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HomeMy WebLinkAbout1100 tI~' / ~.90'755 THIS AGREEI~iENT, made this day of ~0'""~ 19 b9 between ~~Q~~• ~i~~ ~ F• I~It1+Wdl11~1~ Ni~111~~' /9' ~ 7 7, or P. 0. 8oac 371~. F'`. Pi~ra~. Flor3+da - - (heminafter called the Grower), and TROPICANA PRODUCTS. INC., ot Bradenton, Florida, the Buyer. WITNESSETH: That the Gmwer, for and in consideration of the payments received and to be received, as hereinafter recited, has agreed and _ does hereby agree to sell to the Buyer all early, midseason and Valencia oranges of good wholesome, memhantable and marketable quality from the grove or gmves hereinaiter mentioned. The truit to be purchased, all of which fruit is to be of good. wholesome, merchr.ntable snd marketable quality, is as follows: i Z1~000 b0oa~ Ot HAI~IISr iLd PDiE?PPI.E ~1R~E$ Ot th~ 1969-1970 aN~~ t0 b~ d~11~a'~d ~ b~ N~rcb l, 19T0. ?1~~68 boaai Y~I~CL ~A~GES ot tL~ 19d9-19?'0 to b~ d~li~~od ~ J~ 30~ 19T0• , ; 3 ~ ~ i i ' ~ E ~ ~ j I E i f i No fruit from any of such grove, is to be sold or delivered by the Grower to anyone other than the Buyer, without Buyei s written petmis.~ion and this entire a~reement i. to be 1 lien upon the fruit produced in the above gmve or groves, itrespective of any subsequent transfer of title to them. In ihe event of any attem~~t to so sell to another, the Buyer shall be entitled to injunctive relief and if any such ; ~ sale or delivery i~ consummated, the Grower shall ~my to the Buyer 6tty (50~) cents per boz for each bo: thus sold or delivered, the i parties agreeing that suc•h is a fair ectimate of the loss to Buyer for failure to obtain such boxes of fruit. If fire, strike, Act of God, etc. } prevents Buyer from acce~~ting any o[ Grower's (ruit, Buyer will permit Grower to sell elsewhere the amount of frait that Buyer is so preceated (rom accepting- Th~ fruit is to be picked by Grower and is to be delivered hy Grower to Buyer s processing plant. In the event that, through ~ circumstances beyond his control, the Grower shall be unable to pick and load the fruit, the Buyer shall have the right to do so, charg- ing the Grower for such service at Buyer's cos~ In the event that, for reasons beyond Growei s control, Grower shalt be unable to transport ihe fruit, Buyer shall ha~•e the right to trans{wrt the fruit nnd to charge Grower transportation costa of fi[teen (15~) cents ~~er mnety (90 Ib.) pound twx. In fwth c:~.~es, this shall be Buyer s right, but not obligation. The frnit is to be picked and delivered ~ ~ :~s and v?hen designated by Buyer but in this respect Buyer will do his best to accommodate himself to the oonvenience of the Grower, ; the picking and deiivery to t~e completed on or belore July 1 of the season in question. The Buyer shall have the right, buf not the ; obligation, to take fruit having degrees Brix lower than 9.5°. He shall have the right, but not the obligation, to take Irnit having a ~ ~ Brix acid ratio of aower than 11 to 1 up to January 1 of each growing season and lower than 12 to 1 atter January 1 of each growing season. Buyer will not be required to take any Temples. Murcotts. Tangelces or Navel Oranges. ~ ~ The truit is to he ~h~id for as tollow~: The Buyer will advance the Grower weekly tor all truit delivered during that week at lhe rate + ~ of 80 jo of Ba~ers' spot market price ~~er pound of solids ~t the time of delivery. This is to be known as the "tentative price:' In the event ~ that the fruit h~s t?een picked or transported, or both, by the Buyer, ihe charges for such service as set forth above are to be deducted f - from the "tentative price" before payment is made. The final price to be paid to the Grower wili be ba,sed upon the amount received by the Buyer far the chilted orange juice sold. All ftuit received from all sources (including Tropicana a own oranges, and all the ` oranges they may buy) will be used in computing price and all suppliers will be trnated equally. The price for fruit classiSed as ; ? early and midseason fruit will be determined as one category and the price for fruit classified as late season fruit will be determined as a ~ ~ separate category. The price tor the first category (early and midseason truit) will be computed as follows: the Buyer will deduct lrom his selling price (F_O-B_ Bradenton, Florida), certain items of cost and pro6t as follows: : ~ ~ i 1. For operating expenses, including plant. storage, (reezing, warehousing, selling, administration expenses, etc. 58~ per case of chiUed juice sold - ~ 't' 2- For packaging materials. market price of the foregoing i items or similar packaging as ~ determined by Buyer (not to be determined by prices charged by - affiliated companies) 3. Profit _ BOOK~83 ~~~~9 3% of F.O.B. eelling price .4 ~ ''j ~ y.i . S~ . . . . ~ . _ - . "5 . . . . . . ' . . . ~ . ' - ~ = 4 ux'~u ~ _~"4.:' . . , _ < ~ - . . _ . a.