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Pines International Academy, Inc. 2nd Floor Cooyeesan Plaza Hotel, Naguilian Rd., Baguio City Tel.No.0063-74-446-8865 * Fax No. 063-74-446-8866 [email protected] * www.pinesschool.co.kr LAUNDRY SERVICE AGREEMENT This Agreement is entered into as of the _____ day of ____________________ 2011, between PINES INTERNATIONAL ACADEMY, INC., a non-stock non-profit educational corporation organized under prevailing Philippine laws with business address at 2nd Floor, Cooyeesan Hotel Plaza, Naguilian Road, Baguio City, Philippines, hereinafter referred to as the INSTITUTION; and REAO’S LAUNDRY SERVICES, a company organized and operated under and by virtue of Philippine laws, engaged in the business of performing laundry services including pick-up and delivery services, herein represented by OLIVER SAJONAS, of legal age, Filipino, and a resident of Campo Sioco, Baguio City, Philippines, hereinafter called the SERVICE PROVIDER. WITNESSETH— The SERVICE PROVIDER hereby agrees to provide laundry services including pickup and delivery services to the INSTITUTION under the following terms and conditions— 1. Contract Term. This Laundry Service Agreement shall be valid and enforceable for a period of _________ beginning ______________ until ________________, renewable upon the option and mutual assent of the INSTITUTION and the SERVICE PROVIDER. 2. Laundry Services. The SERVICE PROVIDER guarantees to provide professional, reliable and affordable garment care services. Students’ clothes shall be washed individually pursuant to the wash and care directions labeled and / or attached thereon and with all colors and whites separated from each other. Every garment shall be washed, dried, folded, and sorted. 3. Pickup and Delivery Services. The SERVICE PROVIDER shall, at the instance and discretion of the INSTITUTION, provide scheduled pickup of the latter’s students’ garments to be laundered. The SERVICE PROVIDER shall issue and assign a custom laundry bag for each student of the INSTITUTION. Each custom laundry bag shall be labeled with the student’s identification number. Each student must place all his or her respective garments in the SERVICE PROVIDER’S custom laundry bag prior to or upon pick-up. It shall be the students’ responsibility to either deliver the filled laundry bag to the pickup area or have the same ready at the agreed upon day, time, and location. 4. The SERVICE PROVIDER shall pickup and deliver clothes on time pursuant to the schedule mandated by the INSTITUTION. It shall never leave any laundry bags unattended. It shall record all laundry bags being picked up. It shall make sure that the students receive all items before leaving the counter. 1
PICKUP DAY Tuesday
RELEASE DAY Thursday
Thursday
Saturday
Saturday
Tuesday
TIME 5:00P M 5:00P M 5:00P M
5. Three consecutive failures on the part of the SERVICE PROVIDER to deliver laundered garments on time shall be grounds for the pre-termination of this contract by the INSTITUTION. 6. The SERVICE PROVIDER shall be liable for the loss of garments or for any damages sustained by such garments as a consequence of its deliberate or inadvertent failure to launder garments properly, which includes, but shall not be limited to, loss of buttons, tearing, shrinking, fading, or discoloration. In case of the presence of unwanted smell due to poor drying, the SERVICE PROVIDER shall provide free rewash and should be delivered the day after the rewashing. In case of lost or damaged clothing, the SERVICE PROVIDER shall undertake to either make a replacement or to restitute the same pursuant to the payment schedule mandated by the INSTITUTION. Garment Lost or Damaged
Jeans or Shirts Underwear Others
Laundry Service Type
Normal Wash Normal Wash Dry Clean
Restitution per Garment
350.00 150.00 500.00
7. The SERVICE PROVIDER shall not be responsible for loss of or damage to any personal or non-cleanable items left in the clothing or bags such as money, jewelry, or anything else. It shall likewise not be liable for loss or damage of garments as a consequence of force majeure, such as fire, earthquake, typhoons, civil disturbance, and other similar calamities or misfortune. 8. The INSTITUTION shall notify the SERVICE PROVIDER from time to time in writing of its specific dissatisfaction of the services being rendered, if any, at which time the SERVICE PROVIDER shall have thirty days in which to correct the dissatisfaction. If the INSTITUITON continues to be dissatisfied with the quality of the service being provided, it may then terminate this Agreement upon thirty days written notice to the SERVICE PROVIDER, with the INSTITUTION having no further obligation to the Supplier except for services rendered prior to the date of the Termination Notice. 9. Service Fees. Payment for services shall be deposited by the INSTITUTION in the bank account of the SERVICE PROVIDER every 15th and 30th day of the month. The SERVICE PROVIDER shall submit its billing statement to the Administration Office not later than five [5] days prior to the deposit date to give time for corrections and preparations of the funds. In case the billing statement is submitted late, the deposit of the payment for services will follow five days after the date of the
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actual submission of the billing statement. The agreed payment of the various services shall be as follows— Machine Wash Assorted Clothes Hand Assorted Clothes Wash Dry Cleaning Suits and Coats Dry Cleaning Slacks / Polo Shoes / Sandals / Sneakers Caps / Hats Bags / Luggage
P 28.00 / Kilogram P 35.00 / Kilogram P 200.00 / Piece P 100.00 / Piece P 150.00 / Pair P 50.00 / Piece P 20.00 / Piece [Small]; P 40.00 / Piece [Medium]; P 60.00 / Piece [Big]
10. Service Hours. The SERVICE PROVIDER shall operate the laundry office every Tuesdays, Thursdays, and Saturdays, from 10:00 o’clock in the morning until 8:00 o’clock in the evening without interruption. It shall assign two [2] personnel who shall work on shifts and who shall be directly responsible for receiving, releasing, and sorting laundry. 11. Independent Contractor. This Agreement shall not render the SERVICE PROVIDER an employee, partner, agent of, or joint venturer with the INSTITUTION for any purpose. The SERVICE PROVIDER is and will remain an independent contractor in its relationship with the INSTITUTION. The SERVICE PROVIDER shall have no claim against the INSTITUTION hereunder or otherwise for its employees’ vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. 12. There shall be no employer-employee relationship between the INSTITUTION, on the one hand, and the SERVICE PROVIDER and the staff or personnel whom the SERVICE PROVIDER may assign to perform the services called for hereunder on the other. The SERVICE PROVIDER hereby acknowledges that no authority has been conferred upon by the INSTITUTION to hire any person on behalf of INSTITUTION and that no other than for the purpose for which they are intended, the staff or personnel whom the SERVICE PROVIDER may assign to perform the services and that whatever instructions may be given by the INSTITUTION directly to the SERVICE PROVIDER’S staff or personnel shall be construed simply as a desire by the INSTITUTION to insure efficient service results. 13. It is expressly understood and agreed between the parties hereto that the persons whom the SERVICE PROVIDER may assign to perform services called for are and shall remain the employees of the SERVICE PROVIDER only. As such, the SERVICE PROVIDER hereby warrants to fully comply with the provisions of the Labor Code of the Philippines, as well as with all other laws, rules and regulations pertaining to labor and employment now existing and the INSTITUTION may require the SERVICE PROVIDER to show or produce papers, receipts of payment of Social Security System [SSS], PHILHEALTH, and evidence to show compliance with the provisions of the Labor Code of the Philippines as Amended including its Implementing Rules. 14. The SERVICE PROVIDER shall retain and exercise the sole, exclusive and absolute right, as employer, to select, rotate, re-assign, suspend, lay-off, terminate 3
and/or impose disciplinary action over the individual staff or personnel assigned by it to the INSTITUTION. It is further understood that the SERVICE PROVIDER shall elect, salaries or compensation of its employees shall be within its sole and full control. 15. Right to Injunction. The INSTITUTION shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the SERVICE PROVIDER. Similarly, the SERVICE PROVIDER shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the INSTITUTION. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the INSTITUTION or SERVICE PROVIDER may have for damages or otherwise. The various rights and remedies of the INSTITUTION and the SERVICE PROVIDER under this agreement or otherwise shall be construed to be cumulative, and no one of them shall be exclusive of any other or of any right or remedy allowed by law. 16. Merger. This Agreement shall not be terminated by the merger or consolidation of either the INSTITUTION or SERVICE PROVIDER into or with any other entity. 17. Termination. The INSTITUTION may terminate this agreement at any time by written notice to the SERVICE PROVIDER. In addition, if the SERVICE PROVIDER materially breaches provisions of this agreement, the INSTITUTION at any time may terminate the engagement of the SERVICE PROVIDER immediately and without prior written notice to the SERVICE PROVIDER. 18. Successors and Assigns. All of the provisions of this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns. 19. Choice of Law. Philippine laws shall govern the validity of this agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto. 20. Jurisdiction. Any controversies arising out of the terms of this Agreement or its interpretation shall be settled in the courts or mediation centers located in Baguio City and the judgment upon award may be entered in any court having jurisdiction thereof. 21. Waiver. Waiver by one party hereto of breach of any provision of this agreement by the other shall not operate or be construed as a continuing waiver. 22. Assignment. The SERVICE PROVIDER shall not assign any of its rights under this agreement, or delegate the performance of any of its duties hereunder, without the prior written consent of the INSTITUTION. 23. Modification or Amendment. No amendment, change or modification of this agreement shall be valid unless in writing signed by the parties hereto.
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24. Entire Understanding. This document and any exhibit attached constitute the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect. 25. Unenforceability of Provisions. If any provision of this agreement, or any portion thereof, is held to be invalid and unenforceable, then the remainder of this agreement shall nevertheless remain in full force and effect. IN WITNESS WHEREOF the undersigned have executed this LAUNDRY SERVICE AGREEMENT as of the day and year first written above. The parties hereto agree that facsimile signatures shall be as effective as if originals. PINES INTERNATIONAL ACADEMY LABA EVER LAUNDRY SHOP Institution Service Provider By— By— DR. VENUS AGUSTIN NOEL FELICITO M. ABARQUEZ II President President _________________________________ Witness
_________________________________ Witness
REPUBLIC OF THE PHILIPPINES | S. S. DONE: IN THE CITY OF BAGUIO | BEFORE ME, a Notary Public for and in the City of Baguio personally appeared the above-named parties with their respective identification papers representing themsleves to me to be the same persons who executed the foregoing instrument referring to a LAUNDRY SERVICE AGREEMENT consisting of five [5] pages including this one in which the acknowledgment is written, and they acknowledged to me that the same is their own free act and voluntary deed. WITNESS MY HAND AND SEAL. Doc. No. Page No. Book No. Series of 2011
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