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SERVICE LEVEL OF AGREEMENT

KNOW ALL MEN THESE PRESENT:

This Agreement made entered into this ______ day of _______ 2013 at
___________, by and between;

2GO EXPRESS INC., a corporation duly organized and existing under the
laws of the Philippines, with principal office at General Aviation Area,
Domestic Road, Pasay City, represented in this act by its _____,
________________, hereinafter referred to as the “CONTRACTOR”;

- and -

______________________________a firm organized and existing under and


by virtue of Philippine law, doing business at
___________________________________represented in this deed by its
(Designation)____________ (Complete Name)___________hereinafter to as
“CLIENT”,

(The CLIENT and the CONTRACTOR are hereinafter collectively referred to


as the “Parties”).

WITNESSETH: That --

WHEREAS, the CONTRACTOR is engaged in the business of transport


and delivery of documents, papers, pouches, boxes or parcels;

WHEREAS, the CONTRACTOR has offered to render certain services to


the PRINCIPAL in accordance with this Contract; and

WHEREAS, the CLIENT has accepted the offer of the CONTRACTOR


under the terms and conditions set forth in this Contract;

NOW, THEREFORE, for and in consideration of the foregoing premises and


the mutual covenants set forth below, the Parties hereby agree as follows:

SECTION ONE : OBLIGATION OF THE CONTRACTING PARTIES

CONTRACTOR SHALL:

1.0 Perform the agreed delivery procedure, Door to Door and Trucking
as provided in “Annex A”.

1.1 CONTRACTOR will handle the land and air


transportation/distribution of all CLIENT’S shipments to and from
various destinations. The CONTRACTOR acknowledges that it has
the full responsibility for the prompt and complete delivery, in good
order and condition, of the particular items covered by the way bill
and therefore assumes the obligation to devise and adopt the most
efficient method and techniques of rendering the Service.

1.2 Ensure on-time delivery of documents and parcels based on the


latest CONTRACTOR’s Service Reference Guide. Delivery
Commitment Time shall commence from the receipt of the delivery
instruction together with the items, goods, parcels and other
documents to be delivered to Client by CONTRACTOR.

1.3 Provide CLIENT with a report of the actual time and date delivery
was made. The report will be provided through electronic data
transmission and will be forwarded to CLIENT within five (5) days
from delivery date.

1.4 Observe extraordinary diligence in the handling, care, custody and


transport of CLIENT’s shipments, which responsibility shall continue
until the goods or merchandise are received and acknowledged
(signed for) by the consignee or authorized representative, and
pertinent documents of sale and/or delivery are submitted to and
received by CLIENT.

1.5 CONTRACTOR shall be free to use legitimate and appropriate


means and devices not contrary to law which it believes will best
enable it to perform its obligations under this Agreement.

1.6 Provide security for the delivery of CLIENT’s goods/supplies and


immediately report to CLIENT any loss, misdelivery or damage to
CLIENT’s goods/supplies while the same are in CONTRACTOR’s
warehouse or in its custody during shipment and prior to delivery to
the consignee. Claims shall be governed by the conditions of
carriage printed at the posterior portion of the Domestic Airwaybill.

CONTRACTOR will not be liable for loss, damage, or delay caused


by events that it cannot control, including, but not limited to acts of
God, perils of the air, weather conditions, acts of public enemies,
war, strikes, civil commotions, or acts or omissions of public
authorities (including customs and quarantine officials) with actual or
apparent authority.

CLIENT SHALL:

1.6 Inform CONTRACTOR of any and all delivery shipments and afford
CONTRACTOR sufficient time to do the pick-up and delivery as the
circumstances necessitate.
.

SECTION TWO: INSURANCE

It is understood that CLIENT shall have the option to insure the


goods/supplies located at the premises for pick-up of the
CONTRACTOR and CONTRACTOR shall not claim any right over
the proceeds of the insurance policy secured or obtained by
CLIENT. All shipments for Domestic delivery are insured based on
the value declared by CLIENT on the domestic Airwaybill.

SECTION THREE: CLAIM

CLIENT shall provide a formal written complaint letter within thirty


(30) days from the time information is received on the loss and/or
damage of the shipment. CONTRACTOR shall investigate and
prepare incident report. CONTACTOR shall issue a credit memo: a)
in case of damaged shipment within twenty one (21) days from
Pouches Order date, and b) in case of lost shipment within twenty
one (21) days from ship date.

SECTION FOUR: PAYMENT AND CHARGES

CONTRACTOR SHALL:

4.0 Provide CLIENT with a special discounted rate detailed in “Annex B”


(Price Schedule). Annex A reflects a separate pick-up and delivery
rate for document/ Request for Credit Memo and Cargo rate. The
rates are inclusive of delivery and VAT. In the event of refused
delivery same rate will apply.

4.1 All billings are based on CLIENT agreed rate net of VAT. The
CONTRACTOR shall submit Charge Invoice to CLIENT every 15 th
day of the month.

4.2 Provide CLIENT with a credit limit of Php ________provided that the
credit account may be suspended whenever unpaid billing exceeds
the credit limit or any unpaid billing for more than thirty (30) days.

CLIENT SHALL:

4.3 Pay any and all billings and statements of accounts diligently and
promptly within __30__ days from receipt thereof. In the absence of
any payment due from the CLIENT, the CONTRACTOR may charge
interest for any delay in payment for overdue accounts at the rate of
two percent (2%) per month of the amount due until fully paid.

4.4 The CLIENT shall provide the CONTRACTOR a monthly Credit


Memo report to be submitted every 7th day of the succeeding month.

SECTION FIVE: REPRESENTATION AND WARRANTIES

Each of the parties hereto represents and warrants to the other at time of
the execution and signing of this agreement that:

(a) They have full power and authority to make, execute, deliver and
perform their obligations under this agreement, and that this agreement
constitutes the valid and legally binding obligations of the parties
enforceable in accordance with its terms and obligations herein stated.
(b) The execution, delivery and performance of this agreement does not
violate, with or without giving notice or the passage of time, any
provision of law now applicable to the parties and does not conflict with,
or result in a breach of any provision of license or franchise granted by
any government authority which may prevent the parties from fulfilling
their respective obligations under this agreement.

SECTION SIX: TERMS OF AGREEMENT

This agreement shall commence on ______ day of ____________, 20__,


and shall have the minimum term of One (1) year. This Agreement shall be
deemed automatically renewed on a yearly basis unless either party transmits to
the other a written notice of cancellation at least sixty (60) days before the
intended date of termination.

SECTION SEVEN: TERMINATION OF AGREEMENT

7.0 Either party may terminate this agreement by serving the other party
a written notice of such intention at least sixty (60) days prior to the
intended effectivity date of such termination.

7.1 The termination of this agreement for any reason whatsoever shall
not, however, release either party hereto from any obligation accrued
thereunder before the termination of this agreement, or from any
liability which at the effective date of termination may have already
accrued to the other party; nor shall such termination affect or
prejudice any party’s rights which may have already accrued as to
the effective date of such termination.

SECTION EIGHT: RELATIONSHIP OF THE PARTIES

8.1 CONTRACTOR is an independent Contractor and, and, except as to the


desired result or the service to be rendered, shall not be subject to
the control and supervision of CLIENT particularly with respect to the
means and devices to be employed by CONTRACTOR for the
performance of its obligation under this Agreement.

8.2 Consistent with its status as an independent contractor,


CONTRACTOR hereby warrants that it possesses the capital,
capital, tools,
equipment, machineries and work premises necessary to pursue its
business and to carry out its obligations under this Agreement and
that the services are offered not only for CLIENT but to the public at
large.

8.3 CONTRACTOR further warrants that it shall pay legally mandated


salaries and wages to its officers, messengers, agents and
employees, and shall accord them, with all the benefits required and
provided for by law, and shall comply with all laws, rules and
regulations and other issuances and orders of the appropriate
government agencies concerning employment and employee welfare
and benefits.

8.4 CONTRACTOR shall hold CLIENT free and harmless from any
claims or suits which CONTRACTOR’s employees may file as a
result of CONTRACTOR’s non-compliance thereof, and shall
indemnify CLIENT from any and all damages and expenses that the
latter may incur due to CONTRACTOR’s non-compliance of said
laws, rules and regulations.

SECTION NINE: RESTRICTION

CONTRACTOR shall not assign or in any other way transfer any of


its rights or interests granted under this agreement, without the
written consent of CLIENT.

SECTION TEN: VENUE

The construction, interpretation, validity, and performance of this


Contract shall be governed by the Laws of the Republic of the
Philippines. All other pertinent provisions of the New Civil Code of
the Philippines or other applicable Philippine Laws, issuances and
jurisprudence, insofar as they are applicable shall govern the
relationship between the Parties herein. The Parties agree to submit
to the exclusive jurisdiction of the proper courts of Pasay City, Metro
Manila, and to the exclusion of all other courts.

SECTION ELEVEN: NOTICES

Any notice permitted or required under this Agreement shall be in


writing, personally sent, or sent by telex, telefax, and if mailed, sent
by registered mail, postage prepaid, return receipt requested, and
shall be deemed made (a) on the date sent via telex or telefax; (b)
when received by the addressee if delivered by personal delivery or
by post. Notices shall be addressed as follows:

If to 2GO EXPRESS INC:

2GO EXPRESS INC.

General Aviation Area, Domestic Road, Pasay City

Attention:

Tel No.:

Fax No.:

If to CLIENT:

_________________________________________

_________________________________________

Attention:
Tel No.:

Fax No.:

or such other address(es) as the intended recipient shall previously notified the
other in writing in the manner prescribed herein.

IN WITNESS WHEREOF, the parties hereto hereby set their hands on the
date and place first above-mentioned.

2GO EXPRESS INC.

By:

Name:
Designation:

____________________________

By:

Name:
Designation:

ACKNOWLEDGEMENT

Republic of the Philippines

_____________________:

Before me, a Notary Public for and in the City of


_________________ this _______________ day of _______________,
personally appeared the following:

Name CTC No. Date/Place Issued

________________ __________________
_________________
________________ __________________
_________________

known to me and known to be the same person who executed the foregoing
instrument and they acknowledge to me that the same are their free and voluntary
act and deed.

IN WITNESS WHEREOF, I have hereunto set my hand this day of


___________ and place above written.

Doc. No. ___________

Page No. ___________

Book No.___________

Series of 2013.

“ANNEX A”
PRICE SCHEDULE

The CONTRACTOR and CLIENT shall fallow the delivery procedure based on the
following schedule:
“ANNEX B”
PRICE SCHEDULE

The CONTRACTOR shall bill CLIENT based on the following rate schedule:

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