Republic of the
Philippines
Cubao,Quezon City
May 29,2004 Saturday
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THIS PRESENT that this consignment
agreement entered into by NICOLAS CAPISTRANO, a representative of Philippine
Spring Water Resources, Inc., with offices at 1869 P. Domingo St. ,Barangay
Kasilawan, Makati City with telephone number 890-3728 and Bldng. 6 Business
Center, Gate 2,Vista Verde Village Felix Ave., Cainta,Rizal with telephone
number 681-9203, single, and of legal age, referred herein as the DISTRIBUTOR,
and by GEORGE C.
PALAGANAS, an electrical engineer, single,and residing at #846 Aurora Boulevard
corner C. Benitez St., 1109 Kaunlaran, Cubao, Quezon City, referred herein as
the CONSIGNEE, is voluntary for both parties and this written agreement
is signed by both to manifest their desire to enter into such an agreement.
This consignment agreement is composed of the following stipulations to wit;
THAT the beginning of the day is defined as between 6:00
A.M. to 12:00 noon and the end of the day is defined as between 12:00 noon to
6:00 P.M.
THAT this consignment agreement starts at the beginning of
the day of May 29, 2004, Saturday, and ends at the end of the day of June
13, 2004 or for a period of fifteen(15) days, after which this
agreement is duly terminated hence freeing both parties, the DISTRIBUTOR and
CONSIGNEE, from any liability from it whatsoever provided no stipulation
on it was violated.
THAT the DISTRIBUTOR, NICOLAS CAPISTRANO, is a
sales agent and distributor of the goods, referred herein as CONSIGNED GOODS,
specifically bottled drinking water with the brand name NATURE’S SPRING,
on consignment basis.
THAT the consignment basis herein referred to means the CONSIGNED
GOODS will be delivered to the CONSIGNEE at the beginning of the day
of May 29, 2004, Saturday.The CONSIGNEE then will sell the CONSIGNED
GOODS at the place of
Page 1 of 3 pages
consignment. All payments for the delivery price of each
consigned good will be turned-over to the DISTRIBUTOR before or at the
end of this consignment agreement,that is at the end of the day of June 13,
2004.
THAT the turning-over of all payments and unsold goods by
the CONSIGNEE to the DISTRIBUTOR at the end of the day of June
13, 2004 frees the CONSIGNEE from all obligations from this agreement,
hence referred here as the CLOSING of the CONSIGNMENT AGREEMENT.
THAT the total amount of the CONSIGNED GOODS should
not exceed six hundred pesos(Php 600.00).
THAT the CONSIGNED GOODS be delivered in perfect
quality, fresh and free from any defects and has passed sanitary standards set
by the Department of Health at the beginning of the day of May 29, 2004,
Saturday, at MZ
Billiard Amusement 9, to be referred herein as the place of
consignment, located at #846 Aurora Blvd. Corner C.Benitez St., Barangay
Kaunlaran, Cubao, Quezon City owned by Maricel Zamora, married,of legal age
and residing at Luzon Ave., Quezon City.
THAT the place of consignment is also the place where the
consigned goods will be sold at a price considered reasonable by the CONSIGNEE
but higher than the delivery price determined by the DISTRIBUTOR.
THAT in case of change of place of consignment, the CONSIGNEE
will notify the DISTRIBUTOR by telephone or/and in writing about the
changes.
THAT the delivery price of each consigned good is Five
Pesos and twenty five centavos(Php 5.25) per bottle for a 330 ml. bottle
and Eight Pesos and sixty seven centavos(Php 8.67) per bottle for a 550
ml. bottle. And this is the price for the consigned goods to be collected by
the DISTRIBUTOR at the CLOSING of the consignment agreement. The
delivery of the consigned goods at the place of consignment does not signify
the consigned goods are sold as delivered. But the unsold goods can be returned
to the DISTRIBUTOR at the CLOSING of this consignment agreement
in good form and perfect condition without any charges for the returned goods.
Loss of consigned goods are the responsibility of the CONSIGNEE hence
they are good as sold and the delivery price will be paid by the CONSIGNEE.
Page 2 of 3 pages
THAT no stipulation of this written agreement can be
violated by any party, CONSIGNEE or DISTRIBUTOR, without
rendering it invalid and any violation thereto will constitute BREACH. Hence,
the AGGRIEVED party, by rule of court, should and must be compensated
but the compensation should not exceed the total amount of the delivery price
of the CONSIGNED GOODS or should not exceed six hundred pesos (Php
600.00).
IN WITNESS WHEREOF, this written agreement is signed
and properly witnessed this 29th of May, 2004, Saturday at Cubao,
Quezon City duly notarized and the signatures of the DISTRIBUTOR, CONSIGNEE
and witnesses, including a documentary(BIR) stamp properly affixed and
cancelled on the document.
SIGNED:
________________________ _________________________
NICOLAS CAPISTRANO GEORGE C. PALAGANAS
________________________ _________________________
First Witness Second Witness
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