Está en la página 1de 6

CONTRACT FOR APPARELS PRODUCTION SERVICES

KNOW ALL MEN BY THESE PRESENTS:

This Contract is made and executed this 1 st day of March 2016 at Makati City by
and between:
GARINGAN, CACLIONG AND FRIENDS LTD CO. a partnership duly
organized and existing under and by virtue of the laws of the Philippines,
with office address at BCDA Commercial Complex, Pamayanang Diego
Silang, Taguig City, represented herein by its General Manager, DINAH
GARINGAN, hereinafter referred to as the "SUPPLIER";
- and TALA MANILA, a corporation duly organized and existing under and by
virtue of the laws of the Philippines, with office address at UNIT 3,
GROUND FLOOR, THREE SALCEDO PLACE, BAUTISTA STREET,
SALCEDO VILLAGE, MAKATI CITY, represented herein by its
PRESIDENT, MAVIS P. FUENTEBELLA, hereinafter referred to as the
PRINCIPAL".

WITNESSETH:
WHEREAS, the SUPPLIER, is engaged in the business and has the expertise of
producing different end product of textiles such as apparels and all other clothing of its
kind;
WHEREAS, the PRINCIPAL desires to engage the services offered by the
SUPPLIER;
WHEREAS, the SUPPLIER has agreed to render such services to the
PRINCIPAL; for a consideration and under the terms and conditions herein specified;
NOW, THEREFORE, for and in consideration of the above premises and of the
mutual covenants hereinafter set forth, the PRINCIPAL and SUPPLIER do hereby agree
as follows:

SECTION ONE SCOPE OF THE SERVICE

1.1 The SUPPLIER shall produce the orders in a timely manner, and quality agreed
uponby the parties.

SECTION TWO PLACE AND LOCATION


2.1
The SUPPLIER shall deliver to the PRINCIPAL the exact quantity before the on
or before the specified date of delivery.

SECTION THREE CONTRACT PRICE/MODE OF PAYMENT


3.1 In consideration of the services to be rendered by the SUPPLIER to the
PRINCIPAL, during the term of the Contract, the PRINCIPAL shall pay the SUPPLIER
the lump-sum according to the price agreed upon.

3.2 The PRINCIPAL shall pay the SUPPLIER within five (15) days from presentation of
billing by the latter.

SECTION FOUR SUPPLIER'S EMPLOYEES

4.1 In the fulfillment of its obligations to the PRINCIPAL, the SUPPLIER shall select and
hire its workers. The SUPPLIER alone shall be responsible for the payment of their
wages and other employment benefits in accordance with existing laws and regulations.
4.2 The SUPPLIER shall retain the right to control the manner and the means of
performing the work with the PRINCIPAL, having the control or direction only as to the
results to be accomplished.
4.4 It is understood that, for the above reasons, these workers shall be considered as
the employees of the SUPPLIER.

SECTION FIVE PRODUCT QUALITY

5.1

The SUPPLIER warrants the quality of the product they will produce.

5.2
The PRINCIPAL shall provide correct and complete specifications of the order
products, raw materials and accessories and shall be delivered on time taking
consideration of the deadline set forth in each and every job order the parties may
execute;

5.3
In the event that the raw materials and accessories shall be relied on to the
supplier, the SUPPLIER undertakes that all the raw materials and accessories they will
use in the production is beyond the quality standard required by the Philippine Standard
(PS).

SECTION SIX INTELLECTUAL PROPERTY RIGHTS


6.1
All the designs, sketches, ideas and art from the PRINCIPAL must be kept
confidential and the SUPPLIER must refrain from unauthorized reproduction of the
same.

6.2
Likewise, the designs, sketches, ideas and art are presumed owned by the
principal. The SUPPLIER is free from any suit against or arising from any intellectual
property rights violations.

SECTION SEVEN CANCELLATION AND/OR PERFORMANCE

7.1 It is mutually understood and agreed between the parties herein that should anyone
of the parties breach the terms of this Contract, the aggrieved party at its option shall
have the right to cancel this Contract immediately upon giving the other party notice in
writing, or to compel the other party to fulfill its obligations under this Contract and pay
all direct or indirect damages for the delay.

7.2 Further, any party may immediately cancel this Contract upon occurrence of any or
all of the following:
a. Dissolution or expiry of the juridical personality of any party.
b. Voluntary or judicial declaration of bankruptcy or insolvency of any party.
7.3 In the event of Pre-termination of this contract without any legal cause or causes
mentioned herein, the party who cause the termination shall be liable to liquidated
damages limited only to unrealized profit caused by the pre termination.
SECTION EIGHT DURATION OF THE CONTRACT

8.1 This Contract shall take effect for a period of 5 years commencing on July 1 2016
and ending on June 30, 2021.

8.2 This contract may be terminated by either party for any cause upon 90-day prior
written notice by one party to the other.

SECTION NINE MISCELLANEOUS

9.1 Any question or issue raised by the parties on this Contract shall be settled amicably
between them. Should amicable settlement is not possible, either party may resort to
court action.

9.2 This Contract, including its Annexes, contains the entire agreement between the
parties, and neither party has relied on any prior or contemporaneous representation,
either oral or written, that is not contained in this Contract.

9.3 This Contract cannot be deemed modified or amended unless such modification is
in writing and signed by the party against whom enforcement of such modification is
sought.

9.4 If any provision of this Contract is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.

9.5 No waiver by the PRINCIPAL, or failure by the PRINCIPAL to require strict


compliance by the SUPPLIER with any of the terms of this Contract, or other
forbearance or indulgence granted or shown to the SUPPLIER by the PRINCIPAL or
any practice between the SUPPLIER and the PRINCIPAL, shall release, discharge or in
any manner affect or prejudice the right of the PRINCIPAL at any subsequent time to
require strict and full compliance by the SUPPLIER with any or all of the provisions of
this Contract.

9.6 This Contract shall be binding upon the respective successors, executors,
administrators, representatives and assigns of the parties hereto. The SUPPLIER,

however, may not assign or subcontract this Contract or any portion of the jobs
specified herein without the prior written consent of the PRINCIPAL.

IN WITNESS WHEREOF, the parties have signed this Contract on the date and at the
place above-written.

GARINGAN, CACLIONG AND FRIENDS LTD CO.


SUPPLIER

By:

DINAH J. GARINGAN
Managing Partner
TALA MANILA
PRINCIPAL

By:

MAVIS P. FUENTEBELLA
President

SIGNED IN THE PRESENCE OF:

_______________________________

Republic of the Philippines )


) ss.

_______________________________

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in ____________ this ______________________


personally appeared
DINAH J. GARINGAN

___________________

_____________________

MAVIS P. FUENTEBELLA

___________________

_____________________

who are personally known to me to be the same persons who executed and voluntarily
signed the foregoing Contract of Service which he acknowledged before me as his free
and voluntary act and deed, and that of the partnership and corporation they represent.,
and that they have the authority to act in such capacity.

The foregoing instrument consisting of seven (7) pages including this page on which the
acknowledgment is written has been signed on the left margin of each and every page
by the parties and the witnesses.

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

Doc. No. ______


Page No.______
Book No.______
Series of 2016.