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HomeMy WebLinkAbout0018 - ~ ~ st~0,2 R - TROPICANA ~'RODUCTS, INC~~. FRUIT PURCHASE CONTRACT Contract xa x 13 THI3 ACiIiEE~NT. made this da~ ot Au~t'~t 14 6G . be~ CRICAG4 - ST. LOCIB QtOVES Hotirard A. ~'E+~~~~~*R~ Jr., AQent P. 0. Bas 517, Fort Pierce, Florida (hereinaltez ~led tLe (3ro~. and TAOPICANA PRODUCTS. II~IC.. ot Bcadenta4 ~'lorida. tbe Buyer. WITNESSETB: T6at the Grower, foc and oonsideratioa at the p+~ymenb received and to be reoeived, as hereinatter recit~ed. bas s8~ b~7 +~i'e4 Eo sell t~ the Buyae all dtrw lfruit o~ l~ood whole~ome. merchaatable and aurketab2e quslity from the gi~ove or grova hereinaitar mentioaed. The ~vlt to be put~a~ed~ all o! ~vhich iruit L to be ot ~ood, wAolesama mezrbantaWe aad msrl~etaWe Qualib, is as tollo~rs: " . All of the ~iANGffi in the CAICAGO - ST. LUCIE (~tOVES kno~+n sa s HGOCffi 10, 12, 13, 14, 15 and 16 located appa~aaimately aeventesn niles north `reat of Fort Pierae, Flarida, One and one~alf milea aouth of Indrio Road in Saint Luaie Co'wYty. - , . . No Lvit from any oi such grovea is to be so18 ar delivered by the Gmwer to anyone other than the Buyer~ witkout Bu~yer's vvritten permiaaion. ~n the event oiany attempt to do so. ffie Bw~' shall be entit2ed to it~unctive relief and i! any such sale or delivery ia oonsunnmated, the GrQwer shall ~r to theg~r er (50~) ceataper bo: for each bwc thus sold or delivered, the pactiea g that auch ~ a iair eatimate o! the Ioas ~ ior isilure to obtaia such bosea of inti~ If iit+e, sttil~c~ Act oiaG~eta pr~eveaM Bt~yer ftbm acceA~B ~Y o~ Growe:'a iruit, Buyer will permit Grcwer to seU else~where that amouat o! truit that Buyer is ae prevented irom accep The fruit is, to be picked by Gmwer and ia to be detivered ~y Grow~ to er'a processing plank In the event thak throv,~h cuc~mnstances beyond his oontrol. the Grawer shall be unaWe to pi and load the ir~it, ffie Buyer shall have the nght to do so~ g the Grower for auch service at Buyer's ooak In the eveut that, far reasoai beyond Grower's oontrol, Grower~a~l~h~l b~e unable to transport the inut, Buyer ahall have the right to rt the iruit and to chazge Grower traa4~ortation costs oi ten (l~t) cents per ninety (90 IbJ Pound boz. In both ~aes~ shall be B~+er's ri~ht, but not obligaLon. The iruit is to be picked and delivered as and when designated by Buyer but iL this respect Buyer will do his best to aocommodate himseli to the rnnvenience of the Grower. the picking and delivery to be oompleted on or before July 1 oi the season in question. The Buyer shall have the right, but not tt~e obligatian, to take inut having - degrees Brix lower than 9.5' up to January 1 oi each growing season and lower than 9• after January 1 ot each growing season. He shall have the righ~ but not the obligation, to take iruit having a Brix acid ratio oi lower than 11 to 1 up to January I of :ach growing season and Zower than 12 to 1 after January 1 oi each growing seasoa $uyer vRill not be required to ta&eany Temples, Murcotts or Tangelces. The fruit is to be paid for as foUows: The Buyer will advance the Grower weeklp for all iruit delivered during that rveek at the rate oi twenty-iive (25) cents per pound solids. This is to be known as the "tentative price". In the event that the fruit has been picked or transported~ or bot6, by the Buyer, the char~es for such service as set forth above ate to be deducted from the "tentative price" before payment is made. The iinal pnce to be paid to the Grower will b~ based upon the amount received by the Ruyer for the chilled orange uice sold. All fruit received from all sources (ia- cluding TYapicana's own oranges and ali the ora=ges they may buy~ will be used in computin~. prioe and all suppliers will be treated equally. The price for inut classified as early and mid-season inut will be deternuned as oae category and the price for iruit classified as late season fnut will be determined as a separate category The price for the 8rst category (early and mid-season iruit) will be computed as follows: the Bnyer will deduct irom his selling price (F,O.B. Bradenton, Florida) certain items ot coat and pro5t as follows: 1. For operating pen mcluding Plant, storaBe. ireezing o! blocks, R?aret?ousing, s~e~lllingaadministration eapenses, etc. _ 52~ per case of product sold 2. For packaging, inciuding but not limited to bottle. cap, partitions market price oi the forego~'ng ` ~ ite:ns (not to be determined - bY Pri~a char~ed by atfili- ; ated companies) ~ S. Pto~t lOt P~ case oi product aold ~ The average net price per gallon of all the chilled juice sold by the Buyer between December 1 and March 31 (after the above deductions) will be multiplied by the number oi gallons ~ielded bq all of the early and mid-season iruit re- ceived from all sources. Then. the perpo und solids price for all suppLers equallp will be arrived at by dividing such total = price by the number oi pouncl4 of solids in t}se total gallons yielded. The amount owed by the Buyer to the Gmwer for ~ the eazly and mid-season iruit will be the price per pound of solids thus arrived ak times the pounds of solids yielded by ; the earlq and mid-season fnut delivered to and received by the Buyer irom the Grower. From this tia,al price there shall ~ be deducted, before payment, any co~t oi picking, loading, or transporting that may be due to the Buqer a,nd less any advances made and less the per box aaiount of tLe State Advertising Taa. In arriving st the price for the seoond category of fivit described above. that is the late season iruit, the same method shall be used, except that it shall be based upon products sold by the Buyer between April 1 and November 3Q. T6e amount due for the two categories shall be the final price for all oranges received by the Buyer irom the Grower for the season. Promptiy after a determination of such final price. the parties shall, by payment~ settle the amounts due between them by January 15. . Aqy determination as to classificationy or quantity oi iruit received. or as to gallonage and/or pounds of solids shall be as reported by daily tests made by Flonda State Inspectors stationed at the premises ot the Buyer. The Buyer will submit to the Gmwer a iigure determined by Buyer to be the per pound of solids price for the season and the nwnber of pounds oi solids received from the Grower as reporied by II.S.DA daily report, The tigurc4 submitted by Buyer will be certified to by a CPA firm. In the event that the Grawer wishes to question such~~~~, he must do ' so wittun a period of thirtq (30) days of such notice; otherwise such fipures shall be final and bincling, .In ttie event that the Grower wi4hes to question Buyer's figurr~ts, he may do so by appointing a Srm of certified public aooountatits who shall ° have access to such of t6e records of B~yer as shall be necessary for such a determinatioq provided such tirm oi certified ; public accountants shall have submitted to the Buyer within the thirty (30) day period a written statement to the eifect that nothing will be revealed to any n, firrn, or corporation, inclu E ding the Gmwer, except a statement that the Buyer's figures are accurate or inaccurate an~the latter~ wherein they are inaccurate. Such determination shall be at the ea- pense of the Grower. The within Agreement is to continue until one oi the parties gives to the other notice by registered or cert'if'ied mail of- its intention not to continue for the next season starting October 1. For such notice to be effective. it must be . sent not later than June 30. Grower may not validlq send anq such notice while Grower is indebted to Buyer, The ~ growing season shall be thepen od from October 1 through J 15 of each year. Grower warrants .good titie to the groves described in this~greement and to the fruit produced in said groves, with lawful right to enter into this Agreement and Gmwer warrants that the inut will be free oi any and all liens and claiais. The indiv~duals signing this Ag~reeaient on behali oi the Grower represent tEiat they have suthorifq to do ,ao~ Witnesses: Signatures: ~ - Agent - Address Fort Pierce, Florida 4 TROPICANA PAODUt,TS, INC. $oo~ ~.~v~ - ~ _ : _ - r~- ~;n. a.r M' ~ i. p ~ - ° '