Agreement For The Sale of Scrap Materials: General Manager

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 AGREEMENT FOR THE SALE OF SCRAP MATERIALS

KNOW ALL MEN BY THESE PRESENT:

This agreement for the Sale of SCRAP MATERIALS made by and between:

______________________________, a corporation duly organized and existing under the laws of the Republic of the
Philippines with business address at Laguna Technopark, Biñan,
Laguna, Philippines, represented herein by its, General Manager, hereinafter referred to in this Act as the “SELLER”;

And

COMPANY B  a corporation duly organized and existing under the laws of the Republic of the Philippines with business
address at, Laguna Technopark – SEZ, Binan, Laguna, Philippines, represented herein by its Chief Executive Officer, ,
hereinafter referred to in this Act as the “BUYER”;

WHEREAS, the SELLER desire to sell its SCRAP materials to BUYER

WHEREAS, the BUYER is willing to buy SELLER’s SCRAP materials and undertakes to perform all the responsibilities
imposed upon it and herein below indicated.

NOW, THEREFORE, in consideration of the premises the parties hereby agree as follows:

Section I
Definition of SCRAP

The word “scrap” for purpose of this agreement shall include assorted scrap designated as “scrap” by the “SELLER’s”
authorized representative. SCRAP shall however exclude hazardous production wastes in this contract.

Section II
Buyer’s Responsibilities

The BUYER undertakes to perform the following responsibilities:

1. It shall ensure that it has substantial capital and equipment at all times.

2. It shall provide vehicles and/or other appropriate equipment to pick-up sold scraps from SELLER’s premises to
BUYER’s warehouse.

3. It shall shoulder the processing fee, handling and transportation costs.

4. It shall be the BUYER’s responsibility to provide the necessary personnel, at least three (3) persons to quantify
and load to vehicle the scrap sold. Such personnel and employees of BUYER shall at all times identify
themselves by wearing uniform and identification cards. They shall also comply with all security regulations and
other policies and procedures of SELLER while inside SELLER’s premises.
5. It shall maintain cleanliness and orderliness in the scrap area of the SELLER at all times.

Section III
Seller’s Responsibilities

The SELLER undertakes to perform the following responsibilities:

2. It shall prepare all documents required for the disposal of SCRAP such as Letter of Authority, Surety Bond and
PEZA Form It shall make the loading area and equipment available during the scheduled hauling activity of the
BUYER.

3. It shall submit to BUYER the quantity for pull-out at least 2 weekdays prior to hauling schedule for the payment
preparation.

4. It shall ensure that the SCRAPS to be hauled shall be weighed prior to pull-out and in the presence of SELLER’s
representative, BUYER’s representative and Security Guard-on-Duty.  In the event that the weigh-in requirement
shall be waived upon approval of the abovementioned representatives, the BUYER shall validate the quantity
upon arrival in their premise.  Should there be any variance on the quantity of the SCRAP during validation, the
SELLER may witness the re-weighing in the BUYER’s premise for the confirmation of the quantity. 
Adjustment shall be made upon agreement of both parties.

Section IV
Price of SCRAP
  

1. The approved and agreed unit price shall be declared in full on all documents required for releasing.  No
undervaluation of SCRAPS hauled is acceptable. (Please refer to Annex A for the price)

2. The offer shall be for the entire duration of this sales agreement, however, amendment to the agreed formula can
be made upon mutual agreement of both parties depending on the prevailing market situation  

3. Packaging materials such as carton boxes, pallets, sacks and plastic containers used to store the SCRAPS shall be
paid, replaced or retuned by the BUYER to the SELLER.  The unit price of the aforementioned packaging
materials shall be based on the prevailing market price.

Section V
Payment
  

1. After the total amount due is computed, the BUYER shall pay immediately in a form of CASH,  “Dated Check”; a
Bank to Bank transfer; or a debit memo to the SELLER or to any authorized representative to receive payment
on the scheduled pick-up of SCRAP.
2. Payment of SCRAPS hauled shall be in Philippine Peso currency only.

3. It is the duty of the SELLER or any of its authorized representatives to issue an Official Receipt to the BUYER or
its representative for payments made on the SCRAP preferably on the set day of hauling.

Section VI
Validity

This Agreement shall be deemed to be effective as of the date of its execution, and shall be continues indefinitely unless a
party provides notice of termination.

Should the parties wish to pre-terminate the Agreement, it shall send a written notice to this effect at least thirty (30) days
before the intended date of termination. However, the SELLER reserves the right to re-bid anytime should there be
violation of the above terms and conditions.

Section VII
Dispute Settlement

Representatives of both SELLER and BUYER, designated by them for this purpose shall settle amicably any disagreement
of dispute arising out of this Agreement. If any such dispute or disagreement be not settled amicably, the matter shall be
brought before the Courts of Laguna solely and to the exclusion of all other courts and venues.

Section VIII
Miscellaneous Provisions
  

1. This Agreement contains the entire covenant between the parties, and no statements, promises or inducements
made by either party that are not indicated in this written contract shall be valid or binding. This Agreement may
not be enlarged, modified or altered except in writing, signed and endorsed by the parties.

2. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, executors, administrators,
assignees, and successors in interest.

3. This Agreement shall be in compliance with all government rules, regulations, environmental laws and applicable
export control laws.  The BUYER shall ensure that the SCRAPS will not be used for the proliferation of
weapons of mass destruction and conventional arms.

IN WITNESS WHEREOF , the parties hereto have set their hands this __________ day of __________________ at
_______________________________.
REPUBLIC OF THE PHILIPPINES)
_____________________________ )

                BEFORE ME, a Notary Public in ________________________________, this _____________ day of


_________________________________, personally appeared:

NAME                                                    CTC NO., / PASSPORT NO.                    ISSUED ON / AT

Known to me and known to be the same person who executed the foregoing instrument which they acknowledged before
me as their free and voluntary act and deed.

The instrument, consisting of 4 pages including this page on which this acknowledgement is written and has been signed
on each and every page by all the parties and their witnesses, and sealed with my notarial seal.

IN WITNESS WHEREOF, I have hereunto set my hand on the date and place first above written.

Doc. No. __________________,


Page No. __________________,
Book No. _________________,
Series of 2017.

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