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CONTRACT FOR HAULING SERVICES

This Contract for Hauling Services (the “Contract”) is made and entered into this
___________________ at Mandaluyong City, by and between:

EAGLE CEMENT CORPORATION, a corporation duly organized and


existing under and by virtue of the laws of the Republic of the Philippines, with
principal office at 153 EDSA, Barangay Wack-Wack, Mandaluyong City,
represented herein by its President and Chief Executive Officer, JOHN PAUL
L. ANG, and its Chief Operating Officer and General Manager, MANNY C.
TENG, hereinafter referred to as the “COMPANY”;

- and -

___________________________________, a corporation duly organized and


existing under Philippine laws, with principal address at
______________________________________ represented herein by its
___________________, ____________________, hereinafter referred to as the
“CONTRACTOR”.

Each is also referred to as a Party and collectively as the Parties.

WITNESSETH: That---

WHEREAS, the COMPANY is in need of hauling and delivery services for the transport
of various cement products (“PRODUCTS”) from its plant in Barangay Akle, San Ildefonso,
Bulacan, to its warehouses, customers, and other designated loading/unloading points within
_______________________ and other nearby provinces/cities/municipalities/towns;

WHEREAS, the CONTRACTOR has represented to the COMPANY that it is a duly


registered and licensed entity engaged in the business of providing hauling/delivery services,
and possesses substantial capital, expertise, investment, manpower and facilities to perform the
said services;

WHEREAS, on the basis of such representations, the COMPANY has agreed to engage
the services of the CONTRACTOR, subject to the terms and conditions as hereinafter set forth;

NOW, THEREFORE, for and in consideration of the foregoing premises, the Parties have
agreed and do hereby agree, as follows:

1. DESCRIPTION OF SERVICES

The scope of work required of the CONTRACTOR under this Contract shall include, but is not
limited to, the hauling, transport and delivery of the PRODUCTS, in such quantities and on such
date and time as specified by the COMPANY, from its plant, warehouses, or any other loading
points, to its designated customers or other delivery destinations within Metro Manila and other
provinces, cities, municipalities, and towns (the “SERVICES”).

2. COVENANTS OF THE COMPANY

2.1 The COMPANY shall notify the CONTRACTOR whenever the latter’s services are
required in any practicable form of notification.
2.2 The COMPANY shall ensure the availability of valid Sales Orders for immediate
PRODUCT loading and truck dispatch, and ensure immediate PRODUCT discharge at the
delivery destinations.

ECC Contract for Hauling Services 2018


2.3 The COMPANY shall pay the CONTRACTOR the billing amount duly agreed under the
Service Fee calculations. Should there be issues on the billing statements, the COMPANY shall
inform the CONTRACTOR within ten (10) days from receipt thereof.

2.4 The COMPANY shall load PRODUCTS on the CONTRACTOR’s hauling units at
maximum net weight of 52 tons for trailer trucks and 24 tons for cargo trucks, unless otherwise
restricted by national or local rules and regulations.
2.5 The COMPANY reserves the right to renew or pre-terminate this Contract with or without
cause, after serving a fifteen (15)- day written notice to the CONTRACTOR prior to the intended
date of termination.
2.6 The COMPANY undertakes no responsibility in respect of any life, health, accident,
travel, and other insurance, which may be necessary or desirable for the drivers, helpers,
employees or personnel of the CONTRACTOR, nor for any member of the family of such persons.
2.7 Without prejudice to its other remedies under this Contract and the law, the COMPANY
shall have the right to terminate this Contract for any violation by the CONRACTOR of the
COMPANY’s policies, plant rules, regulations and guidelines, and the provisions of this Contract,
its Annexes and addenda.

3. COVENANTS OF THE CONTRACTOR

3.1 The CONTRACTOR shall provide the agreed hauling truck units as listed in Annex “B”
hereof, and be responsible for the selection of licensed, qualified and disciplined truck drivers
and helpers.
3.1.1 The CONTRACTOR shall ensure that all hauling units and equipment supplement
are in good operating condition and comply with the provisions of the Clean Air Act.
3.1.2 The CONTRACTOR shall solicit and ensure the acknowledgment and acceptance
of the delivered PRODUCTS by the duly authorized representative/s of the receiving
customers/warehouses, with the signature and legibly written name of the said
representative/s or with the official received stamp of the receiving party on the Delivery
Receipts (“DR”).
3.1.3 The CONTRACTOR shall immediately submit to the COMPANY the copies of the
duly confirmed and signed/stamped DR, as proof of delivery completion.
3.1.4 The CONTRACTOR shall ensure that its employees will not work beyond the
mandated man-hours under labor laws and/or regulations.
3.1.5 The CONTRACTOR shall ensure that its truck drivers, helpers and representatives
shall comply with all instructions, requirements and guidelines issued by the COMPANY
or its representatives in connection with the implementation of this Contract. The
CONTRACTOR shall likewise be responsible for the conduct, behavior, omissions,
inaction or negligence of any of its employees or agents, especially while they are in the
COMPANY’s premises, warehouses and designated delivery sites.
3.1.6 The CONTRACTOR shall likewise ensure that all its truck drivers, helpers and
representatives assigned to the COMPANY in connection with this Contract shall be
thoroughly briefed on the provisions and requirements of this Contract.
3.2 In addition to the foregoing obligations and for the effective performance of the
SERVICES, the CONTRACTOR shall fully and faithfully comply or should have complied with
the following requirements and guidelines:
3.2.1 The COMPANY’s Hauling Vendor Accreditation Process as provided in Annex
“C” hereof, prior to the signing of this Contract.
3.2.2 The COMPANY’s Product Delivery Operational Guidelines attached as Annex
“D” hereof; and
3.2.3 The COMPANY’s policies and all relevant laws, regulations and orders.

ECC Contract for Hauling Services 2018


3.3 It is understood that the acts and omissions of the CONTRACTOR’s drivers and helpers
and/or any of its representatives shall be deemed as the acts or omissions of, and binding on, the
CONTRACTOR, and the CONTRACTOR shall be solely liable therefor and hereby renders the
COMPANY free and harmless from any and all damages, death, injury, claims and actions that
may arise from such acts and omissions.
3.4 The CONTRACTOR shall be solely responsible for the preservation of the PRODUCTS’
quality, loss of PRODUCTS, and/or short deliveries due to its fault or negligence. Any amount
payable by the CONTRACTOR to the COMPANY shall be immediately deducted from the next
payment by the COMPANY to the CONTRACTOR.
3.5 The CONTRACTOR is an independent Contractor and not an employee, agent or partner
of the COMPANY, maintaining complete control and supervision over all its drivers, laborers,
hired men, representatives and subcontractor. All persons employed or hired by the
CONTRACTOR in connection with this Contract are employees of the CONTRACTOR and shall
not be considered employees of the COMPANY, and nothing contained in this Contract or any
subcontract of the CONTRACTOR, if any, shall create any contractual relationship between any
subcontractor and the COMPANY.
3.6 The CONTRACTOR shall submit to the COMPANY, simultaneous with the execution of
this Contract, to guarantee the prompt and faithful performance of its obligations under this
Contract and to guarantee payment of penalties, liquidated damages, and any and all liabilities
that may be incurred by the COMPANY due to violation/s of the CONTRACTOR of any
provision of this Contract, the following bonds and /or insurances issued by a reputable
insurance company and in such a form acceptable to the COMPANY:
3.6.1 Surety Bond in the amount of ONE MILLION PESOS (Php1,000,000.00).
3.7 The CONTRACTOR shall for its own account, pay all taxes, fees and other charges
imposed by the government or its branches or agencies in connection with the performance of its
services for the COMPANY.

4. SERVICE FEE

4.1 For and in consideration of the satisfactory and complete performance of the SERVICES
to be rendered by the CONTRACTOR under this Contract as determined by the COMPANY, the
COMPANY shall pay to the CONTRACTOR a service fee based on the applicable trucking rates
provided for in Annex “A” of this Contract.
4.2 Computation
4.2.1 The service fee shall be calculated as follows:
Service Fee = FEBU x Applicable Trucking Rate in P/Bag (VAT-Inclusive)
Where: FEBU is the number of Forty (40) Kg. Equivalent Bag Unit
4.3 The unloading of PRODUCTS at the delivery points, including the stockpiling of
PRODUCTS at customers’ storage bins/racks shall be the responsibility of the CONTRACTOR.
It is understood that the service fee abovementioned shall be inclusive of handling fee that the
CONTRACTOR may/will incur at the designated discharge/delivery points. The toll fees are
likewise included in the applicable hauling fee.
4.4 The Schedule of Hauling Rates as detailed in Annex “A” may be subject to adjustment by
mutual agreement of the Parties.
4.5 The COMPANY shall be authorized to deduct from the Service Fee any such amount that
may be due from the CONTRACTOR under the Lease-to-Own Agreement (“Lease Agreement”)
or under any contract between the same parties, if any, and apply said amount as deducted to the
payment of the unpaid rent under the lease agreement.
4.6 The COMPANY shall likewise be authorized to deduct and/or charge the
CONTRACTOR in full for any unauthorized diversion during the trip.

5. INVOICING AND TERMS OF PAYMENT

ECC Contract for Hauling Services 2018


5.1 For purposes of weekly payment of services rendered, the CONTRACTOR shall submit
to FINANCE DEPARTMENT of the COMPANY its billing statement on a weekly basis. Payment
of weekly billings shall be made within fifteen (15) working days from receipt thereof by
FINANCE DEPARTMENT of the COMPANY at its Head Office with the corresponding duly
authenticated truck way bills and the COMPANY’s DRs attached thereto and verified by the
COMPANY’s representatives; provided, however, that the CONTRACTOR shall have submitted
to the COMPANY the confirmation copies of DRs which bear customers’ or authorized
representatives’ acknowledgement/signature as provided in Sections 3.1.2 and 3.1.3, within two
(2) working days from the issue date of the DR.
5.2 Net Due Account
5.2.1 For purposes of this provision, “Net Due Account” is defined as the total billing
amount less the COMPANY’s claim against the CONTRACTOR for damages, losses
and/or liabilities as provided in Article 6 and unpaid rent if any under Article 4.5 and 4.6
of this Contract.

6. PRODUCT RESPONSIBILITY AND CLAIMS


6.1 Duration of PRODUCT Responsibility
6.1.1 Responsibility of the CONTRACTOR over the PRODUCTS shall commence upon
its actual receipt thereof and shall cease after complete unloading at the designated point
of delivery and the acknowledgement/signing of the delivery documents by the duly
authorized representative/s of the recipient/s. The PRODUCTS shall be considered to
have been loaded, hauled and delivered in good condition unless otherwise noted upon
receipt thereof in the delivery documents.
6.1.2 The CONTRACTOR shall be solely liable for the loss, destruction or damage of the
PRODUCTS, including, but not limited to, acts of thieves and robbers. Any loss of or
damage to the PRODUCTS must be reported in writing by the CONTRACTOR to the
COMPANY within twenty-four (24) hours from its occurrence.
6.1.3 The liability of the CONTRACTOR for loss and damage shall be based on the
commercial invoice value of the PRODUCTS and on whatever expense the COMPANY
may incur in connection with the same.
6.1.4 The CONTRACTOR undertakes to indemnify the COMPANY and/or to hold the
COMPANY free and harmless from any and all claims of third parties and/or PRODUCT
owners arising from the CONTRACTOR’s performance or non-performance of its
obligations under this Contract.
6.2 Unsigned Delivery Receipt
6.2.1 The CONTRACTOR shall exercise extraordinary diligence in the handling,
securing, transport and delivery of the PRODUCTS to the designated
consignee/customer and in having the required delivery documents signed by the latter.
The consignee/customer shall be required to affix his/her signature over his/her printed
name, with the corresponding date and time of delivery on all copies of delivery
documents. The CONTRACTOR shall be liable for delivered PRODUCTS with delivery
documents not signed by the consignee/customer and being disclaimed to have been
received. Such liability of the CONTRACTOR shall be based on the commercial invoice
value of the PRODUCTS plus whatever expenses the COMPANY may incur in connection
thereto. Delivery documents not signed by the consignee/customer shall not be accepted.
6.3 Filing of Claims
6.3.1 All claims by the COMPANY against the CONTRACTOR due to any damage or
loss of PRODUCTS pursuant to Article 6 hereof shall be filed within thirty (30) days from
the time the COMPANY received the notice of loss or damage. For the purpose of this
Contract, the COMPANY is considered to have filed a claim against the CONTRACTOR
if any or all of the following events occur, to wit:

ECC Contract for Hauling Services 2018


6.3.1.1 The CONTRACTOR fails to remit the Delivery Receipt confirmation copies
to the COMPANY personnel issuing the same within the period prescribed in the
Operational Guidelines attached as Annex “D” hereof;
6.3.1.2 Notice of injury, loss or damage has been issued and sent by the
COMPANY to the CONTRACTOR;
6.3.1.3 Provisional Claims by the COMPANY have been forwarded to the
CONTRACTOR; and/or
6.3.1.4 Formal Claims of the COMPANY have been forwarded to the
CONTRACTOR.
6.4 Payment of Claims
6.4.1 Without prejudice to the COMPANY’s right to indemnity, all claims must be filed
and resolved separately and shall not be deducted from the CONTRACTOR’s billings to
the COMPANY. However, in case the CONTRACTOR fails to indemnify the COMPANY
for damages/losses within fifteen (15) days from receipt of the COMPANY’s claim, the
COMPANY shall have the right to deduct the amount of said claim from any service
payment due the CONTRACTOR. Furthermore, in case of claims over One Hundred
Thousand Pesos (Php100,000.00) per incident, the COMPANY has the option to collect
from the freight billings of the CONTRACTOR at a rate equivalent to forty (40%) percent
until full payment of the claims without need of prior notice to the latter.

6.5 Despite anything to the contrary in this Contract and without affecting other limitation or
exclusion clauses, to the extent permissible by law, the total aggregate liability of the COMPANY,
its employees, agents and subcontractors, under or in connection with this Agreement howsoever
arising including, without limitation, a liability arising by breach of contract, at law or under an
indemnity, shall be limited to the fee payable under this Contract.

6.6 Notwithstanding anything contrary under this Contract, the COMPANY shall not be
liable to any party for any indirect, special or consequential loss or damage whatsoever (including
but not limited to lost profits or interruption of business) arising out of or in connection with this
Contract, whether or not the possibility of such loss or damage was known or foreseeable.

7. TAXES

7.1 The creditable withholding taxes due on the Contract Price shall be for the account of the
CONTRACTOR. The COMPANY shall withhold the appropriate amounts for the payment of
said taxes and remit the same directly to the Bureau of Internal Revenue in accordance with
pertinent revenue regulations. The principal shall issue the creditable withholding tax certificate
for the amount withheld.

7.2 The CONTRACTOR shall submit to the PRINCIPAL proof of prompt payment of the
value-added taxes on a quarterly basis or as may be required by the COMPANY.

8. OTHER CONDITIONS

8.1 Without prejudice to the other provisions of this Contract, the delay, failure or refusal of
the CONTRACTOR to perform the services and/or to comply with any of the terms and
conditions herein, and in the Annexes attached hereto, shall entitle the COMPANY to rescind,
cancel or suspend this Contract and/or avail of such other remedies as provided by this Contract
and/or the law.

8.2 The CONTRACTOR warrants that it has not given nor promised to give any sum of
money, gift or any material favor or consideration to any official or employee of the COMPANY
for the purpose of winning the award of this Contract. Violation of this warranty shall be a
sufficient ground for the COMPANY to revoke or terminate the Contract.

ECC Contract for Hauling Services 2018


8.3 The CONTRACTOR’s aforesaid obligation to indemnify the COMPANY under Section
6.3 shall not be applicable in case of losses or damages due to Force Majeure which shall be limited
to the following: Acts of God, Wars, Fires (except when such fires emanate from the truck, its
engine or body), floods, strikes, riots, lock-outs and civil disobedience.

8.4 The headings of provisions, sections, and paragraphs in this Contract are to facilitate
reference only and shall not in any way affect the interpretation hereof.

8.5 This Contract, together with all Annexes attached hereto, contains the entire contract and
understanding between the COMPANY and the CONTRACTOR as to the subject matter of this
Contract, and merges and supersedes all prior agreements and representations with respect to
the subject matter of this Contract. From time to time the Parties hereto, by issuing memoranda
duly signed and acknowledged by both Parties, may agree to implement and integrate into this
Contract amendments supplementing or clarifying provisions of this Contract.

8.6 This Contract is non-exclusive and shall not, in any manner, preclude the COMPANY
from entering into similar agreements with other parties for the same purpose.

8.7 Neither this Contract nor any rights or obligations hereunder may be assigned, delegated
or subcontracted or otherwise transferred by the CONTRACTOR without the prior written
consent of the COMPANY.

8.8 All rights, powers, privileges and remedies of the COMPANY under this Contract shall
remain cumulative and may be exercised singly or concurrently and are not exclusive of any
rights or remedies permitted by law. No failure to exercise or delay in exercising on the part of
the COMPANY of any right, power or privilege hereunder shall operate as a waiver thereof, nor
shall any single or partial exercise of any right, power, privilege hereunder preclude any other or
further exercise thereof or the exercise of any other right, power or privilege. No modification or
waiver of any of the terms, conditions and provisions hereof shall be implied from any course of
dealing or subsequent act or conduct hereunder. No waiver of any provisions of this Contract
may be validly made except in writing.

8.9 This Contract is binding upon the respective permitted assigns and successors-in-interest
of the Parties hereto.

8.10 If any provision of this Contract or the application thereof to any situation or circumstance
shall be declared invalid or unenforceable by any competent government agency or court, the
remainder of this Contract shall not be affected, and each remaining provision shall be valid and
enforceable to the fullest extent. In the event of such partial invalidity, the Parties shall seek in
good faith to agree on replacing any such invalid or unenforceable provision with a valid or
enforceable provision as closely aligned with the original intent of the Parties as possible.

8.11 In the course of the performance of its obligations under this Contract, the
CONTRACTOR may be supplied by the COMPANY with confidential information regarding the
business of the COMPANY, its subsidiaries or affiliates. In such event, the CONTRACTOR shall
not disclose to anyone or use, except as expressly authorized by the COMPANY in writing, any
such confidential information supplied to the CONTRACTOR for the performance of its services
hereunder. The CONTRACTOR shall be bound by this obligation until such time as said
confidential information shall lawfully become part of the public domain. In addition,
information regarding any aspect of the COMPANY’s business, howsoever acquired by the
CONTRACTOR, its personnel, employees, agent or subcontractors in the performance of the
services specified in this Contract, shall be confidential except to the extent that the same has been
published or otherwise made freely available to the general public by the COMPANY without
any restriction.

8.12 This Contract shall be governed by, and construed in accordance with the laws of the
Republic of the Philippines.

ECC Contract for Hauling Services 2018


8.13 The Parties to this Contract hereby agree that all suits which may at any time arise
between the Parties hereto in connection with or relating to this Contract or the subject matter
hereof, including questions of interpretation and construction, shall be referred to and settled in
the proper courts of Mandaluyong City, to the exclusion of all other courts.

8.14 This Contract shall become effective on 01 April 2018 and shall be in full force until 31
March 2019, and subject to renewal and/or termination as provided in Section 7.1 of this
Contract. This Contract shall be deemed renewed under the same terms if no new contract is
signed by the parties upon its expiry.

8.15 Occupational Health and Safety (OH & S)

CONTRACTOR represents, warrants, and agrees with the COMPANY that:

8.15.1 It is the policy of the COMPANY to secure the health and safety of all personnel
(its own and those of its Suppliers) as well as the integrity and reliability of all its property
and equipment. Hence, the CONTRACTOR also recognizes its responsibility and
accountability for the protection of all employees and preservation of the COMPANY’s
property and equipment.

8.15.2 To comply with this policy, the CONTRACTOR will employ qualified personnel
and incorporate safeguards, rules and procedures which will minimize the risk of any
personal injury to the COMPANY’s people and loss of or damage to the latter’s property
and equipment during the performance of the SERVICES.

8.15.3 The CONTRACTOR’s personnel must comply with the COMPANY’s established
OH & S rules, practices and procedures, use OH & S equipment, tools and devices that
are required/ provided, and conduct themselves in a way which ensures their health and
safety, their fellow employees and/or any other third party.

8.15.4 The CONTRACTOR’s personnel are responsible for providing and maintaining a
safe and healthy workplace where all hazards, unsafe acts and/or conditions are
identified and analyzed before being controlled or eliminated. The CONTRACTOR must
document this in a (mandatory) health and safety program.

8.15.5 When at plant premises, the CONTRACTOR’s personnel should conduct


themselves in accordance with the COMPANY’s OH & S standards, including having a
proper OH & S plan for all stages of the work or service process.

8.15.6 The CONTRACTOR represents and warrants to the COMPANY that it has
accident/workers compensation insurance, as well as liability cover.

8.15.7 The COMPANY is entitled at its discretion, to inspect compliance of the


CONTRACTOR with Section 7 hereof.

8.15.8 Non-compliance with the stipulations under Section 7 hereof is a serious breach of
this Contract and may result in the immediate termination of the Contract. Any direct or
consequential damage resulting out of non-compliance with Section 7 hereof shall be the
full liability of the CONTRACTOR.

8.15.9 In the event that the CONTRACTOR cannot comply with the agreed OH & S
stipulations, the COMPANY has the option to suspend for at least one (1) month the
services of the CONTRACTOR and to hire the services of other service providers, without
prejudice to its right to terminate the Contract. Non-compliance of the CONTRACTOR
with any of the provisions of this Contract resulting in accident, or injury to persons, or

ECC Contract for Hauling Services 2018


loss or damage to property, shall be for the account of the CONTRACTOR and will result
in the automatic cancellation of this Contract.

IN WITNESS WHEREOF, the Parties hereto hereby affix their signatures on the date and
place first written above.

EAGLE CEMENT CORPORATION ________________________


By: By:

JOHN PAUL L. ANG ___________________________


President and Chief Executive Officer Owner/Proprietor

MANNY C. TENG
Chief Operating Officer and General Manager

Signed in the presence of:

_________________________ _________________________

ECC Contract for Hauling Services 2018


ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF ___________________) S.S.

BEFORE ME, a Notary Public for and in the City of ___________________ this ____ day of
_____________________ 2018, personally appeared the following:

Name Competent Evidence of Identity Date/Place Issued

John Paul L. Ang Passport No. EC 4421950 17 Jun 2015/Manila


Manny C. Teng Passport No. EC 3654556 12 Mar 2015/NCR East
______________ _______________________ _____________________

known to me to be the same persons who executed the foregoing instrument and acknowledged
to me the same is their free and voluntary act and deed and those of the corporations they
represent.

This instrument refers to a Contract for Hauling Services consisting of nine (9) pages
including this page wherein this acknowledgment is written but excluding the annexes.

WITNESS MY HAND AND SEAL on the date and place mentioned above.

NOTARY PUBLIC

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2018.

ECC Contract for Hauling Services 2018


EAGLE CEMENT CORPORATION
LIST OF ACCREDITED HAULING UNITS
ANNEX – B
Hauler’s Company Name: _________________________________________

Conduction Sticker Make / Type


Description
Plate No. (Brand / Trailer /
(Color / flat bed / w-sidings)
Tractor / Cargo)

Total Units (Trailer/Tractor counted as one unit): ___________________________

Prepared By:
(Owner / Hauler’s Representative)

ECC Contract for Hauling Services 2018


ANNEX – C
EAGLE CEMENT CORPORATION
HAULING VENDOR ACCREDITATION PROCEDURE

1. Prospective CONTRACTOR submits a formal letter of intent signifying its interest to provide
the hauling services required by the COMPANY to the concerned Logistics Manager or
Logistics Officer.
1.1. OIC Logistics Manager - Mr. Edgardo O. Jaurigue
1.2. Logistics Officer - Mr. Javier Y. Tapang

2. Prospective CONTRACTOR submits list of trucks with the corresponding description such
as:
2.1. Make / Model
2.2. Motor Number
2.3. Serial and Chassis Number
2.4. Gross Weight
2.5. Plate Number/s (Tractors and Trailers)

3. The Logistics Manager shall subject the units covered by the aforementioned list to the JOINT
acceptance of the Parties after actual inspection and certification of the units as to their
condition by any of the following Logistics and Plant personnel:
3.1. Logistics Manager
3.2. Logistics Officer
3.3. Plant Safety Officer

4. The basis for certifying the units for approval are:


4.1. Physical and mechanical condition of the units.
4.2. Capacity of the units to carry the COMPANY’s PRODUCTS to suit the following
truck units:
4.2.1. Trailer / Prime Mover 40 MT and/or 1000 bags @ 40Kg/bag
4.2.2. Ten Wheeler 24 MT and/or 600 bags @ 40Kg/bag
The respective indicated capacities may be increased during actual loading
operations subject to concurrence of the assigned driver.
4.3. Safety loading platform and body built must be made of steel materials and
provided with operational rest stand or landing gear.
4.4. Truck bed must be made of steel with no holes, openings and markings. A flatbed
platform with movable sidings or steel stake to protect the PRODUCTS from falling
and maintain the roadworthiness of the unit when loaded, is preferred.
4.5. Turn signal lights, tail and stop lights, head lights, hazards, horns and other traffic
and truck safety features and accessories must be operational at all times.
4.6. All hauling truck units must be of left-hand drive.
4.7. Certified and with clearance from anti-smoke belching agency/division of
LTO/MMDA or any other authorized government agency.
4.8. CONTRACTOR with truck ban exemption certificate from MMDA and other
government agency in the area of operations is a plus factor.
5. CONTRACTOR shall submit copies of its company’s licenses and permits such as but not
limited to the following:

ECC Contract for Hauling Services 2018


5.1. SEC Registration Certificate, if registered as a corporation
5.2. Articles of Incorporation and By-Laws
5.3. DTI Business Registration Certificate
5.4. LTO or BOT Franchise Registration/Certificate
5.5. Permit to Operate (PTO) with Philippine Ports Authority (or to be secured as maybe
required during actual hauling performance)
5.6. Audited financial statements for the past three (3) years.
5.7. Company profile, including table of organization indicating the complete names of
incumbent personnel occupying key positions.

6. CONTRACTOR shall submit copies of the latest LTO registration certificates and the
corresponding official receipts for each unit as proof of ownership and whenever renewal
thereafter is made. In the absence of such documents, a Deed of Sale will suffice.
7. CONTRACTOR’s assigned drivers, helpers or representatives must be in proper working
attire/uniform, provided by the CONTRACTOR, when rendering services for the
COMPANY. For easy identification, drivers/helpers must wear at all times their individual
company identification cards inside the COMPANY’s Plant premises. As a safety
requirement, each driver and helper must also wear adequate protective gear such as; hard-
hat, safety shoes, reflectorized safety vest, and hand gloves during loading/discharging of
PRODUCTS. A truck driver/helper in sando or sleeveless shirts, shorts and on slippers shall
not be allowed inside the Plant.
8. For the duration of the Contract, each unit assigned to the COMPANY shall be equipped
with the following:
8.1. One (1) type ABC fire extinguisher
8.2. First Aid kit
8.3. Tarpaulin of sufficient area to cover the whole PRODUCTS and truck bed and free
from tears/holes
8.4. Sufficient lashing material/equipment such as rope of adequate length and other
protective stowing equipment
8.5. Wooden skids/planks whenever necessary and rubber pads, etc.
8.6. Whistle for spotter or helper
8.7. Early warning device
8.8. The hauling truck units must be well maintained, tidy and clean at all times
8.9. Trailers are equipped/provided with operational rest stand or landing gear.
8.10. For the duration of the CONTRACT, CONTRACTOR shall submit the renewed
LTO licenses of its drivers and/or truck registration (Certificate of Registration
and Official Receipts) papers, which may have expired during the Contract
effectivity period.
9. In case the CONTRACTOR has to pull-out a number of its accredited units for repair or for
any reason whatsoever, a written notice shall be furnished to the COMPANY at least three
(3) days prior to the pull-out. In case such unit will be out of commission for more than
fifteen (15) days, the CONTRACTOR should provide an equal number of replacement units
to maintain the required minimum number of units.

ECC Contract for Hauling Services 2018


ANNEX – D
EAGLE CEMENT CORPORATION
PRODUCT DELIVERY OPERATIONAL GUIDELINES

1. Assignment and Deployment of Truck Hauling Units


CONTRACTOR shall deploy the units committed by it in any and all operations that the
COMPANY has assigned to its group. The COMPANY reserves the right to terminate this
Contract by virtue of non-compliance by CONTRACTOR with this requirement.
2. Pre-Loading Inspection
2.1 Incoming trucks should proceed to the truck marshalling area and safely parked
thereat.
2.2 After the truck is properly and safely parked at the designated marshalling yard, the
driver must report to the security guard on duty and submit his unit’s plate or body
number with his name and the name of the hauling company.
2.3 The security guard on duty logs the plate number and the driver’s name and that of his
hauling company and submits the same in batch to the Logistics Office for further
verification.
2.4 Upon issuance by the COMPANY’s Logistics Office of the delivery schedule, the driver
should return to the driver’s lounge and there await for their number to be called.
2.5 Once their number is called, the driver should immediately acknowledge by
immediately proceeding to the truck weigh bridge/scale and submit the unit for TARE
weighing.
2.6 Thereafter, the driver should proceed and bring his unit at the assigned loading
bay/area, which is properly and conspicuously indicated in the AW.
2.7 The following are strictly inspected prior to loading of PRODUCTS:
2.7.1.1 The truck should be equipped with protective accessories such as tarpaulins,
lashing materials and ropes. The truck should be dry, must be free of debris,
water puddles or obstructions.
2.7.1.2 No driver/helper should be under the influence of drugs or alcohol. The
COMPANY representatives have the right to reject any or all the trucks if a
driver/helper is found not capable of ensuring the safe operation of the
trucking service.
3. Pre-Loading
3.1 COMPANY traffic rules and regulations are to be followed inside the COMPANY Plant
premises. The speed limit inside the Plant facilities is 20 KPH.
3.2 Trucks should be parked in an orderly manner, according to the loading sequence, and
only at the designated loading bays/areas.
3.3 Trucks with sufficient fuel and other necessary provisions and registered with the
shipping office should be ready to load the COMPANY’s PRODUCTS. Drivers/helpers
are likewise expected to have eaten, rested and attended to their personal needs/affairs
prior to loading.
3.4 The loading sequence/schedule shall be strictly followed. Failure of truck drivers to
maneuver to the loading bay/area after three (3) calls by the COMPANY’s representative
or security personnel assigned to check their availability, will be bypassed by the next
scheduled truck. A maximum of three (3) bypasses will be allowed per truck after which
the queue or load turn- number shall be cancelled and replaced with a new one.

ECC Contract for Hauling Services 2018


4. Loading
Once dispatched for loading, the following trucking personnel is to perform their respective
functions:
4.1 Truck Drivers
4.1.1 Exercise care and alertness during the loading operation.
4.1.2 Submit the Sales Order (SO) form to the Packhouse Tender.
4.1.3 Accept the cargo assigned to his truck and likewise follow official instructions
deemed necessary by the COMPANY’s representative. Ensure
correctness/exactness of piece/bag count as appearing in the final documents
presented to him for acknowledgement as the same would be used as reference
or basis when delivery is conducted to the customers or to any designated
delivery point.
4.1.4 Safely maneuver the truck to its proper loading position. Once positioned,
prepare the truck for loading by assisting in the arrangement of PRODUCTS
stowage and by adjusting the truck position from time to time, which is inherent
to the COMPANY’s loading operation.
4.1.5 After the truck has been completely loaded, secure the SO duly acknowledged by
the Packhouse Tender, vacate the loading area/bay without delay and proceed
with the truck to the truck scale for gross out and submit SO to the Logistics Office
for the preparation of the Delivery Receipt (DR).
4.1.6 Upon receipt of the Delivery Receipt (DR), and any accompanying document
necessary, driver helpers must at all times handle the documents with utmost care
to maintain its authenticity and legibility. For this purpose, the CONTRACTOR
must have plastic envelopes in all its truck units.
4.2 Truck Helpers
4.2.1 Ensure the truck bed is free of debris, water puddles or any obstructions and that
the tarpaulin is dry.
4.2.2 Assist the driver in positioning and maneuvering the truck at the loading area.
4.2.3 Position ropes, tarpaulin, rubber pads and other accessories away from the loading
bed of the truck.
4.2.4 Assist driver, packhouse tender/operator in positioning of PRODUCTS aboard
the truck.
4.2.5 Install lashing equipment and tarpaulins. Loaded trucks shall not be allowed exit
if they are covered with tarpaulin. It is only when raining that trucks are allowed
to cover their PRODUCTS using the vacant loading bays at the packhouse area.
4.2.6 Only a trucker’s representative (driver or supervisor/dispatcher) can confirm on
the COMPANY’s DR that PRODUCTS loaded are of the correct type, quantity and
quality.
4.2.7 Inspect the proper installation of protective equipment such as lashing, tarpaulin,
covers and other required accessories to ensure the safe transport of PRODUCTS.
Brief the driver on the delivery point and the personnel authorized to receive the
PRODUCTS. Turn over to the driver three (3) copies of the DR for
acknowledgement by customer/receiving representative at the delivery point.
5. Deliveries
5.1 General Guidelines
Trucking personnel upon loading and dispatching of their trucks shall perform the
following:
5.1.1 Follow well-established and well-traveled routes unless the government
authorities rerouted traffic flows.

ECC Contract for Hauling Services 2018


5.1.2 Deliveries shall commence immediately and shall be continuous/non-stop
without making unnecessary stops en route to their respective destination(s).
Drivers should refrain from making stops for the purpose of any unofficial
business.
5.1.3 Truck drivers are allowed to stop their truck only in cases of emergency, accidents
and/or breakdowns and when a truck ban restricts its continuous travel to its
destination.
5.1.4 Unauthorized persons/passengers are not allowed to board any truck loaded with
the COMPANY’s PRODUCTS.
5.1.5 Trucks bound for the same delivery point and on the same delivery date should
travel in convoys.
5.1.6 PRODUCTS loaded on the trucks are to be delivered to their respective
destinations within the specified period from the time of dispatch, to wit:
24 Hours Deliveries within 100 Kilometer Distance
36 Hours Deliveries over 100 KM up to 200 KM
48 Hours Deliveries over 200 KM up to 300 KM
60 Hours Deliveries over 300KM
5.2 Breakdown / Emergencies / Calamities
In cases where a truck cannot complete the delivery due to a breakdown, calamity or
any unforeseeable event, the truck’s crew must take the necessary actions as follows:
5.2.1 Park the truck at a well-lighted, safe and accessible place.
5.2.2 Contact superiors and/or COMPANY representatives, through radio or
telephone; inform them of the situation and the exact location of the truck and
request for assistance and further instructions. Report the incident to the
COMPANY within twelve (12) hours after its occurrence.
5.2.3 Guard the trucks at all times while stationary and seek police assistance, if
possible.
5.2.4 Ensure the protective equipment (lashing, shoring and tarpaulins) are properly
maintained and installed. Return the PRODUCTS immediately to the Plant or to
the nearest COMPANY warehouse/storage facility, if/when necessary and
possible.
5.3 Delivery / Acceptance
5.3.1 Truck drivers shall ensure that DRs are properly acknowledged by the customer’s
authorized representative and marked “RECEIVED” with the customer’s official
stamp.
5.3.2 All DRs and Cycle Time at Customer’s Site forms duly acknowledged by the
customers shall be returned to the COMPANY’s Logistics Office within the
following specified period from the date of receipt of the PRODUCTS by
theCONTRACTOR:
36 Hours Deliveries within 100 Kilometer Distance
48 Hours Deliveries over 100 KM up to 200 KM
60 Hours Deliveries over 200 KM up to 300 KM
72 Hours Deliveries over 300KM

5.4 Customer Rejection


In case of customer rejection, the driver shall perform the following:
5.4.1 Inform superiors or the COMPANY’s Logistics Office of the customer’s rejection
of the delivery and request for any additional instruction, if possible.

ECC Contract for Hauling Services 2018


5.4.2 Request customer’s authorized representative to sign the DR copy and indicate,
“Delivery is rejected” along with the reason/s for its rejection. In case of partial
rejection, request the customer’s representative to specify the item
rejected/accepted and affix his signature thereat. Return rejected load to its point
of origin.
5.5 Customer’s Non-acceptance
In case wherein a customer cannot accept a delivery immediately due to unforeseeable
events such as strikes, or handling equipment breakdown, the driver shall perform the
following:
5.5.1 If non-acceptance is temporary, as in the case of breakdown of equipment, the
truck driver should ensure that the PRODUCTS are protected and safe, and if
possible request for temporary parking within the customer compound, for
security reasons.
5.5.2 If non-acceptance situation is long term, as in strikes, the truck driver shall follow
instructions under “Customer’s rejection” in Section 5.4.
5.6 Delivery Diversion
5.6.1 Customer Diversion
It is the COMPANY’s policy that the CONTRACTORS shall deliver the
PRODUCTS only to the delivery point/s indicated in the COMPANY DR.
However, customers can only divert deliveries to a different delivery point that
are within a 10-kilometer-radius. For diversions outside the 10-kilometer-radius,
the additional freight rate shall be mutually agreed upon by the customer, who
shall solely bear the cost, and the CONTRACTOR. Before any diversion is made,
the truck driver shall perform the following:
a. Inform COMPANY personnel (Logistics Office in the Plant) of requested
diversion.
b. In the event that diversion is eventually allowed by the COMPANY
representative/s, truck driver/helper must secure the complete name/s of the
person who issued the instruction for diversion and it must be written at the
back of the trucker’s copy of the Delivery Receipt for future reference.
c. Obtain written request from customer using customer’s official stationery and
duly signed by the customer’s representative. No diversion shall be allowed
and performed without any written instruction from the customer.
d. Shall not alter the delivery indicated in the Delivery Receipt (DR).
5.6.2 Diversion by CONTRACTOR
In no case shall the CONTRACTOR temporarily store COMPANY’s PRODUCTS
in its own warehouse or elsewhere for any reason.

ECC Contract for Hauling Services 2018