Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 3

MINING SERVICE AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This AGREEMENT is made and entered into this_________2021 by and between:


777 HAULING SERVICES,

A company existing under the law of the republic of the Philippines with
office/ residential address located at P-4 Kinalablaban, Cagdianao, Claver,
Surigao del Norte, represented by its Operation Manager, Jolocil B. Turpias
(hereinafter referred to as the “FIRST PARTY”).

-and-

_________________________, a company duly organized and existing


under Philippines laws with offices located at__________________________
Proprietor, is herein referred to as the “SECOND PARTY”. Represented
by________________________________.

WHEREAS, the “FIRST PARTY” has an awarded volume of hauling agreement to


deliver hauling materials (nickel ore) to Platinum Group Metal Corp. under ANSECA
Development Corporation and desires to engage the service s of the “SECOND PARTY” to
augment its hauling operations.

WITNESSETH:

WHEREAS, the “SECOND PARTY” has expressed the intention to join the “FIRST
PARTY” in his/her capacity as Dump Truck Owner/Lessor/Contractor/Authorized
representative/Managing Partner.

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


covenants set here in set forth, both parties agree on the following terms and conditions.

SECTION 1: CONTRACT DETAIL


UNIT HAULING SPEC-REGULAR SEASON RATE
UNIT CLASSIFICATION CUBIC CAPACITY
1 10 WHEELER DUMP TRUCK 18-25 CBM CAPACITY
  RATE PRICE: (vat in)
  250,000 per month/per unit rent

CONTRACT BASE ON : SEASONAL STATUS


REGULAR SEASON STACT : MARCH TO NOVEMBER

SECTION 2: TERMS AND CONDITIONS

Distance : 5.5km mine pit to stockyard pile


Trips Required : Minimum of 10 trips maximum per day
Type of Load : Nickel Ore Load
Driver Salary : P100.00/trip shouldered by the FIRST PARTY
Mobilization Fee : P25,000.00 per unit.
Demobilization Fee : P25,000.00/unit upon end of contract
Maximum Trips per day: 12 Trips/day with maximum distance of 12 kms
round trip

Free:
 Diesel
 Boarding & Meals of Drivers and Operator
 Tire every 3 months of operation
SECTION 3: SECOND PARTY shall submit to the FIRST PARTY the following but not
limited to:

 DTI Permit
 Business Permit
 Certification/Accreditation (SSS, PHIC, Pag-ibig)
 BIR Certification or Registration (Form 2303)
 OR and Cr of Equipments
 Special power of Attorney to operate and should have the owner for any
non-owned equipment brought at site
 Valid Id of Owner/Representative
 Equipment List (Softcopy excel file)

SECTION 4: BILLING PERIOD AND CONTRACT TERM

Billing period shall be every 15th and 30th day of the month. Payment shall be after seven
(7) working days from submission of billing statement following the billing format of the
FIRST PARTY. SECOND PARTY shall submit to the FIRST PARTY a hard copy and soft
copy of the billing Statement within 5 days from cut off;

SECTION 5: LIABILITY LIMITATION

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;

SECTION 6: SAFETY AND ENVIRONMENT

For the safety of the personnel, facilities, and vessels, SECOND PARTY shall ensure his
and his employ awareness of and to follow strictly the rules and regulations, guidelines,
circulars and other issuances by the Bureau of Custom, Philippine Port Authority, Bureau
of Mines, other concerned government offices , as well as of the Company;

Further, the SECOND PARTY shall abide with the Basic Occupation Safety Health
Standards being implemented by the Department of Labor and Employment and other
government offices and the Company. SECOND PARTY in coordination with the FIRST
PARTY shall conduct random drug test of this drivers/operators/employs;

The SECOND PARTY should protect the environment through the compliance of
Environment Management Bureau guidelines. Heavy smoke belching, oil leaking, dirty,
dilapidated and defective tires of truck are not allowed to haul;

SECTION 7: EMPLOYER – EMPLOYEE RELATIONSHIP

The SECOND PARTY warrants that it is an independent business organization duly


registered and licenses to provide the subject work/services. All personnel hired and
assigned but SECOND PARTY to perform the Works/services stated herein are its
employees. Under no circumstances shall this Contract be construed as creating an
employer/employee relationship between FISRT PARTY and the SECOND PARTY’s
employees, personnel or agents. The SECOND PARTY or any of its personnel shall not
have any right to claim whatsoever against FIRST PARTY for any employee benefits,
which the SECOND PARTY agrees to be its sole responsibility;

The SECOND PARTY shall indemnify, and hold FIRST PARTY free and harmless from
and against any all claims by SECOND PARTY’s personnel or agents as regards any
rights or benefits arising from, in relationship to, or in connection with an employer-
employee relationship including any and all losses or damages which FIRST PARTY may
suffer as a result thereof; Any and all damages and other penalties claimed against
SECOND PARTY by any party before, during and/or after the performance of the services
by reason of the act of omission of SECOND PARTY, its officers, drivers, operators,
and/or employ including those due to fortuitous events shall be the exclusive
accountability of SECOND PARTY;

2
SECTION 8: CONTRACT EFFECTIVITY AND TERMINATION

This CONTRACT shall take effect for the year 2021 mining season operations only and
may be extended and renewed by mutual agreement of the parties. Violation of any terms
and conditions herein agreed us a ground for termination of the CONTRACT without prior
notice. Signed faxed/emailed contract has the same force and effects as Original
Contract;

IN WITNESS WHEREOF, the parties hereunto affixed their signature in the place and on
the date above written.

777 Hauling Services

JOLOCIL B. TURPIAS ______________________________


Project Manager

SIGNED IN THE PRESENCE OF

_______________________________ ______________________________

ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES )


_______________________ ) S.S.

BEFORE ME, a Notary Public this ______ of 2021, personally appeared the
following with their respective identification cards:

777 HAULING SERVICES CC1201822493676


By: Jolocil B. Turpias

Signature:
________________________
By:

Signature:

known to me and to me known to be the same persons who executed the foregoing
instrument and they acknowledged to me that the same is their own free and voluntary act
and deed, and of the entities herein represented.

This Service Agreement consists of 8 pages including this page wherein the
acknowledgment is written, and is duly signed by the parties and their respective witnesses
on each and every page of this document.

Doc No. _____;


Page No. _____;
Book No. _____;
Series of 2021.

You might also like