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HomeMy WebLinkAbout1095 - , , ~ ~ T6e per pound solids price will be ba.+ed upon chilled juice sales and vviU he arrived at as follows• The average net price per gallon oi s~ll the chilled juice sold by the Buyer between December 1:+nd Mnrch 31 (atter the above deductions) will be multiplied by the number of gailons yielded by all of the early and mid-se~son fruit received from all sources. Then, the per pound solids price for all suppliers equaUy will be arrived at by div~ding such totat price by lhe number of pounds of solids in the total gallons yielded. The amount owed by the Buyer to the Grower (or the early and mid-season fruit will be the price per pound of solids thus arrived at, times ihe pounds of solids yielded by the early and mid-season (ruit delivesed to and received by the Buyer [rom the Grower. From this final price there shall be dedu~:e~, txfore {xiyment, .~ny cost of picking, loading, or trans{wrting that may be due to the Buyer and less nny advances made and less the per box amount ot the St~te Advertising Tax. ~ In arriving at the price for the second category oE (ruit described above, thnt is the late season fruik the same method shall be used, e:cept ihat it shalt be based upon chilled juice sold by the Buyer between April 1 and November 30. ~ The amount due [or the two categories shall be the Snal price for all oranges received by the Bu~er from the Grawer for i~tie season. Promptl~ a(ter a determination of such Snal price, the part~es chall, by ~k-~yment, settle the ~mounts due between them by January 15. This agreement will be binding upon the Buyer only a[ter it has been signed by one of the Buyei s o9'icers. Any determination as to ctassi6cation, or quantity of iruit tecei~ed. or :~s to galionage and/or pourtds of solids shall be as re- ported by daily lests made by Florida State Inspectors, stationed at the ~~remisec o[ the Buyer. The Buyer ~s tesponsible for all juice from the Growert$ fruit as reported by said inspectors und Buyer will not deduct (or spoil:~ge, brnakage, or any other laea of juice ce- curring after the fruit has been received and accepted by Buyer. ~ The Buyer wiU submit to the Grower a Sgure determined by Buyer to be the per pound ot solids price for the sea9on and the num- ~ ber of pounds ot solids received from the Grower as reported by U.S.D.A. daity rnport. The figures submitled by HuYer wil! be certi6ed ! to by a C.Y.f~. utm. In the event that the Grower wishes to qu~tion such fi~res, he must do so within a perioti ol tRirt~r (30) days of • such notice; otherwise such figures shall be final and binding_ In the event that the Grower wishes to question ~qyer a Sgdres, he may ~ do so by appointing a 8rm of certiSed public accountants who shall have access to such of the record.a oI Beiyer as shall be necessary ~ (or such a determination, provided such 5rm of certiSed public accountants shall have submitted to the Buyer within the thirty (30) day period a written statement to the e~ect that nothing will be revealed to any person, 6rm, or corporxtion, including the Gmwer, e:cept a statement that the Buysr's figures are accunte or inaccurate and, if the I:~tter, wherein they are inaccurate~ Such determina- ~ tion shall be at the eapense of the Grower. ~ The within Agreement is to continue until one o( the parties gives to the other notice by registered or certified mail o[ its intention f ~ not to continue (or the next season starting October 1. For such notice to be etTective, it must be sent not laier than June 3Q. Grower ~ may not validly send any such notice while Gro~irer is indebted to $uyer. If after the final determination of amounts due between the ~ pariies it shall develop that one of the parties hereto is indebted to the other, the (oregoing notice of termination, i[ sent by the ~ debtor. shall not be effective until said debtor shs~ll make full payment to the creditor. The growing season shaU be the period imm , October 1 through July 15 of each year. _ ~ Grower warrants good title to the groves described in this Agreement and to the fruit produced in said groves, with lawful right ~ ~ to enter into this Agreement and Grower warrants that the fr~it will be free oi any and all liens and claims. The individuals signing ; this Agreement on behal[ of the Grower represent that they have authority to do so. ~ ~ ~ - ~ ~ ka i } ~yl~ ~ Signatures- ~~P IGLEHART 4 Grower or his A horized gent ~ ~ P. o. Box 368 ~ Address ~ O~tteechobee~ Florida 33472 ~ ~ - o f ~ As owner of the above grove, I join in the action of the _ independent dealer who signed the above as "grower; ' ~ - including all representation, agreements and receipts. ~ ~ Payment for the truit may be made by the buyet directly ~ to the dealer_ ' ~ ~ ~ . Owner ` : (;1?~ ~ T./ _ • r,: TROPICANA PRODUCTS, INC. ~ ~ ; - ! sx . x: - , , ~ u~.,~~ By ~ _ : = ` n.~ . - Presidant ~ . ~ ~ ~.!..•7: . . ~ ~ . ~ ~ ~ • Ur~ ~ - 800K ~vJ PAGE1~9~ t;: _ ~ _ _ ~ - , ~ , , _ _ _r;