You are on page 1of 6

G G AND D EQUIPTMENT ENTERPRISES

Certificate #04718946 TRN# 8077627

& with mailing address Salvani Street, City Heights, General Santo's City South Cotabato,
Region 12,11 Philippines, Email: danespa10@gmail.com and sfs888@gmail.com
Cell# Gensan/ Daniel 09329593820 Cell# Davao/Gary 09062463374

DUMPTRUCK & BACKHOE RENTAL & HAULING


CONTRACT SURIGAO MINE SITE

KNOW ALL MEN BY THESE PRESENTS:

This Contract Agreement for hauling made and executed by and between:

G and D Equiptment Enterprises a domestic business entity created and existing under the laws of the
Republic of the Philippines, with principal office address in Salvani Street, City Heights, General Santo's City
South Cotabato Philippines represented by Daniel Espa hereinafter referred as the “FIRST PARTY”.

AND

a business enterprise organized and existing under the laws of the


Philippine with principal address at _____________, represented herein by ________________ of legal age ,
duly authorized for this purpose, hereinafter referred to as “SECOND PARTY”.

WITNESSETH THAT:

WHEREAS, the FIRST PARTY, hereby appoints the Second Party as a contractor, and the Second Party
hereby accepts said appointment to support the First Party’s conduct of development, mining, ore process,
ship loading and mine maintenance operations within its mining tenement. Subject to the conditions , of this
SERVICE AGREEMENT, the FIRST PARTY shall allowed the SECOND PARTY to undertake mining
operations solely within the mining blocks ____________ of area ___ of _________ of the claim, a copy of the
map showing the location of the said mining blocks is hereto attached as ANNEX "A". as agent of its principal,
has a contract with a Mineral Mining Company for the nickel hauling project at _____________ Suriago Del
Sur.

1
WHEREAS, the FIRST PARTY has accepted the SECOND PARTY to render the service
required by the FIRST PARTY subject to the conditions herein after set forth;

NOWTHEREFORE, for and in consideration of the foregoing premises, the Parties agree as they
hereby agreed to enter into a contract of loading and hauling of nickel ore of the following terms and conditions
as for compensation for the services of the SECOND PARTY under this CONTRACT the FIRST PARTY shall
pay the amount agreed rental package per dump truck for nickel ore by the dump truck from the loading bay to
dumping bay and shall be (Php.150, 000) per month with one pay period advance after receipt of OR/CR
and Pictures of trucks have been received and signed off on at the inspection site.

Salaries: That the First Party agrees to pay a salary of Php23,000 to the driver per month and Php10,000 to
the helper per month taxes to be paid by the First Party as well. Advance also one pay period after the first 3
days of work for the driver and the helper.

Maintenance Shall be covered by the First Party there is a service location on the site for services if needed
by the Second Party Oil changes, filters, tires, vulcanizing etc: is available on the site. The Second Party
however agrees to pay for tires that blow out and/or major engine and transmission repairs The First Party will
pay for the first 25,000 peso for approval by First Party

1. FUEL

The First Party shall provide all the fuel for the Dump trucks only to the Second Party.

Note: 1. The given rate is tax exclusive at 2.5% to be deducted every billing period

2. The corresponding distance per each destination is established for billing


purposes is only (4.5) km. Max travel distance. Minimum 12 trips daily

2. EQUIPMENT REQUIREMENT;

The services agreed upon are the supply of the following equipment for the loading and hauling
of nickel ore per each unit.

1.) One unit of Dump trucks, ten wheeler with 15,18 cubic meter with PHP 150,000 per month
minimum capacity.

3. BILLING PERIOD AND PAYMENT TERM

Billing period shall be every 15th and 30th of the month. The compensation of the Second
Party's billing shall be based on actual hours utilized. The Service Meter Reading (SMR) shPayments shall
be based on the reconciled JOB ORDER and Equipment Utilization Report (EUR) every fifth and twentieth
day of the month respectively and will have a five day (5) processing before releasing the billable amount.

2
4. SCOPE OF WORK

The Second Party shall provide loading and hauling services of Nickel ore materials from the
mine yard, stockpile area or any loading and hauling works specified by the First Party.

The service agreed upon the supply of the following equipment for loading and hauling of the following at least:

______ units Dump trucks, ten wheeler trucks with 15 cubic meter minimum capacity.

1. PENALTIES
Penalties for Dump trucks Under loaded transportation of Nickel Ore shall deem to have 50%
deduction on volume upon assessment of the sample checker.
Dumping of material to UN-designated area shall be considered null upon verification of data.
Every reconciles trip must have a delivery report; Absence of Delivery Report shall nullify the trip.

WHEREAS, the FIRST PARTY, as agent of its principal, has a contract with a Mineral Mining
Development Company for the nickel hauling project at DiIslandslandl , Suriago Del Sur.

WHEREAS, the SECOND PARTY desires to engage the services of the FIRST PARTY, to haul and
deliver Nickel lead Based ore at the mining site.

WHEREAS, the FIRST PARTY has accepted the SECOND PARTY to render the service required by
the FIRST PARTY subject to the conditions herein after set forth;

NOWTHEREFORE, for and in consideration of the foregoing premises, the Parties agree as they
hereby agreed to enter into a contract of loading and hauling of nickel ore of the following terms and
conditions.

4. LIABILTY LIMITATIONS

FIRST PARTY liability with respect to the contract shall be limited only to the Second Party
and shall not extend to its employees and other parties.

5. SAFETY

For the safety of the facilities, vessels and personnel, Second Party shall follow strictly the
rules and regulations imposed by the Bureau of Customs, Philippines Ports Authority, Bureau of
Mines, as well as the company.

Further, the Second Party shall abide with the basic Occupational Safety Health Standards
being implemented by the Department of Labor and Employment and the Company.

6. ENVIRONMENT

3
The Second Party shall ensure that the environment is properly protected through compliance
Environmental management Bureau guidelines. Heavy smoke belching, oil leaks, dilapidated and
defective tires are not allowed to haul.

7. OTHERS

1. First Party shall provide area for barracks and repair shop; with access to power and
water lines at a minimal cost.
2. Second Party shall provide data and registration certificates and special power of
attorney to operate (for not owned equipment), for each piece of equipment brought on
the sites; Second Party ensured to have a direst agreement with the owners for any
non-owned equipment brought at the site.
3. Second Party shall at his own cost and expense comply with the provision of the
minimum Wage law, COLA, ordinance and regulations of any National, provincial
Municipal or other Government authority; and shall maintain SSS and Phil Health
coverage for all its employees including the payment of premium of workers
compensation, Medicare and other benefits requires by all existing Labor laws.
4. Second Party shall ensure that the personnel involved shall be at least 18 years of age;
this is the safety of its personnel and for the protection of minors; with no derogatory
records; and of good health.
5. Second Party shall furnish the First Party complete records of personnel including the
submission of copies of drivers.
6. Second Party shall ensure sufficient insurance coverage to protect itself from other
claims for damages of personnel injury including death, which may arise from operations
under this contract. Copy of such insurance shall be filed with the First Party and shall
be subject to its approval as to adequacy or protection.
7. The First Party shall provide fuel from its depots at the mine sites to the account of the
Second Party
8. The Second Party must also be duly registered with the Bureau of internal Revenue
(BIR) and issued approved BIR official receipts for the collections of payment.
9. The Second Party shall submit to the First Party, a list of all their employees with
medical certificate and drug test for drivers and operators and, indicating designation,
employment staus, contact number and recent address every first week of the month.
The First Party shall then submit the list to its (Human Resourse Department) for
validation purposes. The Contractor shall issue a official sticker to be attached to the
valid ID card of the employee. Any sub-contractors employees without such a sticker
shall be denied entry or acess to the camp sites and mine sites
10. The Second Party shall provide operators for heavy equipment and dump truck drivers a
24/7 operation.

8. CONTRACT EFFECTIVELY AND TERMINATION

1. This Contract shall take effect for the year of 2017 during mining season operations only
and may be extended and renewed by mutual agreement of the parties.
2. Violation of any terms and conditions herein agreed is a ground for termination of this
Contract without prior notice. In case the Second Party fails to perform the works
4
specified in this contract without any reasonable justification or failure to observe mine
sagety rules and regulations, or any Fraudulent acts committed by the Second Party.

******Signed faxed/emailed contracts has the same force and effect as original contract.*****

9. FORCE MAJEURE

The SECOND PARTY shall not be liable for any failure or default in the performance of this
AGREEMENT for reasons beyond its control, including force majeure and special risks.
However, the SECOND PARTY shall promptly notify the FIRST PARTY in writing of the
occurrence of any event constituting force majeure or special risks.

As used herein, the term “force majeure” shall mean attributable to the natural or human cause
or phenomena that make it impossible to detect and prevent. And the term “special risks’ shall
mean war, hostilities, invasion, act of foreign enemies, the nuclear and pressure waves caused
by aircraft or other aerial devices, or in so far as it relates to the country in which works care
being or are to be executed or maintained, rebellion, revolution, insurrection, military or usurped
power, civil war unless solely restricted to the employees or, commotion and disorders.

IN WITNESS WHEREOF, the parties have hereunto fixed their signatures, this _____ day of __________ ,
2017

Signed
________________________ _________________________
FIRST PARTY SECOND PARTY
G and D Equipment Enterprises
Daniel Espa/Marketing Rep

5
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES
(In the City of ________)

BEFORE ME, a Notary Public for and in above jurisdiction this,_____day of __________ 2017,
______________________________ personally appeared with ID No. ___________________Issued at
________________and _______________ personally appeared with ID No. ________ issued at
________________________ and ______________,personally appeared with, ID No. ________ issued
____________ at and ________________,personally appeared with ID No. ________ issued at________
and ______________ personally appeared with ID No. ________ issued at________ all known to me to be
the same person(s) who executed the foregoing instrument and who acknowledged to me that the same is his
free and voluntary act and deed.

This instrument consisting of one (6) page including this acknowledgment is written, has been signed by the
parties together with their instrumental witnesses, and refers to a Memorandum of Agreement

WITNESS MY HAND AND SEAL on the date and at the place first above written.

Doc. No. __________


Page No. __________
Book No. __________                                                                                           NOTARY PUBLIC
Series of    2017

You might also like