LGD JESUS REALTY & DEV’T. CORP.

G PARKVIEW TOWER 1 EASTWOOD ORCHARD ROAD

BAGUMBAYAN, QUEZON CITY
SEC. REG. # CS201950375
TEL #: (02) 7149-7471 | MOBILE #: 09683976994 | EMAIL: [email protected]

HAULING CONTRACT

CONTRACT No.    : Sangly 0001

REQUIREMENT. : 50Units 12w DT (35 cbm)
NAME OF PROJECT  : 178 kilometers Pangasinan to Bulacan Project
LOCATION :  Bugallon,Pangasinan to Pulilan Bulacan
DEPLOYMENT : September 15, 2021
 

KNOW ALL MEN BY THESE PRESENTS:

WNT TRADE AND SERVICES CORP. represented by Its Vice President for Operations Mrs. Alita Gorespe with
Business address Located in Mahabang Parang Angono, Rizal. A company which is under process and will be
duly organized and existing under and by virtue of the laws of the Republic of the Philippines . together with its
Principal Maharlika Logistics business address located at Quezon City, , hereinafter referred to as (“FIRST
PARTY”)

And

Please insert company name address and signstory.

________________________ a company duly organized and existing under and by virtue of the laws of the
Republic of the Philippines, with business address located at located at No.
__________________________________________ herein referred to as “SECOND PARTY”

WITNESSETH

job order with the SECOND PARTY for hauling located and situated at  Taysan Batangas the loading area, Sangly
Point Cavite as the unloading area, represents and warrants that it can fulfill the requirements of the agreement
and provide it in a timely manner, under certain the terms and conditions mentioned in this contract.

WHEREAS, the SECOND PARTY has expressed the intentions to join the FIRST PARTY in his/her capacity to
provide Dump Trucks and accepted the offer as hauler of the filling and related materials to be loaded:

NOW THEREFORE, for and in consideration of the foregoing premises herein contained, the FIRST PARTY and the
SECOND PARTY have mutually agreed and bind themselves by the terms and conditions herein stipulated as
follows:

ARTICLE 1 - TERMS AND CONDITIONS

1.0 The SECOND PARTY shall submit list of Plate Numbers, Photos of the Unit (Front, Side), clear photocopies of
updated Official Receipt together with Certificate of Registration, Driver’s License/Police clearance and valid
ID’s of the Helpers and HEALTH CERTIFICATES. Personal Protective Equipment (PPE), MEDICAL KITS WITH
FACE MASKS upon deployment.
2.0 ARTICLE 2 – AGREEMENT

2.1 Capacity: At least 35 Cubic Meters (12 W DT) 

2.2 Distance: 125 kilometers
2.3 Hauling Site: Taysan Batangas
2.4 Dump Site: Sangley Point Cavite
2.5 Hauling Rate:  520 per cbm

PO DIESEL

REPLACEMNT OF TIRES IS WITH THE TRUCKERS ACCOUNT.

2.6 Materials: Blasted boulder rocks mix size

2.7 Scope of Work: Hauling
2.8 Required # of Trips: 1

 Unlimited The Numbers of Trips provided is subject to change depending

on Weather and Government Restrictions etc.

 Note: Hours of operations can change anytime depending on weather, government

restriction etc 
 No Trip No Pay Policy

2.9 Hauling Operations: 

 12 Hours to 24 Hours.
 Note: Hours of operations can change anytime depending on traffic , weather, government
restriction etc 
 6 Days a Week. Sunday Day Off
 26 Days a Month.
 No Trip No Pay Policy

2.10 Contract Duration: 1 year Renewable

2.11 Payment Schedule: Billing Friday/ Monday Payment
2.12 Mode of Payments: weekly

ARTICLE 3 - GENERAL PROVISIONS

3.1 The FIRST PARTY shall provide 50 Units, A-l condition 12 WHEELER DUMP TRUCKS 35 CBM Capacity for this
Hauling Contract. Listed Below are the plate numbers :

Please insert plate Numbers

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3.2 The FIRST PARTY shall pay the SECOND PARTY for the use of Dump Truck hauling services hereunder
indicated and based on the transmittal/list of Dump Trucks duly received by the FIRST PARTY according to the
following Terms and Conditions:

33 The FIRST PARTY shall provide PERMITS AND OTHER LEGAL PERTINENT DOCUMENTS.

3.4 The FIRST PARTY shall provide the DELIVERY RECEIPTS requirements of the trucks.

3.5 It should always be understood that the trucks being used herein should run for ONE (1) year without any
downtime and should perform very well as expected. Should any downtime happens, immediate repair must be
done by the SECOND PARTY to its unit/s. Likewise, the FIRST PARTY has an option to conduct immediate action
on the repair of the said truck but with the SECOND PARTY’s approval, and with the ensuing expenses
chargeable to the of account of the SECOND PARTY as agreed upon by both PARTIES.

3.6 GENERAL CONTRACTOR / Third Party , for the personal use of their drivers and helpers, or dwells at their
own Dump Trucks to sleep, for the safety and protection of the TRUCKS assigned to them.

3.7 The SECOND PARTY shall exclusively deliver the contracted materials to the designated dump site. 

3.8 Expenses for major repairs, such as Overhauling, Engine Replacement, Under Chassis, Engine and
Replacements shall be to the account of the SECOND PARTY. 

3.9 The Five (5) months warranty of Power Machine, Engine Overhauling/Under Chassis and Differentials
Guarantee Repair Services is shouldered by the SECOND PARTY

3.10 If the Dump truck units, while in hauling operation, have incurred mechanical problems rendering them
operational, the SECOND PARTY is given only three (3) days to have the said units repaired and operational.
However, if the given 3 days period has lapsed and the said units remained un-operational, the same shall be
automatically replaced with new dump truck units by the SECOND PARTY. Pull-out of the said units shall be
effective immediately, wherein all related costs, including mobilization fees, shall be to the account of the
SECOND PARTY. A written notice shall be made by the SECOND PARTY to the FIRST PARTY, informing them of
such pullout.

3.11 DELIVERY RECEIPTS and TRIP TICKETS as billing attachments. The said documents must be duly
accomplished and acknowledged by all concerned representatives of both parties and will be used as  primary
and achments by the SECOND PARTY to their Billing Statements during filing of their billing with the FIRST
PARTY. In the absence of both or either one of the two mentioned documents as attachments, the SECOND
PARTY’S billing statements will be rendered as invalid by the FIRST PARTY; hence billing should be done once
documents are completed.

3.12 All other additional cost or expenses with regards to the operations and performance of this contract which
are not mentioned above shall be for the account of the SECOND PARTY

3.13 The employees involved in this undertaking shall be under the responsibility of the SECOND PARTY who
shall be exclusively responsible for them

The SECOND PARTY shall be held liable for any resulting claims and/or damages from any accident, injury, or
sickness the said employee may suffer while performing their duties. To this effect, the SECOND PARTY shall
secure pertinent insurance coverage for his Drivers and Helpers at his own expense.

3.14 The SECOND PARTY undertakes that it will utilize its Dump Trucks only for the use of the business of the
FIRST PARTY. During the duration of this contract, the SECOND PARTY is prohibited from entering into hauling
agreements with Third Parties and to the Parties in which the FIRST PARTY has entered with the same contract
whether or not using the same Dump Trucks for the delivery of the same materials.

ARTICLE 4 – RIGHT OF SUPERVISION

4.1 The FIRST PARTY shall have the right, but shall not be bound to appoint a supervisor or an inspector to
monitor the work hereunder.
4.2 The SECOND PARTY shall strictly, with all reasonable instructions of the FIRST PARTY, about the hauling
operations and standards of safety rules and regulations. However, the lack of such instructions shall not exempt
the SECOND PARTY from performing the work in a safe and proper manner and in accordance with this
agreement.

4.3 The FIRST PARTY shall have the right to cease the operations of the truck owners in cases where a forecasted
rainy season, typhoon, COVID 19 PANDEMIC, or any other conditions / government restrictions, wherein site
operation shall be impossible to effectively and efficiently continue. And also, if there shall be no other areas
available for the operation due to the road or weather condition. The FIRST PARTY shall inform the SECOND
PARTY for temporary cease in operation effective immediately and with no required damages charges against
the FIRST PARTY and no claims for the payment in favour of the SECOND PARTY.

ARTICLE 5 – NON-CIRCUMVENTION, NON-DISCLOSURE AND CONFIDENTIALITY

5.1 BOTH PARTIES mutually agrees that they will not at any time, hereafter, attempt, in any way to make direct
or indirect contact/contract with any of the Principals (Gen Con, Contractors, Truck Owners, Engineers) of the
parties herein and all others involved in the project. Nor the SECOND PARTY and her partner Truck Owner(s)
enter into any contractual agreement with other parties of hauling services using the same Dump trucks subject
to this contract without the written consent of the FIRST PARTY for the entire terms of this agreement, including
its renewal, if needed. All parties involved herein shall treat this agreement with utmost confidentially and shall
never disclose it to others who are non-parties to this project. BOTH PARTIES understand that any violation of
this agreement, the AGGRIEVED PARTY may commence a legal action against the ERRING PARTY, to which the
latter agrees to all legal actions which the former deems appropriate.

ARTICLE 6- OTHER OBLIGATIONS

6.1 In instances when the cessation of trips will be caused by the truckers and for any cause including illness of
the crews or accident to the driver or helper, the FIRST PARTY and SECOND PARTY will NOT be liable of any
damage fees and the payment for the concerned truck, its drivers and helpers.

6.2 The SECOND PARTY must ensure that all its Drivers, Helpers and Related Personnel are well informed and
instructed to strictly follow all the rules and regulations as imposed by the assigned Administrator in their
Barracks/Living Quarters. Drinking of all kinds of alcoholic liquors, TAKING DRUGS, and playing of all sorts of
gambling are strictly prohibited within their quarters at any time and date. Violators will be apprehended and be
dealt with suspension or termination of service, as the case maybe.

6.3 That all concerned, shall strictly follow the social distancing and shall wear face mask/face shield from time
to time including during operations and non-operation activities to prevent spread of the COVID-19 Virus

ARTICLE 7 – EXCLUSIVITY

7.1 The SECOND PARTY is not allowed to use existing units duly registered and accredited under the FIRST PARTY
to service other clients/ customers without prior written consent of Both Parties and in order to ensure effective
control and management of units while performing the service under this contract.

ARTICLE 8 – DILIGENCE

8.1 Truck owners and all persons employed by the same must observe and exercise the ordinary diligence as
that of a good father to his family, to prevent harm to all persons and damage to the equipment of the FIRST
PARTY and third persons, including safety measures and equipment’s property
within the work area. The order of work stoppage shall immediately be enforced until the Truck owners have
implemented proper corrective measures.

ARTICLE 9– AUTHORIZATION AND COMMITMENTS

9.1 Both parties acknowledge that as signatories of this agreement, they are authorized by their business firm or
companies and sole owners, in its interest in this transaction. Both parties agreed to furnish corresponding
documents such as notarized certificates of authorization, Board resolution, or proof of company ownership, if
sole proprietor, to confirm legally and authentically of such agreement. The SECOND PARTY and her/his partner
Truck Owner(s) warrants and guarantees that they are the AUTHORIZED LAWFUL OWNER of the Dump Trucks
units that will be delivered to the FIRST PARTY. The SECOND PARTY warrant and guarantee that all equipment’s
delivered and will be delivered, are free from all disputes, liens, claims, writ, levy, attachment, judgement,
execution, third party claims from its owners, creditors, third persons, court, administrative bodies, quasi-
judicial and law enforcement agencies, and will not hold and therefore releases the FIRST PARTY from all harm,
claims, and all adverse actions. All drivers and operators employed by the Truck Owners are duly licensed to
drive and operate and are of legal age for employment.

ARTICLE 10 – INSPECTION 

10.1 The truck owners shall allow the FIRST PARTY to physically inspect the above named units as to the latter
the latest photo copies of the corresponding Certificates of Registration, Official Receipt and lists of drivers and
support personnel for accreditation by the FIRST PARTY 

ARTICLE 11 – HAULING PERIOD

11.1 This hauling contract is for a long term project but set for ONE (1) YEAR duration and renewable and shall
commence upon the actual performance of the equipment’s at the site but subject for a review every six (6)
months as the project requires until its completion.

ARTICLE 12 – FORCE MAJEURE AND OTHER CAUSES

12.1 The FIRST PARTY shall not be for any default of failures in the performance of this AGREEMENT for reasons
beyond control, including force majeure, uncontrollable circumstances deriving from the problems in the area

ARTICLE 13 – TERMINATION OF CONTRACT

13.1 The FIRST PARTY shall, by written 30 days’ notice, terminate the services of hauler for the following
reasons: If hauler is unable to PERFORM and in-efficiency of Equipment/ Dump trucks; and also if the haulers,
without reasonable excuse, have failed to proceed with the performance of the works specified in the contract. 

ARTICLE 14 – PULL-OUT

14.1 The SECOND PARTY shall not pull out any equipment without a Thirty (30) days prior written notice to the
FIRST PARTY and only upon written approval by the FIRST PARTY and after the FIRST PARTY fully recovers all
Cash Advances. The SECOND PARTY, however, has the right to claim exemption from this condition and given
the right and authority to pull out such Dump Trucks, when the FIRST PARTY has committed a breach of contract
specifically in terms of delinquency of payment of obligations, no accomplishments after SIX (6) days or any
unjust inconvenience on the part of the SECOND PARTY. At which time, this Agreement shall automatically
expire without the need of Notice to the FIRST PARTY.
Both parties shall have no obligation to each other, except for the payment due to the SECOND PARTY, if any,
upon submission of its Billing Statements.

ARTICLE 15 - AUTHORITY CLAUSE:

15.1 Any default and or any circumstance like stoppage of deliveries due to non-existence of any materials to be
delivered will be at the EXPENSE of the FIRST PARTY, considering of non-working time for the DUMTRUCKS to its
scheduled time. The SECOND PARTY is not liable for non-performance of the deliveries. This contract shall be
governed by and construed in accordance with the laws of the Philippines. For all terms and conditions shall
apply, stipulated on this contract. Any disputes and or any misunderstanding on the side of both PARTIES, and or
any unforeseen circumstance the course of activities, performed under this CONTRACT, both PARTIES, shall
discuss in good faith to address the issue which may arise and make necessary amendments to this contract of
AGREEMENT.

ARTICLE 16 – PAYMENT

16.1 All payments by the FIRST PARTY to the SECOND PARTY shall be drawn in any, as agreed by both parties
thru bank deposit or in CASH payment/TT/DATED CHEQUES (NO CROSS OUT). 

Please insert Bank Accont details..

ACCOUNT NAME:        ________________________________ 

 
ACCOUNT NUMBER:   ________________________________
 
NAME OF BANK:          ________________________________ 
 
BRANCH (ADDRESS):  ________________________________

IN WITNESS WHEREOF, both parties have hereunto set our hands on this ____ of __________________, 2021 at
____________________________, Philippines.

  

MR. NINO F. OLSEM

President / CEO
WNT TRADE AND SERVICES CORP.
N. OLSEM CAR RENTAL SERVICES CORP

First Party

                

First Party 2nd Party

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                                  WITNESSES:

______________________.                     _______________________

ACKNOWLEDGEMENT

Republic of the Philippines City of (_____________________) S.S BEFORE ME, a Notary Public for and in _____
day of __________________, 2021 personally appeared the following, exhibiting to me their competent proof of
identification: 

NAME  LICENSE DATE & PLACED 

#/PASSPORT#/ID#  ISSUED 

NINO F. OLSEM 010 – 511- 757 -000 LIPA CITY, BATANGAS

     
                  

 Please filll Up Above.

All known to me and to me known to be the same persons who executed the foregoing HAULING CONTRACT
which they acknowledge to me their free and voluntary act and deed, consisting of (9) page/s, including this
page on which this acknowledgement is written, has been signed on each and every page thereof by the
concerned parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Doc No. _______ ; 
Page No._______;
Book No._______;
Series of 2021.