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And
WITNESSETH:
WHEREAS, the First Party has a requirement for the supply and delivery of
SEVENTY (70) trays of egg per month;
WHEREAS, the First Party accepted the quotation of the Second Party subject to
the terms and conditions hereunder stipulated;
1. Second Party shall undertake to supply the eggs to the First Party in accordance
with the specifications detailed as follows:
Description Quantity
Item Egg 72 trays/month @
P220/tray
Size Medium to Large
2. The First Party and the Second Party agree that the contract price already
includes all applicable taxes, fees and charges by the government. The Second
Party shall hold the First Party free from liability for any or all taxes arising out of
this transaction;
The prices herein agreed shall be subject to price adjustment and escalation
depending on the current wholesale price;
3. The Second Party shall supply the egg every Thursday of the week and payment
shall be made every Fifteenth and Thirtieth day of the month;
4. No terms of corrections of this agreement shall be deemed waived and no
breach or default excused unless such waiver or excuse shall be in written
consent of the other party;
5. In the event that there are facts and circumstances which may arise or are
discovered which renders this agreement disadvantageous to the Government,
the parties hereto agree immediately to re-negotiate its terms and conditions, or
at the option of either party to terminate the same;
7. The relationship between the parties shall be limited to the performance of the
terms and conditions of this MOA. Nothing herein shall be construed to create a
general partnership/agency/employer-employee or any other relationship
between the parties or to authorize any party to bind the other except as set forth
in herein;
b. It has good title to the goods described in the MOA, has full authority to sell
and transfer the same, and that the items are sold free and clear of all liens,
encumbrances, liabilities and adverse claims on every nature and description;
c. It will fully depend, protect, indemnify and hold the First Party harmless from
any and adverse claims that maybe made by any party for the possession
and/or use of the goods;
d. The defective items found during inspection shall be replaced in the next
delivery schedule. The First Party shall identify the defective goods and give
notice/advice to the Second Party within two (calendar days) upon delivery.
Otherwise, failure to identify and give notice/advice to the Second Party of the
defective goods shall be considered a waiver thereof;
e. First Party accepts no liability for the damage of the goods during transit, risk
and title will be deemed to have passed to Second Party only upon receipt
and final acceptance of the goods;
IN WITNESS WHEREOF, the parties hereto have signed these presents on this
th
25 day of November 2022 at Santiago City, Isabela, Philippines.
MARICEL C. BARCARSE
I.D. No. CRN -0111-3280065-0
______________________ _______________________
ACKNOWLEDGEMENT
BEFORE ME, a Notary Public for and in the City of Santiago, on this 2th day of
November 2022, personally appeared:
MARICEL C. BARCARSE
Known to me and known to be the same person who executed the foregoing
Memorandum of Agreement consisting of three pages (3), and who acknowledged to
me that the same is their own free and voluntary act and deed as well as the free and
voluntary act and deed of the entities they are duly authorized to represent.
WITNESS MY HAND AND NOTARIAL SEAL, on the date and place first above
written.