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HomeMy WebLinkAbout1098 ~ ; ~ _ ~ . 1 ~ ~ , The per pound aolids price will be ba4ed upon chiUed juice salea and will be arrived at a.4 tollows: The average net price per ~;:illon of all the chilled juice sold by the Buyer between December 1 and 141anh 31 (a(ter the above deductions) will be multiplied I,y the number of gallons yielded by all o( the enrly and mid-senson (ruit mceived from all sources. Then,;~,pe~t_pound solids ~~rice tor all supplicrs eqaally will be arri~ed at bv dividing such total price by the• number of ~ounda of solids fi~lfie total gallons >~ielded. The amount_owed by the Buyer to lhe Grower for ihe early ~nd mid-sea.~on truit will tie the price per pound n[ solids thus arreved at, times ihe pounds of solids yielded by the enrTy a- n~ii mid-se:~s~n ru~ eiivered to and received-~y i e uyer t~am itre- - (;roKer. From fhis finnl price there shall be deducted, before ~h-~~~ment, any cagt of picking, la~ding, or trans~~oriing thAt may be due to the Buyer and less any advances made and less ihe per box ~mount of lhe St:~te Adverti.ging Tax. i In arrivinR at the price (or the serond cnteRory of (ruit de_ccribed :itwve, that is the late season fruit, ~the same' method shall be ~ u:ed, except that it shaU be based upon chilled juice sotd by the Buyer betv?•cen Aprit 1 and November 30_ ; The amount due !or the two categories shall be the 6na1 price tor all orangez mceived by the Buyer [rom ihe Grcwer for the i ~eason. Pmmptly after a determination of such 6na1 price, the {k~rt~es shaU, by ~~:~yment, setUe the amounts d!~e betv`een them by ' •ianuary 15. This agreement will be binding u~~n the Buyer only atter it h~ been signcd by one ot the Buyei ~ oifiters. ~ Any determination ~w3 to cl~ssification, or quantity of (ruit receivecl. or as to Rallon:~ge and/or ~wundc of solids shall be as re- i ~~ortcd by daily tests made by Florida State Inspectors, stutioned at the pmmi~es of the Bqver. The Buyer is rea~~wfsih7e for all juice lrom the Grower's ftuit as reported by said inspectors and Buyer will not deduct for s~?oi1:~Re, bre:~kage, or any other loss of juice oc- ~~urring after lhe fruit has been received and accepted by Buyer. , The Buyer wiil submit to the Grower a figure delermined by Buyer to I~e the ~~er ~~ound o( wlids price (o~ the ~ason and the num- ~ ber of pounds oi solids received from the Grower as reported by t1.S.D.A. daily re~wrf_ The figures Rubmitted by .~µr~er ~yill be ~erti6ed ~ t~ bv a C.P.A. firm_ In thr event that the Grower wishes to question such fiRures. he must do so withen a period o~ thirty (30) days o[ a ;uch notice; otherwise such figures shall be 6na1 and Linding. In the event that ihe Grower wi.qhe~ to question Buyrr s figures, he may do so by appointing a firm of ceriifie.~ public pccountanta who shail have ~ccr~.-~ to Ruch af the records of Awer :i.K shall be necessary - (~~r such a determination, provided such 6rm of certified }~ublic accountants sh:~ll have suhmitted to the Ruyer within lhe thirty (301 day period a N~ritten statement to the effect that nothing will be revealed to any ~~enan, firm, or corpontion, including the Grower, ~~xcept a statement that the Buyer's figures are accur.~te or inaccurate and, if the I:~tter, wherein they are inaa•urate_ Such determina- tion sh~ll be at the expense of the Grower. The within Agreement is to continue until one of the parties gives to the olher notice by registered or certifietl mail ot ita intention ; not to continue for the nezt season starting October 1. For such notice to be effec~ve, it.must be sent not later than June 30. Grower may not validly send any auch notice while Grower is indebted to Buyer. If after lhe fin:d detcrmination of atnountr due b¢tween the f ~~arties it shall develop that one of the parties hereto is indebted to the other, the toregoing notice o[ termination, if sent by the , d e b t o r, s h a l l n o t b e e f i e ctive until said debtor shall make ful[ p~yment to lhe c•reditor_ The growing season shall be the period (tom k October 1 throvgh July 15 of each year. ~ Grower warrants good title to the groves described in this Agreement and to the fruit prudured in s:~id groves, with lawtul right t~~ er.ter into this Agreement and Grower warrants that the (ruit will be free o( any and all liens and claims. The individuals signing ~ this Agreement on behalf of the Gmwer represent that ihey have authority to do so. ~ . • ~ ; ~t•itn ~ Signatu • FR CORP'G~iA'PION ~ ~,~,A., _ e r~-e o-e ~Z_ _ - _ ~ . ~ Gro er i uthori Agent ~ ` ~ % P. 0. Box 3286, th Indian River Drive ~ -_Y<~ li-- - ~ naa~ Per~e ` ~°~ci, Florida ~ - ~ As owner of the abo~•e grove, I join in the action oi the ~ ~ inde~>endent dealer who signed the ~bove as "grower." ~ inc[uding all reprc~entation, agreements and receipts. = Payment tor the fruit may be made by the huyer directly - _ . to the dealer. t~ :-N f-? '::3 - Owne* ~ ~ . i ~ • F, " . F~ TROPICANA PRODUGTS, INC. ' • _ _ : i" . - 's ~ / - ~ . . . ~ %J - ~~~t~'~~ By ' : - ~ $resid~n0 . ` ~ - v . ~ " • . # ; ~ BOOK ~=r~~ ° R 183 PACf 1097 ` ~ . .