LPG Bulk Hauling Agreement v3
LPG Bulk Hauling Agreement v3
LPG Bulk Hauling Agreement v3
This Agreement is entered into this 1st day of January 2014 in Pasig City by and between:
SOUTH PACIFIC, INC., a corporation organized and existing under the laws of the
Philippines with principal office at 16th Floor Strata 100 Building F. Ortigas Jr. Road,
Ortigas Center, Pasig City, represented herein by its President and Chief Executive
Officer, IÑIGO GOLINGAY, JR., (hereinafter referred to as “SPI”)
-and-
Witnesseth: That-
WHEREAS, SPI is duly registered and authorized to sell and distribute liquefied
petroleum gas in the Philippines;
WHEREAS, the HAULER is duly registered and authorized to engage in the business of
providing hauling services to the public in any point of the Philippines;
WHEREAS, upon representation of HAULER that it has the capability to carry, transport
and deliver SPI’s Liquefied Petroleum Gas to its customers, Mercury Ace and Southern Gas
Corporation, SPI has agreed to engage the services of HAULER;
NOW, THEREFORE, in view of the foregoing premises, the Parties enter into this
Agreement subject to the following terms and conditions:
HAULER shall, at its own expense, keep updated and valid registration papers,
clearances, licenses and permits of its business, its employees and its vehicles,
equipment, tools and accessories. HAULER shall provide SPI with copies of such
registration papers, clearances, licenses and permits any time upon SPI’s request.
B. HAULER shall comply with the accreditation requirements and processes set and
followed by SPI;
HAULER shall comply at all times with SPI’s safety standards including those
prescribed for LPG trailers and lorries.
C. HAULER shall secure valid SCC issued by DoE through the Oil Industry
Management Bureau (OIMB). Authenticated copy of valid SCC shall be provided by
Hauler to SPI every renewal. SPI will not allow HAULER without valid SCC to
perform hauling services until HAULER complies with all requirement and
submission of valid SCC copy to SPI.
The Expenses for performing the foregoing obligations shall be for the sole account
of HAULER.
D. SPI contracts HAULER to carry, transport and deliver the LPG in accordance to
location designated by SPI’s customers, Mercury Ace and Southern Gas
Corporation based on corresponding Purchase Orders.
E. SPI shall, in the presence of HAULER, weigh and measure in the Loading Area the
LPG to be carried, transported and delivered by HAULER. The weight/measurement
shall be written in words and figures and countersigned by the representatives of SPI
and HAULER before HAULER’s vehicles leave the Loading Area. Such
weight/measurement of the LPG shall be conclusive between the parties.
F. SPI shall pay HAULER in accordance with SPI’s freight cost based on Customers’
delivery location, inclusive of 12% VAT (Value added Tax). All taxes imposed by
national and local authorities due or arising from or in connection with HAULER’s
performance of its obligations under this Contract shall be for the account of
HAULER.
G. HAULER shall be liable at all times to SPI for any and all LPG that was lost,
impaired, contaminated, destroyed or pilfered for any reason, while under
HAULER’s responsibility.
H. SPI’s customer whom the LPG was delivered shall weigh and measure the LPG.
Upon written report to SPI by its customer that the LPG delivered by HAULER is
less than the quantity determined under Section B, it shall be presumed that a loss,
impairment, contamination, destruction or pilferage occurred while the LPG was
under the responsibility of HAULER. SPI shall notify HAULER thereof and
HAULER shall submit to SPI within the forty eight (48) hours from receipt of the
notice its written explanation. If not satisfactory, SPI shall deduct from any payment
due HAULER the amount of the LPG that was lost, impaired, contaminated,
destroyed or pilfered. The deduction shall be without prejudice to SPI’s right to
pursue other remedies under the laws and this Agreement.
I. For the LPG HAULER has delivered, SPI shall pay HAULER in accordance with the
usual schedule prescribed by Finance Department of SPI, provided that HAULER
submits to SPI all the required documents including the sales invoices and delivery
receipts.
J. This Contract shall be for a period of one (1) year beginning on the date of execution.
Parties may renew this Contract upon such terms and conditions as may be agreed
upon.
K. HAULER may not assign its rights and obligations under this Contract without SPI’s
written consent. The assignee shall expressly assume and become bound by all the
terms and conditions of this Agreement.
Any assignment, even with the consent of SPI, shall not relieve HAULER of its
obligations under this Contract. HAULER jointly and severally obligates to SPI that
if the assignee incurs any liability or defaults in performing any obligation stipulated
in this Contract, HAULER shall pay such liability or shall perform such obligation.
L. HAULER alone shall bear, and shall hold SPI free and harmless from, any damage,
loss or injury to itself, to its employees and representatives, to SPI, to the customers
of SPI, to the employees and representatives of SPI and its customers and to the
general public caused by acts of omissions of HAULER and its employees, agents or
representatives arising from, connected with or occasioned by HAULER’s
performance of its obligations under this Contract, including but not limited to
misconduct, reckless behavior, crime, accident, or those due to defective conditions
of vehicles, equipment, tools and accessories, or failure to follow laws, standards,
rules and regulations of national and local government and SPI concerning the safe
loading transporting and unloading of liquefied petroleum gas; HAULER alone shall
bear, and shall hold SPI free and harmless from, any and all claim, liability, damage
or cause of action the customers, contractors, distributors, buyers, lessors, clients, or
business partners of SPI may have by reason of delay, failure or shortage in the
delivery of the LPG.
N. HAULER shall immediately notify SPI of any accident, occurrence or incident which
gives rise to an obligation on the part of HAULER.
IN WITNESS WHEREOF, the parties have hereunto have signed these presents, the SPI in
____________________, Philippines, on this ___________ day
of____________________________,2016 and the HAULER in ________________________,
Philippines, on this ____________________
day of ___________________, 2016.
By: By:
____________________________ _____________________________
ACKNOWLEDGEMENT
known to me and to me known to be the same persons who executed the foregoing instrument and
acknowledged to me that same is their free and voluntary act and deed, as well as the free and voluntary
act and deed of the corporation which they represents.