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[WT] Memorandum of Agreement

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MEMORANDUM OF AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:

This Memorandum of Agreement (this “MOA” or this “Memorandum of Agreement”) is made and entered
into on this __________________________ (“Effective Date”) by and between:

SENDER. COMPANY, a sender”J.M.R.J Garments Manufacturing” , with an office located at


Adelina St. Corner Ynares, Brgy. San Carlos, Binangonan Rizal 1940, thru contact number: Mobile
No. +63926-722-98-65/ Email Address: jomherantonio@gmail.com.

And;

SIGNER, COMPANY, a signer”KD Clothing”, with an office located at Lot 13 Blk. 23, Balintawak
Drive, Dona Ana Subdivision Camarin, Caloocan City thru contact number: Mobile No. +63927-054-
95-20/ +63956-056-70-00

1. PURPOSE & SCOPE.


The purpose of this Memorandum of Agreement is to set forth the terms and conditions, scope of
work and responsibilities of the parties associated with their collaboration on DESCRIBE
COOPERATIVE PROJECT.
Specifically, both parties will cooperate to develop SPECIFICS AND OBJECTIVES RELATED TO
PROJECT. “Philippine Red Cross – MVR5”
Establishes the responsibilities regarding the interactions between the J.M.R.J Garments Manufacturing
and KD Clothing.

2. BACKGROUND.
Both parties see the benefits of this project, have a desire to pursue the project and have determined that
each brings unique expertise and experience necessary to accomplish the objectives outlined above.
SENDER.Company has unique expertise and experience in the following areas:

Manufacturing of ready to wear clothes in connection to garment fabrics.


• Accepting bulk orders in the most affordable deal.

SIGNER.COMPANY has unique expertise and experience in the following areas:

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• Printing services of any suitable fabrics.
• Computer Arts & Designs
• Photo Editing / School & Souvenirs merchandise

3. SENDER. Company RESPONSIBILITIES.

SENDER.Company shall undertake the following activities under this MOA:


Responsible for manufacturing the purchased order quantity of not less than One hundred
thousand (100,000.00 Pcs.) of Singlet Fun Run shirts.
Ensuring all shirts on desired number of sizes are delivered in timely manner to respective warehouse
as per given advise of deadline.
In-charge of providing logistics during movement of operations within the limited area only;
specifically from hauling of raw materials, Carrying and moving of cut fabrics to printing area &
Transporting to respective warehouse.
Responsible for all compensation signed and agreed as well as the safety of employees under
tenure of the project.

4. SIGNER. Company RESPONSIBILITIES.

SIGNER.Company shall undertake the following activities under this MOA:


• Responsible for sublimation printing of the purchased order quantity of not less than one hundred
thousand (100,000.00 Pcs.) of Singlet Fun Run shirts in given desired variation of sizes.
• Ensuring all printed shirts with desired number of sizes are delivered to signer as per given advise of
deadline.
• In-charge of providing logistics during movement of operations within the limited area only;
Transporting printed shirts to respective signer’s premises in compliance with certain condition of
rate agreed per day and net capacity available to carry for transporting vehicle.
• Responsible for all compensation signed and agreed as well as the safety of employees under
his/her premises.

5. TERMS AND CONDITIONS.


It is mutually understood and agreed by and between the parties that:
1. Each party takes legal and financial responsibility for the actions of its respective employees,
officers, agents, representatives and volunteers. Each party agrees to indemnify, defend and hold
harmless the other to the fullest extent permitted by law from and against any and all demands,
claims, actions, liabilities, losses, damages, and costs, including reasonable attorney’s fees,
arising out of or resulting from the indemnifying party’s acts or omissions related to its participation
under this Memorandum of Agreement, and each party shall bear the proportionate cost of any
damages attributable to the fault of such party, its officers, agents, employees and independent
contractors. It is the intention of the parties that, where fault is determined to have been
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contributory, principles of comparative fault will be applied.
2. Each party, at its sole cost and expense, shall carry insurance or self-insure to cover its activities
in connection with this MOA, and obtain, keep in force and maintain, insurance or equivalent
programs of self-insurance, for general liability, workers compensation and business automobile
liability adequate to cover its potential liabilities hereunder.
3. This MOA may be amended from time to time by mutual agreement of the parties in a
written modification signed by both parties.
4. This MOA may be terminated by mutual agreement of the parties, and shall automatically
terminate upon completion of all responsibilities as stated herein, unless otherwise amended.

6. FUNDING; COSTS.
The parties shall each be solely responsible for any and all costs associated with their responsibilities
under this MOA.
1. It has been agreed that the total amount for the contract project with the ranges stated under
section (4) of “SENDER.Company RESPONSIBILITIES” and section (5) – “SIGNER.Company,
RESPONSIBILITIES”, shall be in pesos with the amount of: ___________________________(P
_________________________________) Philippine Currency, with equivalent quantity
of;(___________________) Pcs., thus; the client will issue the initial fifty percent (50%) of total
contract amount then settle the remaining fifty percent (50%) upon completion of delivery,
2. Whereareas; upon issuing funds from the above client, the “Senderr” J.M.R.J Garments
Manufacturing, shall receive the forty three percent (43%) from the total amount agreed.
3. Wherein; the remaining percentage of fifty seven (57%) from the total agreed amount shall receive
by the “Signer- Company” with the considerable period of initial preparation prior official
commencement of production date.
4. Alterations during the operation from the agreed project in relation to funds and demanded
quantity in which would compromise both contracting parties should carry out immediate
discussions and another signing of this MOA with both representatives prior amendments.

7. PRODUCT DESCRIPTIONS.

The above given breakdown of sizes will be issued upon the order form the client, wherein the following
approved sizes must be strictly follow by the given dimensions below:

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 Size Variations

Sizes Length Width Neck Shoulder Underarm

Extra – Small (XS): 26 19 6.5 13 20

Small (S): 27 20 7 14 21

Medium (M): 28 21 7 14 22

Large (L): 29 22 7.5 14.5 23

Extra – Large (XL): 30 23 7.5 15 24

Two Extra – Large (2XL): 31 24 7.5 15 25

Three Extra – Large (3XL): 32 25 8 16 26

Four Extra – Large (4XL): 33 26 8 16 27

 Approved Color Tone

Toning of color through all the projects must be observed and maintain in accordance with the
approved details set forth by the committee from the above client, below the color details must only be
use without further notice given:

i. Pantone 7455 C
ii. Pantone 1778 C

8. DISPUTES – ARBITRATION
Any claim or controversy arising out of this Contract or to the breach, termination or invalidity thereof
shall be settled by arbitration in any court within Metro Manila in accordance with rules governing
arbitration of the Philippine Trade Law subject to such modifications as the parties may agree in writing.
The Parties hereby agree to be bound by any arbitration award rendered in accordance with this
paragraph as final adjudication of any such claim or controversy.

9. DEFAULT
In case of default by the Contractor including but not limited to failure or refusal to make deliveries of
materials or construction within the limit specified, the SENDER – J.M.R.J GARMENTS
MANUFACTURING may procure the goods or services from other sources and hold the Contracting
party responsible for any excess costs occasioned thereby. Furthermore. The SENDER may by written
notice terminate the right of the Contractor to proceed with the deliveries or construction/renovation. Or
such parts thereof as to which there has been
default.

10. FORCE MAJEURE.


Force Majeure, as used herein, shall mean acts of God, laws or regulations, industrial disturbances,
acts of the public enemy, civil disturbances, explosions and other similar cause of equivalent force not
Caused by nor within the control of either party, or which neither party is able to overcome. As soon as
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possible after the occurrence of a force majeure and within not more than 15 days, the Contractor shall
give notice and full particulars in writing to the PRC of such force majeure if the contractor is thereby.
Rendered unable wholly or partly his obligations and meets his responsibilities. The PRC shall then
have the right to terminate the contract by giving in writing notice of termination within (7) seven days
upon receipt of notice from the contracting party, the Contractor shall return any deposit paid by PRC.

11. TAXES, LICENSES AND PERMITS.


a. Licensee will pay all charges, taxes, assessments and fees which may, at any time during the period
term, be imposed or charge by any governmental authority and respect of between the accepted
procurement percentages from SENDER, SIGNER in relation to the agreed project.

b. The above SENDER will indemnify and hold the contracting parties free and harmless from and
against any action or liability in respect of claims, actions, orders, fines, charges, penalties or
judgment imposed on the SENDER, on account of its violation of any law decrees, ordinances, rules
and regulations relating to concede fund raising project.

12. EFFECTIVE DATE AND SIGNATURE.


This Memorandum of Agreement shall be effective upon the date of the last party to sign this MOA
below. The parties indicate agreement with this Memorandum of Agreement by their signatures
below.

IN WITNESS WHEREOF, parties herein affix their signature in the date and place above written.

_____________________________________ _______________________________________
SENDER – “J.M.R.J Garments Manufacturing” SIGNER – “KD Clothing”

Signed in the presence of:

_______________________________ ________________________________

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ACKNOWLEDGEMENT

Republic of the Philippines


_____________________ S.S

BEFORE ME, personally appeared:

Name CTC Number/Government ID Date/Place Issued

Known to me and to me known to be the same persons who executed the foregoing
instrument and acknowledge to me that the same is their free and voluntary act and deed.

This instrument is consisting of ____ page/s, including the page on which this
acknowledgement is written, has been signed on each and every page thereof by the concerned parties
and their witnesses, and sealed with my notarial seal

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

Notary public

Doc. No. ___________________________;


Page No. ___________________________;
Book No. __________________________;
Series of 20___.

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