HAULING CONTRACT
between
EMERALD FIELDS TRADING, INC
and
M.S. UPRIVER CORPORATION
(doing business under the name and style of Ilooil Tabuc Suba)
Contract Reference No. ____________
CONTENTS:
Section A - SPECIFIC CONDITIONS OF HAULING CONTRACT
Section B - GENERAL CONDITIONS OF HAULING CONTRACT
Signature Page
Acknowledgment
Annex A - LEAD TIME PER KILOMETER DISTANCE
Annex B - SCHEDULE OF RATES
Annex C - UNDERLOAD TOLERANCE LEVELS
Annex D - MERCHANDISE FLOATER INSURANCE AND
PERFORMANCE/SURETY BOND TABLE
Annex E - DETAILED DESCRIPTION OF TANK TRUCK UNITS
Annex F - HAULER’S PREVENTIVE MAINTENANCE
Annex G - TANK TRUCK SAFETY AND SECURITY CHECKLIST
Annex H - LIST OF OFFENSES AND CORRESPONDING PENALTIES
Annex I - WARRANTY CLAUSE
Annex J - SWORN STATEMENT
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SECTION A
SPECIFIC CONDITIONS OF HAULING CONTRACT
Item Subject Condition / Description
1 EFTI Emerald Fields Trading, Inc.
Authorized Cheliza T. Choi
Representative Procurement Senior Manager
Address 22nd Floor, The Taipan Place, F. Ortigas, Jr. Road,
Ortigas Center, Pasig City 1605 Metro Manila
Contact Information Tel. No.: +632 3971010; Fax No.: +632 3971011
2 Contractor M.S. Upriver Corporation ( doing business under the name of
Ilooil Tabuc Suba)
Authorized Danilo A. Solivio
Representative
Address Tabuc Suba, Jaro, Iloilo, Philippines
Contact Information
3 Contract Term or Period One year (1) year
4 Start Date 08 July 2019
5 Expiration Date 09 July 2020
6 Payment for Hauling The term of payment shall be 45 days in accordance with
paragraph 4.1 of Section B.
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SECTION B
GENERAL CONDITIONS OF HAULING CONTRACT
1. SUBJECT
EFTI is in need of the services of an independent and competent contractor to serve its
requirements relative to the exclusive hauling, transportation, and delivery of its products and
equipment from its specified storage point or other points to its franchisee’s and/or affiliate’s
establishments in the points and places hereinafter specified;
The CONTRACTOR is generally engaged in the business of providing the necessary
services, equipment and personnel to the general public, and represents itself as having the
necessary expertise, experience, equipment, vehicles, skills, competence and technical know-how
to perform the required operations, and has offered to undertake and do the same for EFTI, which
offer the latter has accepted.
2. EFFECTIVITY AND DURATION
This Contract shall be effective for a period as indicated in Item 3 of Section A (Specific
Conditions of Hauling Contract) commencing on the dated as indicated in Item 4 of Section A and
expiring on the date as indicated in Item 5 of Section A. EFTI reserves the exclusive right to pre-
terminate this Contract for any cause, subject only to a thirty (30) days prior notice to the
CONTRACTOR, or as otherwise provided in paragraph 17 of this Contract. This Contract may be
renewed for another period of one (1) year upon mutual consent of the Parties. The renewal of this
Contract shall be subject to review two (2) months before its expiration and it shall be incumbent
upon the CONTRACTOR to submit all the requirements for renewal by EFTI for the same period.
3. DUTIES AND RESPONSIBILITIES
3.1 The CONTRACTOR hereby undertakes and binds itself to haul and transport any
and all packaged and/or bulk products of EFTI from the latter’s storage point and/or other
specified location to any designated delivery point.
The CONTRACTOR shall be held responsible for any diverted delivery of products
made by its drivers to persons or places other than the consignee/customer indicated in the
invoice, Transshipment Order and Advice (TOA), delivery receipt or any other delivery
document. The CONTRACTOR shall be charged for any damage or loss incurred by EFTI
in connection with such diverted deliveries.
3.2 The CONTRACTOR binds and obligates itself to deliver any and all products
within the period provided in the Lead Time Per Kilometer Distance, attached hereto as
Annex “A” and made an integral part hereof, and without undue delay from receipt of
EFTI’s written instruction in the corresponding invoices, TOA, delivery receipt or other
document pertaining to said products.
The CONTRACTOR further binds and obligates itself to communicate with EFTI
by submitting a daily commitment report in compliance with the implementing rules and
regulations.
The CONTRACTOR hereby agrees that the word “delivery” herein mentioned
includes not only transportation but also proper loading and unloading, delivery, and
acknowledgment of receipt by the consignee/customer.
The above-described delivery shall also include a prescribed volume of lubricant
products in accordance with the following schedule:
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Tank Truck Capacity Maximum Lubes Capacity
10,000 – 14,000 liters 120 liters
16,000 – 20,000 liters 240 liters
Further, if the CONTRACTOR fails to haul and transport any and all packaged
and/or bulk products from EFTI’s storage point and/or other specified location to any
designated delivery point for a period more than twelve (12) hours in accordance with the
recorded times in the trip ticket which is the difference between the “actual time of arrival”
and the “actual time of departure”, EFTI shall be entitled to demurrage equivalent to the
cost of one (1) local trip at minimum freight.
3.3 The CONTRACTOR shall furthermore, attend with care and due diligence to the
processing with accuracy and dispatch of any and all other papers and documents
supporting the shipment of products and securing the necessary authorized signatures from
EFTI’s customer providing proof of receipt of the product at designated delivery points.
The CONTRACTOR shall submit a duly accomplished duplicate trip ticket to the source
depot within seventy two (72) hours.
All delivery receipts containing the signatures of persons other than those so
previously authorized shall not constitute proof of delivery unless subsequently confirmed
by the consignee/customer.
CONTRACTOR shall endeavor to have all delivery documents signed by the
consignee/customer or his duly authorized representative. CONTRACTOR shall be held
liable for the value of the shipment should EFTI fail to collect the amount thereof from the
consignee/customer arising from the CONTRACTOR’S failure to have the delivery
documents duly signed as mentioned.
Whenever the authenticity of the signatures of the authorized customer’s
representatives attesting to the receipt of the products in a given instance is thereafter
denied or questioned by said persons for any reason whatsoever, the CONTRACTOR binds
itself to indemnify EFTI for the cost of the products involved in such delivery upon
demand in accordance with the provisions of Paragraph 8 (Liabilities) hereof. The
CONTRACTOR’s undue delay or refusal to honor any such demand for indemnification
shall constitute a breach of this Contract and entitle EFTI forthwith to proceed against
CONTRACTOR’s bond or any payment due them and at its option, terminate this contract.
3.4 With regard to goods or products returned by customers of EFTI, the
CONTRACTOR shall return the goods and all copies of invoices/documents to the storage
point or designated point of withdrawal.
3.5 Delays in delivery and complaints from customers shall be properly investigated
and if the CONTRACTOR is proven to be negligent or at fault, the CONTRACTOR shall
pay for the cost of the damage or loss.
3.6 The CONTRACTOR shall secure and/or bear at its own account all required
registration fees, licenses, government permits (e.g. fire, mechanical, etc.) including all
taxes for hauling fuel and lubricants or petroleum products, repair and maintenance,
calibration fees and all other expenses required in the operation of the vehicles and other
equipment utilized under this Contract.
3.7 The CONTRACTOR shall be obliged to a maximum number of drop points per
delivery as follows:
3.7.1 Within five (5) kilometer distance, two (2) drop points provided that the
minimum freight per drop point is Ten Thousand (10,000) liters.
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3.7.2 Over five (5) kilometer distance, minimum truck capacity and farthest point
freight rate applies.
3.8 The Parties agree that the minimum capacity per truck shall be in accordance with
the following:
Tank Truck Capacity Minimum Capacity
30,000 liters or more 20,000 liters
20,000 liters 18,000 liters
18,000 liters 16,000 liters
16,000 liters 14,000 liters
14,000 liters 12,000 liters
12,000 liters 10,000 liters
10,000 liters or less 8,000 liters
3.9 The CONTRACTOR shall provide a REAL TIME shared viewing of GPS on line
viewing with duplicated alert notification for the following:
(a) Overspeeding
(b) Geo-fencing
(c) Overstaying
(d) Distress Call Alert
3.10 The CONTRACTOR shall provide an Emergency Response Team/ Business
Continuity Program to address for any contingencies, the details of which are hereto
attached as Annex “B”, and shall submit to EFTI immediately any updates or changes
thereto.
4. PAYMENT FOR HAULING
4.1 EFTI agrees that, for such transport, hauling and delivery and for the services
incidental to such, it will pay the CONTRACTOR the full amount due within forty five
(45) days upon presentation of hauling bills properly supported by documents and/or
invoices / TOAs / delivery receipts / duly signed delivery documents pertaining to said
charges which rates shall be governed by the Schedule of Rates, attached hereto as Annex
“C” and made an integral part hereof. Said rates shall be subject to increase or decrease
within the contract period and shall be charged or credited to the CONTRACTOR
accordingly.
4.2 EFTI and the CONTRACTOR agree that there would be instances where product
deliveries may be less than the capacity of a delivery vehicle. In such cases, the same shall
be governed by the provisions on the Underload Tolerance Levels, attached hereto as
Annex “D” and made an integral part hereof.
4.3 EFTI and the CONTRACTOR agree that in case of deliveries stipulated in
Paragraph 3.8 above (up to two drop points per delivery), payment per drop point
(customer) should have a minimum freight such that underload deliveries beyond twenty
five (25) kilometer distance shall be charged with minimum truck capacity
4.4 EFTI shall not be considered to have waived, nor shall it be considered in estoppel,
in respect of any claims it may have against the CONTRACTOR, which were discovered
by its responsible officers only after EFTI’s acceptance of the services herein rendered,
and/or payment of the consideration herein stated and/or cancellation of the
CONTRACTOR’s bond.
5. INDEPENDENT CONTRACTOR
5.1 The CONTRACTOR obligates itself to meet and comply with all the terms and
conditions of this Contract.
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5.2 The CONTRACTOR hereby warrants that it is an independent business
organization validly engaging in the business of job contracting. Consequently, the
CONTRACTOR warrants that it is duly authorized by appropriate government body to
engage in job contracting and that it has all the qualifications, and none of the
disqualifications, to validly engage in job contracting.
Nothing in this Agreement shall be construed as creating between EFTI and the
CONTRACTOR the relationship of principal-agent, employer-employee, or employer-
paymaster. The CONTRACTOR expressly undertakes and agrees that the contract shall be
solely and exclusively covering its own employees and not those of EFTI. It is further
agreed that it is the sole responsibility of the CONTRACTOR to comply with all existing,
as well as future laws, ordinances, rules and regulations whether national, local,
administrative or otherwise concerning employment of labor particularly insofar as they
apply to the workers and/or personnel assigned by the CONTRACTOR to EFTI pursuant to
this contract and for this purpose, the CONTRACTOR agrees that EFTI is free and
harmless from any liability arising from such labor laws, rules or regulations, including the
failure of the CONTRACTOR validly exist as a job contractor, as well as from accidents
that befall the CONTRACTOR’s workers and/or personnel assigned to EFTI while in the
performance of their duties for EFTI. In case of labor disputes involving the
CONTRACTOR’s workers and/or personnel assigned to EFTI, the CONTRACTOR agrees
to hold EFTI free and harmless from any and all expenses incurred in connection with said
labor disputes and shall indemnify EFTI for any liability the latter may be required to pay
arising from the failure of the CONTRACTOR to comply with the labor standards and
appropriate rules regarding job contracting.; the CONTRACTOR shall indemnify EFTI for
all amounts the latter may be required to pay arising from the foregoing causes.
The CONTRACTOR shall immediately replace its disputing workers or personnel
so as not to prejudice the performance of its services under this contract. In the event that
EFTI will incur any liability and/or expenses in connection with such labor disputes, EFTI
has the right to immediately terminate this Contract and/or proceed against the
Performance/Surety Bond to be posted by the CONTRACTOR without prejudice to filing
the appropriate legal or judicial action for the damages against the CONTRACTOR.
5.3 It shall be the responsibility of the CONTRACTOR to provide driver’s training on
defensive driving and fire-fighting, and shall conduct annual driver’s assembly and loading
and unloading orientation.
5.4 For identification and security purposes, the CONTRACTOR agrees to provide its
drivers and helpers with photo identification card signed by its employees and its
responsible officers and/or owners. The CONTRACTOR shall also require all its drivers
and helpers to undergo mandatory drug testing through blood extraction and submit the
results on an annual basis or as otherwise required by EFTI and shall replace all drivers and
personnel who are found positive in the screening and confirmatory drug testing..
6. PERFORMANCE/SURETY BOND
6.1 The CONTRACTOR shall furnish EFTI a Performance/Surety Bond in the amount
specified in the Merchandise Floater Insurance and Performance/Surety Bond Table,
attached hereto as Annex “E” and made an integral part hereof, depending on the truck’s
capacity from a reputable bonding or surety company acceptable to EFTI and conditioned
upon the CONTRACTOR’s faithful performance of all terms and conditions of this
Contract, including the payment of all wages and salaries of its personnel employed in the
discharge of its obligations and responsibilities herein detailed and the permits, clearances,
fees and taxes required by the proper government offices. The said bond shall be callable
on demand. By express and clear terms, it shall provide that EFTI shall be paid upon first
written demand declaring the CONTRACTOR to be in default under the contract without
cavil or argument, any sum or sums within the amount stated, without any need of EFTI
providing or showing the grounds or reasons for its demand and/or amount specified. The
phrase “callable on demand” shall be shown and/or typewritten on the face of the bond
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certificate by the bonding company. In the event of any breach of any obligation provided
in this Contract by the CONTRACTOR, EFTI may immediately proceed against the bond.
Notwithstanding any statement in the bond that it shall be valid for the period shorter than
the terms of this Contract, bond shall be effective for the entire duration of this Contract,
and until two (2) years after termination hereof, unless a claim or claims has/have been
filed by EFTI against the CONTRACTOR, in which case said bond shall continue in full
force and effect until such claim or claims have been paid and additional performance bond
to cover any increase in the value of the Contract and similarly, any extension thereof as a
result of the extensions in contract duration.
6.2 EFTI reserves the right to demand a new or additional performance bond in the
event the bonding company becomes delinquent, insolvent, is blacklisted by EFTI or by the
appropriate agency, accrediting/licensing bonding companies, shall be dissolved by
operation of law or by reason of merger, consolidation or for whatever reasons, all or
substantially all of the bonding company’s assets shall be sold, the bond is proceeded
against under this Contract, or when EFTI determines that the bond has become insufficient
or inadequate.
7. EQUIPMENT
7.1 The CONTRACTOR obligates itself to meet and comply with all the terms and
conditions of this Contract, and particularly to keep and properly maintain sufficient
number of trucks.
7.2 In order to faithfully comply with its commitments to EFTI as herein stipulated, the
CONTRACTOR binds and obligates itself to assign tank truck/s for the exclusive use of
hauling requirements of EFTI and such units herein and hereby assigned are particularly
identified and described in the Detailed Description of Tank Truck Units, attached hereto as
Annex “F” and made an integral part hereof.
7.3 The CONTRACTOR warrants and represents that all its trucks and units to be used
for deliveries on behalf of EFTI from the latter’s supply points to any designated delivery
point, are the property of the CONTRACTOR and that they are:
7.3.1 Duly registered under the hired truck (TH) classification and subject to the
rules and regulations of the Land Transportation Office (LTO) and the Department
of Transportation and Communications (DOTC).
7.3.2 Properly sealed and calibrated in the presence of EFTI’s representative and
in accordance with the requirements of the Industrial Technology Development
Institute (ITDI), formerly National Science and Technology Administration
7.3.3 Equipped with standard safety and auxiliary equipment as specified by EFTI
in the List of Tank Truck Safety and Auxiliary Equipment, attached hereto as Annex
“G” and made an integral part hereof.
7.3.4 Passed the Tank Truck Safety and Security Checklist, attached hereto as
Annex “H” and made an integral part hereof.
7.3.5 Provided with fire permits and other permits required by the government
authorities.
7.3.6 Properly maintained, in good working condition, roadworthy and in good
appearance at all times
7.3.7 Operated by competent and duly licensed drivers who shall be required to
submit pertinent documents required by EFTI
7.4 Should the CONTRACTOR for some reason whatsoever find it necessary to
withdraw any of the accredited trucks from the exclusive use of EFTI, it undertakes to give
prior written notice of its intention to do so at least Thirty (30) days before the intended
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date of withdrawal. Likewise, CONTRATOR shall not add truck units without the prior
accreditation and approval of EFTI.
8. LIABILITIES
8.1 The CONTRACTOR shall bear the risk of, and be solely liable for any loss,
destruction, damage, and/or contamination resulting from pilferage, theft, robbery, spillage,
or any other cause or causes whatever of any and all products and/or cargoes entrusted to
them in accordance with the terms of this Contract, and shall accordingly indemnify and
pay EFTI the value of the product lost, destroyed, damaged, and contaminated.
8.1.1 The value shall be the wholesale/dealer price for the product current as of
the day of delivery to the CONTRACTOR, including any and all taxes, fees and
charges that are payable by EFTI, on the lost, destroyed, or contaminated product as
well as applicable hauling charges.
8.1.2 The CONTRACTOR’s responsibility and risk of loss for the product starts
the moment the product is loaded into the CONTRACTOR’s tank truck
component(s) until such product is received and duly acknowledged by authorized
representative of EFTI’s customer or other designated delivery point.
8.1.3 The CONTRACTOR agrees that any liability or monetary obligation it may
incur or become liable to EFTI pursuant to the terms of this agreement or whatever
reason, may be automatically applied or deducted by EFTI from any amount/s due
to the CONTRACTOR under this agreement.
8.1.4 In case of adulteration, it shall also be the responsibility of the
CONTRACTOR to ensure the disposal of adulterated products by a DENR
accredited company at its own costs.
8.2 The CONTRACTOR, furthermore, by these presents, agrees to hold EFTI free and
harmless from any and all claims to third persons, arising out of, but not necessary limited
to its performance of the terms and conditions of this Contract.
8.3 The CONTRACTOR assumes sole responsibility and its concomitant liability every
time its unit(s) enters the terminal/plant facilities of EFTI.
8.4 The CONTRACTOR shall be answerable to EFTI for the damages to the latter’s
plant, equipment and facilities including those of EFTI’s employees, dealers, and
customers resulting from the willful acts, negligence and/or lack of diligence of the
CONTRACTOR, its agents, or employees.
8.5 The CONTRACTOR shall be liable for any and all products or goods returned by
customers, but which have not been turned over to, and received by EFTI that are in
damaged condition.
EFTI and/or its authorized representative hereby reserve the right to determine and
assess the extent of the CONTRACTOR’s liability in respect to the damages sustained by
any such products or goods.
8.6 In any case where EFTI has lost, or in danger of losing the goodwill and/or
business of any customers, including prospective ones, due to neglect, discourtesy,
unsolicited interference in customer relations, improper or inadequate performance or
abandonment of contract on the part of the CONTRACTOR or its agents, servants or
employees, EFTI, in addition to its right to immediately terminate this Contract, shall be
entitled to liquidated damages not less than P100,000.00 in any one case.
8.7 Refusal of the CONTRACTOR, its agents, or employees to haul, without any valid
technical reason, will serve as a ground for the termination of this Contract.
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8.8 The CONTRACTOR must see to it that the safety practices being enforced by EFTI
and its Customers are strictly followed by its employees. A serious and grave violation of
which shall merit the termination of this Contract.
Any penalties imposed on EFTI by its CUSTOMERS due to the violation of the
above by the CONTRACTOR’s employees shall be redeemed 200% from the
CONTRACTOR.
8.9 EFTI has the right to impose on the CONTRACTOR disciplinary actions upon it for
violation by, it and its personnel, of Company policies, which may be established in the
course of this business. The List Offenses and Corresponding Penalties is attached hereto
as Annex “I” and made an integral part hereof.
8.10 EFTI, immediately upon notice to CONTRACTOR, may suspend the
implementation of this Contract pending any investigation and hearing of offenses or
violations committed by CONTRACTOR. There shall be a committee that will hear and
resolve said offenses or violations to afford the erring party an opportunity to present its
side before imposition of any penalty.
9. INSURANCE
9.1 In order to be protected from any or all claims for damages to personal property,
and/or injury, including death, which may arise from operations under this Contract, the
CONTRACTOR shall purchase an insurance coverage that is acceptable to EFTI, a
Comprehensive General Liability Insurance (CGL) to cover the following minimum limits:
Bodily Injury PhP50,000.00 per person
PhP150,000.00 per accident
Property Damage PhP250,000.00 per property
Php250,000.00 per accident
Certificate of such insurance policies and official receipts of premium payments
shall be filed with SEAOI, and shall be subjected to EFTI’s approval as to adequacy of
protection and coverage. Insurance policies should contain a thirty (30)-day pre-
cancellation notice to EFTI.
9.2 The CONTRACTOR shall submit within three (3) days after the execution of this
Contract a copy of his Merchandise Floater’s Insurance (or Marine Inland Cargo Insurance)
from a bonding company acceptable to EFTI in the amount stipulated in the Merchandise
Floater Insurance and Performance/Surety Bond Table (Annex “E”).
9.3 In the event that the insurance company shall not pay the full amount of any claim,
the CONTRACTOR expressly undertakes to pay the remaining balance of the claim. It is
the intention of the parties herein that EFTI shall have no liability or obligation whatsoever
with respect to any such claim.
9.4 The CONTRACTOR shall procure and keep the Floater’s Insurance in full force
and effect during the life of this Contract. Should claims be filed against the
CONTRACTOR by EFTI, the CONTRACTOR shall continue to keep such Floater’s
Insurance in full force and effect until such claims have been paid or settled and any action
has already been extinguished.
10. TAXES
10.1 The CONTRACTOR shall be liable and responsible for any and all taxes, imposts,
duties, fees, charges and other legal exaction that may be imposed by the government, its
agencies, entities or instrumentalities now or hereinafter become due under this Contract.
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10.2 It is further understood between the Parties hereto that EFTI shall deduct and
withhold internal revenue taxes, if any, from its payments to the CONTRACTOR under
this Contract, in accordance with the requirements of the applicable laws, rules and
regulations.
11. PERMITS AND LICENSES
11.1 The CONTRACTOR warrants and represents that it is duly licensed and franchised
to undertake and perform the services called for in this Contract.
11.2 The CONTRACTOR shall be solely responsible to secure all the necessary
licenses and/or permits whenever required from the government authorities concerned in
order that the hauling, transporting, shipping of subject products may be effected without
unnecessary delay or conflict which includes but is not limited to causes arising out or by
reason of CONTRACTOR’s non-compliance or observance of laws and regulations
governing vehicles for hire to transport goods belonging to another/others. Any and all
taxes, fees, and dues and other exactions arising from this Contract shall be for the account
of the CONTRACTOR.
12. AUTOMATIC SET-OFF CLAUSE
It is expressly agreed that in the event of the CONTRACTOR’s breach of any provision of
this Contract, EFTI shall have the irrevocable authority to automatically set-off and apply without
notice all funds, credits, money and/or accounts receivable that may be due or owing the
CONTRACTOR from EFTI or any of its subsidiaries and affiliates.
13. VENUE
As much as practicable, any dispute arising from this Contract shall be settled amicably by
the Parties. In the event of litigation, however, the courts of Pasig City, Metro Manila or the city
of municipality where EFTI has a branch office or other facility shall have venue thereof, at the
option of EFTI.
14. WARRANTIES
The CONTRACTOR expressly binds itself to strictly comply with the Warranty Clause and
Sworn Statement, copies of which are attached hereto as Annexes “J” and Annex “K”,
respectively.
15. HEALTH, SAFETY AND ENVIRONMENT REQUIREMENTS
15.1 The CONTRACTOR agrees to subject all its equipment to a periodic check every
semester or six (6) – month period using the Tank Truck Safety and Security Checklist and
to ensure that the requirements of EFTI with respect to health, safety and environment are
complied with.
15.2 The CONTRACTOR shall notify EFTI within 24 hours of any or all work related
injuries, damages, or incidents which include but are not limited to the following:
15.2.1 Fatalities or injuries of CONTRACTOR’s personnel and third parties
15.2.2 Any accident which results in or is likely to result in substantial loss or
claim to EFTI and/or CONTRACTOR, such as damage to vehicle, plant or
equipment.
15.2.3 Any incident, related to health, safety, and environment, which is likely to
be highlighted in the media.
15.3 The CONTRACTOR shall at all times provide adequate first aid facilities, fire
extinguishers and other safety equipment as required by industry standards and as may be
specified by EFTI. CONTRACTOR shall properly maintain such facilities and equipment
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in good operational condition at all times and keep up-to-date records of maintenance of
said equipment and facilities. The CONTRACTOR shall likewise provide its personnel
adequate and well-maintained protective clothing and equipment required for the safe
performance of their work and ensure their use through notices, instructions, safety
regulations and good practice.
16. OTHER PROVISIONS
Anything herein to the contrary notwithstanding and in spite of this Contract, EFTI may at
its sole option and discretion undertake itself or by another the hauling and transporting of its
products.
In case of conflict between the provisions of Section A (Specific Conditions) and those of
Section B (General Conditions), the former shall prevail.
17. TERMINATION
Notwithstanding any provision to the contrary, EFTI reserves the right to terminate this
Agreement at any time, immediately upon notice to the CONTRACTOR for any of the following
causes:
a) Improper handling or custody of products in the course of transport;
b) Bribing and/or corrupting any EFTI personnel;
c) Pilferage and/or theft;
d) Inability to perform service herein contracted;
e) Tampering of seals;
f) Tampering of ullage marker in the lorry’s tank compartments; or
g) Obtaining three (3) suspensions within the duration of the contract.
IN WITNESS WHEREOF, the Parties have hereunto set their hands this _____ day of
________________, 20___ in Pasig City, Philippines.
EFTI: CONTRACTOR:
EMERALD FIELDS TRADING, INC.
By: By:
___________________________ ___________________________________
CHELIZA T. CHOI DANILO A. SOLIVIO
Senior Manager
Signed in the presence of:
___________________________ ___________________________
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ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
) S.S.
BEFORE ME, a Notary Public, this _____ day of _______________, 20___ in
__________________, personally came and appeared the following with their respective
competent evidence of identification:
Name Identification Date & Place of Issue
EMERALD FIELDS TRADING, TIN: 008-650-674-000
INC.
CHELIZA T. CHOI TIN: 223-816-009-000
DANILO A. SOLIVIO TIN: 297-165-201-000
all known to me and to me known to be the same persons who executed the foregoing instrument
and they acknowledged that the same is their free and voluntary act and deed, and that of the
entities they respectively represent.
The foregoing instrument refers to a Hauling Contract, consisting of twelve (12) pages
including the page on which this acknowledgment is written but excluding the Annexes, has been
signed by the parties and their instrumental witnesses, and sealed with my notarial seal.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal on the
data and place above written.
Notary Public
Doc. No. : _______;
Page No. : _______;
Book No.: _______;
Series of 2019.
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