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HomeMy WebLinkAbout1101 , ~ i i ~ 3 , 'ILe per pouad aolids price will be based upon chilled 'uice sales nnd will be ~rrived at as tollows: The average net price per ? Ralton of all the rhilled juice sold by the Buyer between ~mber 1 nnd ~inrch 31 (n(ter the nbove deductions) will be multiplied by the number ot gallons yielded by aU of the early and mid-aeason (ruit teceived (rom all source3. Then, the per pound eolida price tor all suppliers equally wiU be arrived at bv dividing such total price by the number of~o unds o[ soiids in the total gallons yielded. The amount owed by the Buyer to the Grower for the e~rly ~nd mid :ae:~.4on fruit will be the price per pound ot solida thus ; •~rri~~ed ~t, times the pounds of solids yielded bv the early and mid-~ea~on (ruit delivered to and received by the Buyer irom the ~ Grower. From this finat price there shall be deducted, before ~iyment, any cro~t ot picking, load'eng, or transporting that may be due to ~ the Bu er and less an advances maar und les,4 the ~ y y per box nmount of lhe Staite Adverti.aing Tax. In arriveng at the price for the second cnte~ory o[ fruit descrihed above, that 4~ the lafe sea.con fruit, the same method shAll be ? used, except that it shall be based upon chilled juice sold 6y the Buyer betw•een April 1 and November 30. The amount due for the two categories shall be lhe final price tor all orungec recei~•ed by the Buyer from the Grower for the ' se~on. Promptiy atter a determination of such final pricr. the partiec shall, by p:~ymcnf, settle ihc amounts due between them by .lanuary 15. This agreement will be binding upon the Buyer only after it has been signcd by one o[ the Buyet's otficera Any detetmination as to classi&cation, or quantily of (ruit received, ar to gallonage ~nd/or pounds o[ solids shall be as re- ~>orted by daily tests made by Florida State Inspectors, stationed at the premi.~ of the Buyer. The Buyet is r~es}wnsible tor a11 juice , from the Gtower's fruit ~s reported by said inspectors and Buyer will not deduct for a~~oilaRe, breakage, ~r :u~y other loss of juice oc- curring a[ter the fruit has been received and accepted by Buyer. rt The Buyer will submit to the Grower a figure determined by Buyer to !~e Ihe per~o und ot solids pri~~e for ihe season and the num- ~ her o[ pounds o[ solids received [mm the Grower as reported by U-S.D.A. daily report_ The Sgures submitted by Buyer wilt be certified to by a-C.P.A_ 6rm_ In the event that the Grower wuhes to question such figutr~, he must do so within n~~eriod ot ihirty (30}. days of cuch notice; olhemise such Sgures shal! be finat and binding. In the event that the Grower wishes to question Buyer's Sgures; he may do so by aNpoiniing a firm of certified public account~~nts who shall have ac~rs.4 to such of lhe records of Buyer s~s s}wll be necessary tor such a determination, provided such firm of certi6ed public accountants shall 6nve submitted to the Ruyer within the thirty (30) day period a written statement to the efTect that nothing wil) be revealed to any person, firm, or corporation, including the Grower, except a statement that the Buyer s 6gures are accurate or inaccurate and, if the I:~tter, wherein they arn inacrurate. Such detetmina- tion shAll be at the expense of the Grower. The within Agreement is to continue until one of the parfies gives to the other noti~~e by registered or certified mail ot its intention noi to continue [or ihe ne:t season starting October 1. For such notice to he efiective, it muxl be sent not laiter than June 30. Grower may not validly send any such notice white Grower is indebted to Buyer_ t( :dter the final determination o[ amounts due between the ~~arties it shall develop that one of the parties hereto is indebtecl to the other, the foregoing notice of terminalion, if sent by the debtor, shall not he effective until sa"id debtor shall make full payment to the creditor. The gruwing se:~son shall be the period from Ortober 1 through July 15 of each year. Gmwer warrants good title to the grovez described in this Agreement and to the fruet ~~roduced in caid ~rove9, with lawtul right to enter into this Agreement and Grower warrants that the truit will be free of any and all lienc and claims. The individuaLs signing this Agreement on behaif of the Grower represent that they have authority to do so. ~ ~ s , i ~ ~ ~ . fi Witnes.4es: Signatures: ~I~~ Z~i• s . ~ ' ' _s.~- ~S rower or his Authorized gent 7 t ~~4.t 2s u~:~~ ~ P~ B0~ ~ S Address ~ ~ ~ : • ~ 1~~-~!~fL'.fi~~- F'C• Pi+~r~~~ Fl~~du ~ ~ As owner of the abo~•e grove, I join in the action of the ~ independent deafer who signed ihe above as "grower;' s including all representation, agreements and receipta. ~ Payment for the fruit may be made by the buyer directly ~ to the dealer_ . . . ~ i - - , ~ `..f ~ t OWII@L _ . - 4 _ ~ TROPICANA PRODUC'I'S, INC. _ ~ ~ ~ Ry ~ ~ - # , - ' Presidetit 3 / - • ~ ~ _ ~ BOOK PACf 1100 ~ _ _ _ _ . _ . . z