Hauling Contract Agreement

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HAULING CONTRACT AGREEMENT

KNOWN ALL BY MEN BY THESE PRESENT:

This Contract is made and entered this ______________ at ____________________, and


between:

___________________, a private/solely owned duly organized and existing under and


by virtue of Philippine Laws with principal office address at
______________________________________________________________________are represented in this
agreement by its Operation Manager, _________________hereinafter referred to as
the “FIRST PARTY”

-And-

_________________________________________________________, is a privately owned which duly


organized and existing under and by virtue of Philippine laws with office address
at ____________________________________________________ , represented by
_________________________________ hereinafter referred as the “SECOND PARTY”.

WITNESSETH:

WHEREAS, as the FIRST PARTY, is the general contractor


___________________operated by ________________ at ___________________.

WHEREAS, the SECOND PARTY is desirous to provide hauling and loading


services to the FIRST PARTY;

WHEREAS, the FIRST PARTY has accepted the SECOND PARTY to render the
service required by the FIRST PARTY subject to the condition hereinafter set
forth;

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


parties hereto have agreed to enter a contract of loading and hauling of nickel ore
to the following terms and conditions:

1. EQUIPMENT REQUIREMENT
The support equipment needed for the activities shall be provided by the
SECOND PARTY in all mining activities.

2. CONTRACTOR’S RATE

● EXCAVATOR - 2,300.00 Php/Hour

✓ Diesel must have a Purchased Slip (P.O) first issued at Fuel Monitoring.

3. CASH ADVANCES
✓ Heavy Equipment’s - 50,000 Php/Unit

4. MOBILIZATION
▪ All cash advances and Mobilizations, is through billing deduction.

5. BILLING PERIOD/PAYMENT TERM:


The billing period shall be every 15th and 30th. Payment shall be within
ten (10) working days from submission of the billing statement.

6. LIABILITY LIMITATIONS:
FIRST PARTY liability concerning the Contract shall be limited only to the
SECOND PARTY and shall not extend to its employees and other parties.

7. SAFETY
For the safety of the facilities, vessels, and personnel, the 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.

Furthermore, the SECOND PARTY shall abide with the Basic Occupational Safety
Health Standards being implemented by the Department of Labor and
Employment and the Company.

The SECOND PARTY shall be fully liable for any loss or injury to the person and
damage to the property that arises during its performance of this agreement.

8. OTHERS
FIRST PARTY shall provide for barracks and repair shop; with access to power
and water lines at minimal cost;

SECOND PARTY shall provide data and registration certificates including smoke
test emission all incoming units for brand new and surplus units and special
power of attorney to operate (for not owned equipment), for each equipment
brought in the sites; SECOND PARTY ensure to have direct agreement with
owners for non-owned equipment brought at site.

SECOND PARTY shall at its owned cost and expenses 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
worker’s compensation, Medicine and other benefits require by all existing labor
laws.

SECOND PARTY shall ensure that the personnel involve 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.

SECOND PARTY shall furnish FIRST PARTY complete records of personnel


including the submission of copies of driver’s license.

SECOND PARTY shall ensure sufficient insurance coverage to protect itself from
other claims for damages or personnel injury including death, which may arise
from operation under this contract.

FIRST PARTY shall provide fuel from its depots at the mine site to the SECOND
PARTY and fuel consumption shall be deducted from the billing.

SECOND PARTY must also be duly registered with the Bureau of Internal
Revenue (BIR) and issue approved BIR official receipts to be issued for its
collections.

SECOND PARTY shall submit to the FIRST PARTY a list of all their employees
with medical certificates, NBI/Police Clearance, and drug tests for the drivers and
operators indicating designation with support certificates NCII or equivalent,
employment status, contact number, and recent address every first week of the
month. The SECOND PARTY shall then submit the list to ____________ (thru its
Human Resources and Administrative Department) for validation purposes. The
_________________ shall issue an official sticker, no sticker shall be denied entry or
access to the campsite/mine site.

SECOND PARTY shall provide _________ units of Dump Truck Drivers and
operators for 24/7 operation. And meals shall be provided by the FIRST PARTY
by billing deduction.

9. CONTRACT EFFECTIVITY AND TERMINATION


This CONTRACT shall take effect upon the start, until the end of the mining operation
for the Whole Season.
Violation of any terms and conditions herein agreed is a ground for terminations
of the CONTRACT with our prior notice.

In case the SECOND PARTY fails to perform the work specified in this contract
without any reasonable justification and failure to observe mine safety rules and
regulations and fraudulent acts committed by the SECOND PARTY will be
ground for termination of this Contract.

A signed faxed/emailed contract has the same force and effect as the original
contract.

IN WITHNESS WHEREOF, the parties hereunto affixed their signatures this


________________________, 2022, in ____________ Philippines.

SIGNED BY:

________________________ Operation Manager


Proprietor

SIGNED IN THE PRESENCE OF:

___________________________________________ ____________________________________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES


CITY OF ___________ s.s

Before me, a notary public for and in _______________________________on this day of


_____________________, 2022.
Who are both duly authorized and representing their respective Company.
Known to me and to be known to be the same persons who executed the
foregoing instrument and they acknowledged to me that the same is their free act
and voluntary deed.
This instrument is consisting of five pages including this page where the
acknowledgment is written and has been signed by the parties and witnesses on
each and every page thereof.
WITNESS MY HAND SEAL on the date and place above written
NOTARY PUBLIC

Doc. No.:
Page No.:
Book No.:
Series of 2022

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