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Zambales Project
This Engagement of Services Agreement is made and entered into this _____ day of
_______________________, 2019, in _________________, Philippines by between :
FURACON BUILDERS INC ; a company duly organized, registered and existing under Philippine
laws, with offices located at P&C FERNANDEZ BLDG, PEREZ BLVD., POGO CHICO,
DAGUPAN CITY and represented by Marketing Officer, MYLA Q. ORATE, Filipino, of legal age ,
herein referred to as the SERVICES CONTRACTOR or “ FIRST PARTY”
And
W I T N E S S E T H:
Whereas; FIRST PARTY has awarded volume of hauling agreement to deliver LAHAR
SAND in Botolan, Zambales, and desires to engage the services of the SECOND PARTY to haul and
deliver to Botolan Port , Zambales said materials to augment hauling operations.
Whereas; SECOND PARTY has expressed the intentions to join the FIRST PARTY in his
capacity as Dump Truck and Heavy Equipment Owner/ Lessor/Contractor Authorized Representative
Now therefore, for and in consideration of the foregoing premises and of the covenants set
therein st forth, both parties agrees on the following terms and conditions.
SECTION 1: GENERAL TERMS AND CONDITION
Weekly payment to the SECOND PARTY shall only be made on the above specified day mentioned
above on or Before Friday , after submission of Weekly Saturday Billing. TRIP REPORT MUST
BE SUBMITTED WEEKLY.
SECOND PARTY must provide to the FIRST PARTY his/her their bank account information as
follows;
LIABILITIES
1. The SECOND PARTY a fully liable for any loss or injury or death to THIRD PARTY
(Driver) including damage to property that may arise during the performance of their
service/work and protect their rights and interest from any sort of claim for damage on cases of
injury or accident of their contractual commitment. The SECOND PARTY shall fully secure
their dump trucks units and personal thru insurance coverage on cases of injury or accident,
including death that is inevitable in the operation . The SECOND PARTY shall hold the
FIRST PARTY free from any liabilities and/or responsibilities arising from the aforesaid.
2. The FIRST PARTY has no obligation to the MAJOR maintenance, repair and damage of the
dump truck and must be shouldered by the SECOND PARTY.
3. Each Truck should have own Trapal to cover each truck if needed.
4. It is understood by both parties that upon arrival of the trucks at the site, there will be orientation
or briefing. And present the papers of the Truck or documents of Heavy Equipment for
verification of the management.
5. The SECOND PARTY shall impose precautionary measure to ensure safety and devices for
all units (Dump Truck) and must well orient the driver.
6. In the event that the weekly payment to the SECOND PARTY is not receive on time as agreed
by both parties, The SECOND PARTY has the right to pull out their units (Dump Truck) , at
which time, this agreement shall automatically expire without need of Notice to the FIRST
PARTY, if any upon submission of the Saturday Cut-Off Billing.
The SECOND PARTY agrees that the he/she/ they will not, at anytime, attempt in any way to make
direct or indirect contact/ contract with any of the principals (GENCON), contractors, engineers) except
to the FIRST PARTY of this agreement. This clause shall remain in full force and in effect for the
entirely of this Agreement from Two (2) years contract and renewable from the date this Agreement
was executed by booth parties.
The SECOND PARTY shall not enter into any contractual agreement with other PARTIES for
hauling services using the same or other unit (DT) which is the subject of this contract without the
approval and written consent of the FIRST PARTY; otherwise , the FIRST PARTY may commence
a legal action against the SECOND PARTY, to which the SECOND PARTY agrees that court actions
shall be deemed appropriate.
VALIDITY:
IN WITNESS WHEREOF, the parties have set their hand and affixed their signatures this _______
day of _________________________, 209 in _________________________________ Philippines.
________________________ ________________________
MYLA Q. ORATE
Furacon Builders Inc.
Marketing Officer
__________________________________ ____________________________________
WITNESS WITNESS
ID___________________________ ID____________________________
NOTARY PUBLIC