Agreement
Agreement
Agreement
TRANSPORTER can also treat the same through other treatment process of the
TREATER as approved by the Department of Environment and Natural Resources
(DENR) including the final disposal in a DENR-accredited sanitary landfill and the
GENERATOR agrees to avail such services from the TRANSPORTER.
NOW, THEREFORE, for the terms and in consideration of the foregoing premises and
the terms and condition herein set forth, the PARTIES hereto agree as follows:
1.1. This Agreement shall remain in effect starting from October 12, 2022 to October
12, 2023
1.2. In case the Service Agreement in not renewed after its expiration as per the date
specified in Provision 1.1 above, TRANSPORTER reserved the right to either
stop temporarily the service without prior notice to GENERATOR or to continue
the service due to the environmental impact of uncollected waste to the
personnel, patients and other affected parties within immediate surrounding of
the place of business of the “GENERATOR.
2.1. GENERATOR shall pay the TRANSPORTER a service fee of Php 30.00 per kilo
inclusive of VAT.
2.2. The GENERATOR agrees to pay the service fee , payable not later than fifteen
(15) calendar days from the receipt of the TRANSPORTER Sales invoice.
2.3. The fee may change during the contract period caused solely by economic
factors that would render the present price unviable and could only be
implemented upon agreement by both parties.
3.1. The GENERATOR shall secure, if not yet available, all DENR -required
documents particularly the following:
3.1.4. The GENERATOR shall be responsible for giving a copy of SMR with
DENR stamp to the TRANSPORTER for the application of permit to
transport. Failure of submission of SMR with DENR stamp to the
TRANSPORTER may cause of delay of hauling of the hazardous waste and
release of permit to transport.
3.1.5. Example. January – March SMR shall be filed on or before April 15 and so
on.
3.3. The GENERATOR shall keep the TRANSPORTER free and harmless from any
responsibility for not collecting the hazardous healthcare waste generated by the
GENERATOR due to its failure and non-compliance with the timely preparation
and submission of the online Quarterly Self-Monitoring Report (SMR) and online
Permit to Transport (PTT).
4.2. The GENERATOR shall designate a collection area for the TRANSPORTER
staff or its accredited waste collectors.
4.3. Every collection, the TRANSPORTER or its accredited collector and transporter
shall issue a Hazardous Waste Manifest Form (HWMF) and shall be signed by
both party representatives for monitoring purposes indicating the total weight of
the waste collected.
4.4. The GENERATOR shall designate authorized personnel as their representative
during the collection of healthcare waste and shall be authorized by the to sign
the Hazardous Waste Manifest Form (HWMF).
5.1. Collect, transport, treat and finally dispose hazardous healthcare waste
generated by the GENERATOR and other healthcare services or institutions as
follows:
5.1.1. Pathological Waste consisting of tissues, organs, body parts from surgical
operations, biopsy and autopsy, animal carcasses, blood and body fluids;
5.1.2. Infectious waste such as cultures stocks and of infectious agents from
laboratory work, waste from surgery and autopsies on patients with
infectious disease, waste from infected patients is isolation ward, waste from
potential undergoing hemodialysis (dialysis equipment such as tubing and
filters disposable towel, gowns, aprons, gloves and laboratory coats) and
waste that has been in contact with animal inoculated with an infectious
agent or suffering from some infectious diseases.
5.2. The TRANSPORTER has an option to supply yellow bags, free of charge, to be
used exclusively for the hazardous waste to be collected. The utilization of the
yellow bags
shall be monitored through the Hazardous Waste Manifest Form, which indicate,
among others the number of yellow bags used in a particular collection day.
5.3. The ‘GENERATOR’ has an option to provide their own yellow bins and yellow
bags.
5.5. The TRANSPORTER shall have the right to refuse the collection and
treatment/disposal of other wastes which in the TRANSPORTER’s
opinion/observation would have more deleterious effect to health and
environment when treated. Such waste pertains to radioactive waste aerosol
cans, mercury-filled metering equipment and other wastes which requires other
methods of waste handling and disposal.
5.6. The parties agree that in performing their activities under this Service
Agreement, they shall comply with all applicable laws, regulations, commercial
practice, rules and acts provided that the TRANSPORTER warrants the services
it shall perform under this Agreement shall be sufficient compliance with and
shall confirm to the standards and regulations of the appropriate national or local
government agencies concerned.
5.7. Any dispute that may arise under this Service Agreement shall be settled by a
court of arbitration sitting in Parañaque City. The decision of the arbitration shall
be final and binding to all parties and may be enforced by the court having
jurisdiction on either party.
6. PRE-TERMINATION OF SERVICE AGREEMENT
6.1. In case either PARTY wishes to terminate this contract before the expiration
thereof , a written notice must be served at least one (1) month prior to its
terminate date. Pre-termination however by the GENERATOR shall cause the
forfeiture of deposit.
6.2. Non-payment of account may cause for the suspension of services by the
TRANSPORTER and a valid issue to cause the termination of Service
Agreement.
6.3. Failure of the GENERATOR to secure the DENR required documents (under
Provision 3) with in two (2) months shall cause the forfeiture of the two (2)
months deposit and shall be a ground for pre-termination of the Service
Agreement.
IN WITNESS, WHEREOF, the parties hereto have signed and executed this agreement
this __________________ at ___________________.
By:
_______________________________ ______________________________
CYNTHIA TIANGCO BALITE SALINDA
LEONARDO AGUSTIN T. MONTEHERMOSO
________________________________
TUESDAY DE LEON
HEAD – Sales & Marketing
TUESDAY DE LEON
Known to me to be the same persons who executed the forgoing instrument and
acknowledged to me that the same is their free act and voluntary deed.
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