bossini contract

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SUPPLY AND PURCHASE CONTRACT KNOW ALL MEN BY THESE PRESENTS: This Contract made and entered into this ____ day of __________, 200__ by and between: BOSSINI, a corporation existing under Philippine Laws with business address at ____________________________________________________________ __ represented herein by _________________________________________________________ and hereinafter referred to as the SUPPLIER; And PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), a government agency under the Office of the President, Republic of the Philippines with business address at NIA Northside Road, National Government Center, Brgy. Pinyahan, 1100 Quezon City represented by ______________________________________hereinafter referred to as the CLIENT; WITNESSETH: WHEREAS, the CLIENT created the Uniform and Equipment Standardization Committee (UESC), to come up with the prescribed Uniform for its organic personnel; WHEREAS, pursuant to Resolution No. 2008-712-01, the Uniform and Equipment Standardization Committee (UESC) agreed and resolved to recommend the PDEA Prescribed Uniform as designed by the SUPPLIER; WHEREAS, the SUPPLIER is a business entity directly engaged in supplying ___________ (indicate products) to various clients in accordance with their specific instructions and orders; WHEREAS, the CLIENT is in need of a supplier of Prescribed Uniform for its Organic Personnel; WHEREFORE, in view of the foregoing premises and consideration, the parties agreed to undertake the following:

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Page 1: Bossini Contract

SUPPLY AND PURCHASE CONTRACT

KNOW ALL MEN BY THESE PRESENTS:

This Contract made and entered into this ____ day of __________, 200__ by and between:

BOSSINI, a corporation existing under Philippine Laws with business address at ______________________________________________________________ represented herein by _________________________________________________________ and hereinafter referred to as the SUPPLIER;

And

PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), a government agency under the Office of the President, Republic of the Philippines with business address at NIA Northside Road, National Government Center, Brgy. Pinyahan, 1100 Quezon City represented by ______________________________________hereinafter referred to as the CLIENT;

WITNESSETH:

WHEREAS, the CLIENT created the Uniform and Equipment Standardization Committee (UESC), to come up with the prescribed Uniform for its organic personnel;

WHEREAS, pursuant to Resolution No. 2008-712-01, the Uniform and Equipment Standardization Committee (UESC) agreed and resolved to recommend the PDEA Prescribed Uniform as designed by the SUPPLIER;

WHEREAS, the SUPPLIER is a business entity directly engaged in supplying ___________ (indicate products) to various clients in accordance with their specific instructions and orders;

WHEREAS, the CLIENT is in need of a supplier of Prescribed Uniform for its Organic Personnel;

WHEREFORE, in view of the foregoing premises and consideration, the parties agreed to undertake the following:

NOW THEREFORE, for and in consideration of the above premises, the parties have agreed and do hereby agree with each other, as follows:

1. The SUPPLIER shall supply PDEA green polo shirt with the following description and terms:

a. Name of Item: PDEA Polo Shirt

b. Color: (indicate exact green shade)

c. Material: indicate material specification (fabric, buttons, print)d. Logo indicate specifications, dimension measurement of letters located

at the back and the dimension of logo in front

d. Price: Php____________

2. The CLIENT shall issue the SUPPLIER the corresponding Purchase Order (P.O.) which shall set out the following:

Page 2: Bossini Contract

a. CLIENT: Company/Agency Name Address and contact number Brief description of item/s to be purchased Terms of payment (Deposit and full payment) Period/Time of initial and full delivery

b. SUPPLIER: Company/Agency Name Address and contact number Other company details

3. A delivery period of ________________ shall be allotted from the time of receipt by the SUPPLIER of the final list of sizes for the items to be ordered for quantities ranging from __________ pieces. Delivery time for any order in excess of the said quantity shall be adjusted accordingly to be indicated in the Purchase Order (P.O) as stated in the preceding paragraph.

4. Upon submission of the necessary Purchase Order, the CLIENT shall make an initial 50% down payment of the total contract price in the form of MANAGER CHECK or CASH and has a obligation to pay and settle the 50% balance in the upon full delivery of the items to be supplied.

5. The SUPPLIER shall issue the necessary Official Receipt (O.R) to the CLIENT upon receipt of the full and final payment.

6. It is understood that the design as agreed by the parties cannot be sold to nor copied for the benefit and use of any entity other than the CLIENT. If in case such polo shirt be used, sold or distributed wittingly or unwittingly by the SUPPLIER, the latter shall forfeit to the CLIENT the sum of ONE HUNDRED THOUSAND PESOS (P100, 000.00) and the contract shall be terminated automatically. It shall be the obligation of both parties to protect the design as hereto agreed from any unlawful or unauthorized use or replication.

7. Should there be any defect, flaw or blemish on the shirt, that will be discovered within _____________(indicate time frame) from the time of delivery, the SUPPLIER shall endeavor to make the necessary replacement of the said defective item within__________working days from receipt of the notice by the CLIENT. Provided, that the said period for replacement or repair shall be adjusted depending on the volume of the items should the same exceed ______ pieces per working week. Failure to raise any of the grounds set forth herein for repair or replacement within the said (indicate time frame)____________ period shall release/exonerate the SUPPLIER from any liability.

8. The term of this agreement shall commence on ___________________ and shall remain valid for a period of six (6) months or until ________________. That the CLIENT has the option to pre-terminate this contract provided that the same is due to gross negligence on the part of the SUPPLIER in the performance of the provisions of the agreement. That notice of termination of contract be in writing and shall be given to the other party thirty (30) days prior to the expiration of this contract or pre-termination date. In the absence of a written notice of termination of contract from either party thirty (30) days before the expiry date of the agreement period, this contract is for all purpose deemed automatically renewed for a similar period.

9. Any information disclosed by parties in this agreement is strictly considered to be confidential in nature. Therefore, the other party agrees to keep such information secret and confidential and not to use such information except for the purposes contemplated in this contract.

10. Any amendment or modification to this contract shall be made in writing and subject to confirmation by the contracting parties.

11. Either the SUPPLIER or the CLIENT shall be relieved or excused from its obligation

Page 3: Bossini Contract

during any period that their performance is prevented through delays by the following:

Act of God, war, terrorist activities, blockage Revolution, riot, insurrection, civil commotion Strike, lockout, fire, flood, storm, tempest Government restriction and regulation

12. Any amendment, revision, change or modification of any clause of this agreement shall be made in writing signed by the duly authorized representative of both parties.

13. If a provision of this contract is ruled by a competent court as invalid and therefore of no legal force and effect, such invalidity shall not affect the enforceability and applicability of its other provisions.

14. VENUE IN CASE OF LITIGATION – In the event of litigation in connection with this contract, the venue shall be in the proper courts of Quezon City.

15. ATTORNEY’S FEES – In case of litigation arising from or in connection with this contract, an amount equivalent to 25% of the amount claimed shall be paid to the other party as attorney’s fee.

16. That in case the parties shall, subsequent to the signing of this contract agree on additional terms and conditions, the same shall be attached hereto and shall form part hereof.

IN WITNESS WHEREOF, the parties hereto have set their signatures this _____day of ___________________ at _______________, Philippines.

BOSSINI (pls. indicate complete name of company)

PHILIPPINE DRUG ENFORCEMENT AGENCY(PDEA)

By: By:

Name of president or CEO or Sr. USEC DIONISIO R. SANTIAGO Director General, PDEA

VP of the company/authorized signatory ___(please indicate proper designation)___

Signed in the presence of:

____________________ ____________________

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)CITY OF _______________________) S.S.

Page 4: Bossini Contract

BEFORE ME, a Notary Public, for and in ________________________, Philippines, personally appeared:

NAME CTC/ PLACE ISSUED DATE PASSPORT NO.

______________ _______________ ____________________________________ ______________ _______________ ___________ personally known to me and to me known to be the same persons who executed the foregoing instrument, consisting of _____ pages on which this acknowledgement is written, and acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY NOTARIAL HAND AND SEAL this ________ day of_______________, 2009 in ___________________________, Philippines.