TRANSPORT & DELIVERY SERVICE AGREEMENT

KNOW BY ALL MEN BY THESE PRESENTS:

THIS AGREEMENT is made and executed this _____________________ at __________________City by and between:

SHOP N’ SELL DISTRIBUTION INC., a corporation duly organized and validly existing under the laws of the Philippines, having its registered office at ___________________________________________________, Philippines, represented by ________________, the authorized President/Director, hereinafter referred to as “SHOPN’SELL (SNS)”;

and –

___________________________Filipino, with address at _____________________________________________, (hereinafter referred to as “DELIVERY SERVICE PROVIDER/DRIVER”)

WHEREAS, SHOPN’SELL is engaged in the business of E-commerce and digital platform service provider.

WHEREAS, SHOPN’SELL is in need of Transport or Delivery services of Goods for SNS sellers and buyers.

WHEREAS, the DELIVERY SERVICE PROVIDER/DRIVER is willing to deliver the Goods under this Agreement.

  1. DEFINITIONS
    a. DRIVER/ DELIVERY SERVICE PROVIDER: refers to one who has agreed with to undertake to transport Goods.
    b. SELLER– refers to a person or entity whether as registered business or not, but is accredited or registered as SHOPNSELL ONLINE SELLER, who requested for booking of transport services for delivery of Goods to be picked up by the DRIVER/ DELIVERY SERVICE PROVIDER to the Delivery address of SNS buyer.
    c. Transport Service refers to transport of goods to all designated areas provided by SHOPN’SELL or its registered Sellers.
    d. Delivery Fee: is the fee paid to the DRIVER/ DELIVERY SERVICE PROVIDER for the delivery services referred by SNS. The said fee shall be paid by SHOPNSELL after delivery of Goods.
    e. Goods: refer to any item, container, parcel, or package, either singularly or in plural that is transported by means of the Services.
  2. OBLIGATIONS OF THE DRIVER/ DELIVERY SERVICE PROVIDER
    a. DRIVER/ DELIVERY SERVICE PROVIDER is responsible in keeping and making the necessary driver’s license and necessary government permits available such as but not limited to Land Transportation Franchising Regulatory Board (LTFRB) and vehicle insurance during the transport of Goods.
    b. DRIVER/DELIVERY SERVICE PROVIDER is responsible and shall ensure to always wear proper protective equipment and safety gears when driving and transporting goods to Buyer. He must also ensure to wear SHOPNSELL I.D. for proper identification of seller and buyer and other customer of SHOPNSELL.
    c. Should the DRIVER/ DELIVERY SERVICE PROVIDER notice an obvious defect or damage to the Goods; the DRIVER must provide reasonable notice to SNS SELLER or SNS SHOPPER as may be applicable. Thereafter, DRIVER shall not be held liable for any loss or damage by reason of inaction of SNS SELLER or SNS SHOPPER .
    d. DRIVER/ DELIVERY SERVICE PROVIDER must use the approved software to monitor the deliver and exact location of the Goods subject of the delivery. The driver must ensure to send notification to Buyer and ShopNSell once the good has been picked up from seller’s address and delivered to buyer’s address. Once the goods have been accepted by the Buyer, the Driver must send notification as provided in his SNS account in the website/platform.e. DRIVER/ DELIVERY SERVICE PROVIDER must exert reasonable effort and due diligence to check the identity of the recipient of goods and ask for the copy of his/her valid I.Ds.f. DRIVER/ DELIVERY SERVICE PROVIDER is not legally responsible for any setback in the delivery time; he still must take all measures to transport the Goods within the calculated period taking into consideration factors such as traffic, bad weather and public rally and fulfil the directions given by SNS SELLER or SHOPN’SELL.

    g. DRIVER/ DELIVERY SERVICE PROVIDER must never be under the influence of drugs or alcohol during the transportation of the Goods under this agreement.

    h. DRIVER/ DELIVERY SERVICE PROVIDER must always maintain good work values and principles.

    i. DRIVER/ DELIVERY SERVICE PROVIDER shall ensure that ordinary diligence has been practice in order to avoid loss and damage during the transport of the goods.

    j. DRIVER/ DELIVERY SERVICE PROVIDER must never engage in any action that may damage or disgrace the good name of SHOPNSELL which can get in the way of SNS’s business development.

    k. DRIVER/ DELIVERY SERVICE PROVIDER is obligated to use vehicle(s) which is appropriate for delivery of Goods taking into consideration the safety and prevention of loss, damage and injury to any person or property.

    l. DRIVER/ DELIVERY SERVICE PROVIDER accept full accident liability for any damages incurred during the transport of the goods whether the same is intentional or not.

    m. Once the DRIVER/ DELIVERY SERVICE PROVIDER has accepted the transport of goods, he is responsible in completing the same and is prohibited in assigning the said transport to another DRIVER.

    n. DRIVER/ DELIVERY SERVICE PROVIDER confirm that any violation of responsibility or obligation may result to immediate termination of contract or reduction of fees without prejudice to any available legal remedies of SHOPNSELL.

    0. Gasoline and other maintenance expenses for the vehicle shall be at the account of the DRIVER/ DELIVERY SERVICE PROVIDER.

    p. In case of CASH-ON DELIVERY (COD) by the Buyer, the DRIVER/ DELIVERY SERVICE PROVIDER must turn over to SHOPNSELL, the exact amount he received from the buyer without deducting his delivery fee yet, either through the following options:

    a. Bank account of SHOPNSELL;
    b. G-CASH account of ShopNSell;
    c. Treasurer/cashier designated by SNS in its principal business address;

     

    TREASURER
    SHOPN’SELL DISTRIBUTION INC.,
    TOWER 2 LINEAR YAKAL ST. MAKATI CITY. DRIVER/ DELIVERY SERVICE PROVIDER is not liable for any acts or omissions intentionally or through negligence of any party other than the DRIVER/ DELIVERY SERVICE PROVIDER.

    q. In case of failure of delivery by reason that the Buyer is not available to receive the parcel, or failed to nominate his authorize recipient, the Driver for the first and second attempt on different dates, shall keep the parcel in his custody on a safe and secure place and manner.

    The Driver for the last and third attempt, shall deliver again the parcel/goods to the Buyer’s address and in case the same is not receive for the same reason stated above, the DRIVER shall notify SHOPNSELL and SELLER that for the 3rd and last attempt, the good/parcel has failed for delivery   and he shall return the item (on the same condition he receive it from the seller, sealed and packed in SHOPNSELL packaging) to the Seller.

    The order number which failed delivery for 3 times shall be marked in the system as “Failure of delivery & returned to Seller” status.

    However, in the foregoing situation the Driver must all the time exert his best effort to successfully deliver the item/product to the buyer.

    In case of CASH-ON DELIVERY order, the Driver shall not receive Delivery fee (for the 3 attempts made) for goods/parcels which failed for receipt by buyer/customer for 3 attempts.

    However, in case of orders already paid by buyer via built-in payment system of SHOPNSELL like payment gateway or credit card, and the payment has been received on the account of SHOPNSELL, the delivery fee shall be paid to the driver equivalent only to 1 attempt (covering all 3 attempts of delivery made by the Driver).

    r. With the foregoing clause, the buyer who already paid, thru the built-in payment system of SHOPNSELL, shall request SHOPNSELL for refund of his payment to his SNS-E-wallet, subject to deduction of the delivery fees for failure to accept delivery by reason attributable to buyer/customer.

    s. DRIVER/ DELIVERY SERVICE PROVIDER is not liable for any acts or omissions intentionally or through negligence of any party other than the DRIVER/ DELIVERY SERVICE PROVIDER.

    t. The Driver/Delivery Service Provider shall be responsible to file, submit and pay the applicable taxes imposable to the fees receive for his services.  

    In this case, SHOPNSELL shall not withhold any taxes from Driver/Delivery Service Provider, but the Driver/Delivery Service Provider undertakes to perform his tax obligations to the Philippine Government.  Any tax liabilities imposable to the fees receive by the Driver/Delivery Service Provider shall be on his account and shall hold SHOPNSELL free from such liabilities.

  3. INSURANCE
    Driver ensured that the vehicle for transport is fully insured with accident and general liability insurance, but not limited to coverage of accident insurance for DRIVER/ DELIVERY SERVICE PROVIDER in case of body injury or third party liability.
  4. TRANSPORT FEE
    a. DRIVER/ DELIVERY SERVICE PROVIDER has the right to receive the transport/delivery fee  which shall accrued weekly and shall be released by SHOPNSELL through the bank account of the Delivery provider; All completed transactions can be monitored by the Delivery provider through his dashboard access in the system.
    Transport/delivery fee shall be paid on the following week within Monday to Wednesday.
    b. The Transport fee is set separately from this Agreement, Annex A- Transport Fee Rates.
    c. DRIVER/ DELIVERY SERVICE PROVIDER authorizes SNS to withdraw and/or deduct monies from his/her transport fee for the following:
    i. Mobility Service Commission, support and admin fee; 20%
    ii. Any charges or penalties for liabilities and/or damages due to his fault or negligence
    d. Fees under this Agreement may be subject to certain adjustments as may be mutually agreed upon by the Parties in writing.
  5. Set of procedures, instruction and orientation materials, Policies for DRIVER/DELIVERY and other information provided upon approval of DRIVER/DELIVERY and during the term of this contract shall form part of this Agreement and shall be binding to DRIVER/DELIVERY.
  6. RELATIONSHIP OF THE PARTIES
    a. Each party shall be an independent entity. Nothing in this Agreement shall constitute a partnership between the parties nor constitute either party as agent of the other party for any purpose;
    b. NO EMPLOYER-EMPLOYEE RELATIONSHIP: That the referred DRIVER/ DELIVERY SERVICE PROVIDER is also not considered an employee neither of the SHOPN’SELL nor of the SELLER or BUYER.
  7. CONFIDENTIALITY
    Each party shall keep all information and details of the other party of a confidential nature and shall not disclose or divulge them to any third party without the prior written consent of the owner. Each party shall also refrain from using such confidential information and details for any purpose other than for the provision of the Services and performance of obligations hereunder.
    Confidential Information includes but not limited to:
    a. Personal Information of both Parties; and
    b. Transport fees and information of goods for delivery unless required to be declared with the government agencies.
  8. FORCE MAJEURE
    Neither Party shall be liable for any delay or failure to perform its obligations hereunder that is directly or indirectly caused by reason due to Acts of God, war, fire, flood, unavailability of port facilities and transportation facilities, delay on arrival and berthing of vessel, laws, regulations or governmental guidance or any other causes beyond its reasonable control (the “Force Majeure).
  9. COMPLIANCE WITH LAWS
    SNS and DRIVER/DELIVERY SERVICE PROVIDER shall comply with all applicable national, local laws, ordinances and regulations in the performance of its obligations under this Agreement including but not limited to the procurement of permits, licenses and certificate where required, and payment of applicable taxes.
    By clicking Agree,The DRIVER/DELIVERY confirms that the above terms and conditions are understood and he/she willingly or voluntarily agree to enter into this Agreement.

    SHOPN’SELL DISTRIBUTION INC.,
    Signed: __________________________
    Date:DRIVER/ DELIVERY SERVICE PROVIDER
    Signed: __________________________
    Date:

    ANNEX A

     

    This document forms part of the Transport Agreement.

    TRANSPORT AND DELIVERY FEE RATE

    Shipping Class : Metro Manila
    Cities /Municipalities :

    NO.CITIES/MUNICIPALITIES
    1MANILA    
    2MAKATI
    3QUEZON CITY
    4CALOOCAN CITY
    5LAS PINAS
    6MALABON
    7MANDALUYONG
    8MARIKINA
    9MUNTILUPA
    10NAVOTAS
    11PARANAQUE
    12PASIG
    13PASAY
    14SAN JUAN
    15TAGUIG 
    16VALENZUELA
    17PATEROS