Drivers CONTRACT 8-31-2020

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CONTRACT OF SERVICE

KNOW ALL MEN BY THESE PRESENTS:

This Contract service, made and entered into this 1st day of September 2020 by and
between:

ROADWAY TRAVEL AND TOURS, a company organized and established under


Philippine laws with principal address at 296 M.A. Roxas Cor. H. Roxas St. San Roque,
Marikina City, represented by its General Manager Mr. ALLAN RAYMOND D. BALDAGO,
CSP, EMT, herein referred to as “Contractor”;

and

___________________________, of legal age Filipino, with residence address at


____________________________________, herein referred to as “Contractee”.

WITNESSETH:

WHEREAS, that on September 1, 2020, ROADWAY TRAVEL AND TOURS entered


into a Contract of Shuttle Service with HC CONSUMER FINANCE PHILIPPINES, INC. to
provide vehicle (Van) to transport latter’s employees.

WHEREAS, Contractor needs drivers for the said shuttle service and Contractee
offered his services to the former;

WHEREAS, Contractee warrants that he possess all the qualifications necessary to


contract with Contractor and further warrants that he is compliant with all governments laws
with regards to license, permits, and other documentary requirements;

NOW, THEREFORE, in consideration of the foregoing, both parties agree to a contract


of service to drive motor vehicle under the following terms and conditions:

1. PERIOD OF SERVICE – This Service Contract shall be effective for a period of


three (3) months from September 1, 2020 up to December 31,2020;

However, Contractor, may at its option, cancel or pre-terminate this Agreement, by


giving three (3) days’ notice in writing to Contractee due to any of the following causes:

1. Material breach of any provisions of this Agreement committed;


2. Failure of the other Party to perform its obligations and fulfil its warranties under
this Agreement;
3. Misrepresentation on a material fact in any provisions of this Agreement.

2. SHUTTLE ROUTE AND PASSENGERS – Contractee shall transport the said


employees only (AM pick-up and drop off and PM pick-up and drop off) as specified below:

Route Route Pick-up Office Pick-up Destination


Time Time
Rizal 0400H/ 0500H 1400H Spark / Vertis North
Novaliches 0400H/ 0500H 1400H Spark / Vertis North
MOA 0400H/ 0500H 1400H Spark / Vertis North
Manila 0400H/ 0500H 1400H Spark / Vertis North
East 0400H/ 0500H 1400H Spark / Vertis North
Taguig 0400H/ 0500H 1400H Spark / Vertis North
Valenzuela 0400H/ 0500H 1400H Spark / Vertis North
Fairview 0400H/ 0500H 1400H Spark / Vertis North
Bulacan 0400H/ 0500H 1400H Spark / Vertis North
The above route shall be followed by Contractee unless otherwise directed by
Contractor. Any significant deviation from the above routes shall be considered a material
breach on the part of the Contractee. Provided, such deviations in route is not due to the
latter’s fault.

3. OBLIGATIONS OF THE PARTIES:

a. Contractor shall provide One (1) Unit of good and fully maintained air conditioned Van
Both (fifteen (15) Regular Seats) AND EIGHTEEN (18) Regular Seats to transport HC
CONSUMER FINANCE PHILIPPINES, INC. Clients to and from designated pick-up
points
b. Contractee is required to completely accomplish and submit the Weekly Trip Report
(Monday-Sunday) form to be provided by Contractor.
c. Contractee shall submit the Weekly Trip Reports not later than Monday of the following
week.
d. Contractee shall regularly sanitize and disinfect the vehicle so as to provide protection
to its passengers.
e. Contractee shall comply with all applicable regulations and rules and all relevant
industry standards of practice and ethical obligations in his performance of services
under this Agreement.

4. PAYMENT

a. Rate for each unit is as follow:

Maximum number
Maximum number of of passenger
Unit Type Rate per unit per day passenger (Physical (Physical
Distancing) 18 Seater Distancing) 15
Seater
PHP 200.00/
PHP 3,500.00/ 12
Van in excess of 9 7
hours
12 hours

b. Payment for services rendered shall be made after Fifteen (15) days every month.
c. Payments shall be made thru Electronic On-line Fund Transfer.

5. LIABILITY – In case of unforeseen events, Contractor shall not be responsible


for any acts committed by Contractee in the performance of the latter’s obiligations.

6. PENALTIES – Contractee hereby binds himself to be penalized under the


following circumstances:

Delay in Pick up Penalty

First Incident First Warming


Second Incident Fine of PHP 500.00 per incident
Third Incident Fine of PHP 2,000.00 per incident

Failure to Pick up Penalty

First Incident Fine of PHP 500.00 per incident


Second Incident Fine of PHP 2,000.00 per incident

Delay in Arrival Penalty

First Incident First Warning


Second Incident Fine of PHP 500.00 per incident
Third Incident Fine of PHP 2,000.00 per incident
Any occurrence of the above incidence shall be considered a material breach of this Contract.
The Fines shall be automatically deducted from the payments due to the carrier.

6. INDEPENDENT CONTRACTOR - In the performance of all services under this


Agreement, Contractee shall be an independent contractor and not an employee of
Contractor. Contractee shall have no right to bind Contractor, transact any business in the
name of Contractor or on its behalf in any matter, or make any promises or representations on
behalf of Contractor. Contractee will not hold himself out to be an agent or employee of
Contractor. No relationship of employer-employee, principal-agent, lessor-lessee or
partnership is created by this Agreement, and Contractee shall not have any claim under this
Agreement as third-party beneficiary, employee or otherwise against Contractor for any
benefits provided to Contractor employees, including but not limited to: vacation pay, sick
leave, retirement benefits or other employment benefits of any kind.

7. OTHER PROVISIONS

a. That both parties shall abide and comply with the existing IATF Guidelines and
Implementing Rules on Physical Distancing on Transport Vehicles.
b. This agreement, constitutes the entire agreement, both written and oral, between the
parties or their respective representatives with respect to the subject matter hereof.
This agreement shall not be further amended or modified unless in writing duty
signed by both parties.

IN WITNESS WHEREOF, and intending to be legally bound, the parties have executed
this Agreement as of the date first above written.

ROADWAY TRAVEL AND TOURS By:


By:

DRIVER NAME:
ALLAN RAYMOND D. BALDAGO Contractee
Contractor

SIGNED IN THE PRESENCE OF

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES


_________________________

BEFORE ME, a notary Public for an in the city of Manila, Philippines, on this day of
_________________, personally appeared.

NAME Identification No. Expiration

MR. ALLAN RAYMOND D. BALDAGO N04-96-370952 2023/01/07

DRIVER NAME

Both known to me to be the same person who executed the foregoing contract and who
acknowledged to me that the same is their free and voluntary act and deed, and that of the
entries they represent.

WITNESS MY HAND AND SEAL on the date and place first mentioned.

Doc. No. ______


Page No. ______
Book No. ______
Series of 2020.

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