Professional Documents
Culture Documents
Agreement Between
This Agreement, made and entered effective as of the 19th day of February 2018 by and between Power Steel
Specialist Trading Corp. (hereinafter “Awardee/Shipper”), with headquarters at 1714 Maria Clara Street Sampaloc
Manila and Barlines (hereinafter “Carrier/ Transporter”), with headquarters at Taguig Metro Manila, supersedes
any previous agreements between the parties unless otherwise stated herein.
Awardee hereby appoints Transporter, represented by Mr. Fei, as agent for the transportation of steel
commodities.
A. Responsibilities of Transporter
1. OPERATING AUTHORITY
Carrier/Transporter represents and warrants that it currently has in effect the appropriate operating
authorities, if any be required, from the appropriate regulatory agencies to furnish services hereunder as
a contract carrier, and Carrier/Transporter agrees to maintain such operating authorities, where required,
in effect during the term of this Agreement.
2. Transportation of Commodities
a. Provide trucks as per Awardee’s request to transport steel commodities from the Awardee
Warehouses.
b. Provide roadworthy vehicles in very good condition and well maintained for transportation of
commodities. Awardee has the right to reject any vehicle it considers unsuitable for loading for the
journey involved.
c. The Transporter commits to deliver the steel commodities to the destination on the agreed period
as loading at the origin warehouse. Awardee’s permission will be sought where delivery date is
not feasible.
d. The Transporter will supply own materials and supplies (truck, fuel, driver, and upkeep) that will
be necessary to perform the service under this agreement.
e. The Transporter undertakes to perform the service with the highest standard of professional
ethical competency and integrity.
5. 7. INDEPENDENT CONTRACTOR
Carrier/Transporter shall perform all services hereunder as an independent contractor.
6. Insurance/Injuries
a. The Carrier/Transporter will ensure that the trucks are fully insured to the value of the vehicles
and cargo against normal risks (fire, theft, and third-party liability) at his own expense, and no
liability will attach to Awardee in this respect.
b. The Carrier/Transporter will ensure that any lost and damages to the commodities will be on their
expenses.
7. Confidentiality
a. The Carrier/Transporter agrees to not discuss its performance of services under this Agreement, with
any third party without Awardee’s written consent. The Carrier/Transporter agrees to hold in
confidence for the benefit of Awardee any confidential information that may be disclosed to the
Transporter, or to which the Carrier/Transporter may have access as a result of this Agreement,
including the results of the Carrier’s/Transporter’s services hereunder.
8. B. Responsibility of Awardee
a. Payment to Carrier/Transporter
b. Awardee will pay the Transporter for transportation of commodities at the rate(s) indicated below:
i. Amount:
c. Awardee does not make any advance payments. Full payments will be made upon presentation of
signed/stamped yellow copy of Awardee Delivery Receipts/Invoice with any adjustments due to losses
deducted at the time. This payment will be made within 30 (thirty) working days after receipt of the
original invoice and signed delivery receipt.
d. INDEMNIFICATION Carrier/Transporter shall indemnify and hold harmless Awardee/Shipper from and
against all loss, damage, fines, expense, actions and claims for injury to persons, including injury
resulting in death, and damage to property where such loss, damage or injury is proximately caused
by acts or omissions of Carrier/Transporter, its agents or employees, and arising out of or in connection
with the discharge of duties and responsibilities of Carrier/Transporter as specified in this Agreement,
unless such injury or damage is caused or contributed to by the negligence of Shipper, its agents or
employees, or is beyond the control of Carrier. Awardee/Shipper shall indemnify and hold harmless
Carrier from and against all loss, damage, fines, expense, actions and claims for injury to persons,
including injury resulting in death, and damage to property, including Equipment of Carrier, where such
loss, damage or injury is proximately caused by acts or omissions of Shipper, its agents or employees,
or the inherent vice or nature of the property tendered to Carrier/Transporter for transportation
hereunder.
9. General Provisions
1. Any losses during transportation from point of loading to the final destination will be deducted against
the transport invoice. Transport charges will not be paid for commodities lost/damaged.
3. The Carrier/Transporter agrees not to transport Awardee steel commodities with any other
commodities.
4. The Carrier/Transporter agrees to properly cover the trucks carrying the commodities with good,
strong tarpaulins and to make sure the tarpaulins are properly secured using strong rope.
10. ASSIGNMENT This Agreement shall not be assigned, in whole or in part, by either party without the prior
written consent of the other.
11. SEVERABILITY If any part, term or provision of this Agreement is declared unlawful or unenforceable, by judicial
determination or performance, the remainder of this Agreement shall remain in full force and affect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement by their authorized representatives
below: