breach of contract,

2. If haulers, without reasonable excuse,


has failed to proceed with the
performance of the works specified in
the contract.

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