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HomeMy WebLinkAbout0059 . . ~ The per pound eolidapr~ce will be based upoa chilled juice sales and will be arrived at as foUows: The average net amount received per gaUon of aU the chilled 'uice eold by thc Buyet between December 1 and March 31(aft~r the above dcductiona) wiA be mulliplied by the number of gallons yiel~ed by all of the eady and midaeason fruit received fmm all wurces. Then. theper und solids pnce for all euppliers equally wiU be arrived at by dividing such total prioe by the number of pounda of solida in the total g lons yielded. The amount owed by the Buyer to the Growa for the eariy and midseason fntit will be the price per pouad of solida thua arrived a~ times thepounda of solids yielded by the early and mi~season fntit delivered to and reoeived by the Buyer from the Grower. P1rom this final price there shall be deducted, before payment, any cost of picking, loading. or traneporting that may be due to the Buyer and leee any advancee made and leas the pmportionate amount of any State or Federal tas meaeured by the amount of fruet bought'or pra.~eesed by Buyer. Payment due at such time will be made within thirty (30) days of its determination. In arriving at the price for the aecond category of fruit described a6ove, that ia the late eeason ftuit, the same method ehall l~ uaed, except that it ahall be baeed upon chilled juice sold by the Buyer between April 1 and November 30. The amount due [or the two categoriea ahall be the final price for ell oranges received by the Buyer from the Grower for the season. - t'romptly aRer a determination of such final price, the partiee ehall, by payment, settie the amounta due between them by January 15 of the preceding growing season.'l7~ia agreement will be binding upon the Buyer only after it has been aigned by one ofthe Buyei e oi~icera. My determination ae to claseification, or quantity of fruit received, or as to gallonage and!or pounde of solide ahall be as reported by daily teata made by Florida State Inspectors. atationed at tne premieee of the Buyer. The Buyer ie reHponeible for aU juice from the Grower'e (ntit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or any other loae of juice occurring after the truit has been received and sooepted by Buyer. The Buyer vrill submit eo the Grower a figure determined by Buyer to be the per pound of aolids price for the eeason and the numberof pounda of aolida received from the Grower as reported by U.S.D.A. daily report_ The figures aubmitted by Buyer will be certified to by a C.P.A_ firm. The within Agreement ia for the Q.,,~ng eeaeone beginning with the 1978-1979 „~,~n and will be continued thereafter until one of the partiea givea to the other notice by regiatered or certified mail of ite intention not to rnntinue for the ne:t season starting October 1. For auch notice to be. effective, it must be aent not later than June 30 before the ne:t growing eeaaon. - Grower may not validly eend any auch notice while Grower ia indebted to Buyer. If atter the final determination of amounte due between the parties it ahall develop that one of the parties hereW is indebted to the other, the foregoing notice of termination, if sent by the debtor, ; shall not be effective until eaid debtor shall make full payment to the creditor.lT~e growing aeaeon ahall be the period firom October 1 thmugh July 3o each year. i € Notwithatanding the above, Buyer ahalt have the right to increase the deduction for the operating eapenses as set forth but only to the extent that auch coats are incurred by Buyer. Buyer ahall notify Seller in advance of any growing aeason that such increase will be j deducted. I : ' Grower warranta qood title to the gtovee described in this Agrcrment and to the fruit produced in eaid groves, with lawful right to enter ~ into thie Agreement and Grower warrants that the fruit will be free of any and a11 liene and claime. The individuala aigninq this ~ Agreement on behalf of the Grower represent that they have suthority to do so. - EDSALL GRONBS, INC. R. S. Sdsall, Jr., Agent ~ VNit eseea: Signat ~ ~ Gro er h~a thorized Agent i: ~ Addreae Route 1, Box 301 ; ; ~ ~ e Vero Beach, Florida 32960 - ~ TNIS STRUMENT PREPARED BY: As owner of the above grove, I join in the action of the € independnt dealer who signed the above as "Gmwer,° ~ including all repreaentation, egreemente and receipte. ` ~ Payment for the fruit may be made by the buyer directly to f TR~P1 ~1A PRODUCTS~ INC. the dealer. sa P~ ~ Owner Bit. D~~1? {?n,= ~~.ORI DA 33506 . } ~ _ = . , ' i TROP[CANA PRODUC7'S, INC. ~ V`_ ~ { ' B t, ma o t e ar , a . ~ - i~(~LM!~ ~8E ~ . ~ _ - _ . - - - ~ F 2 ~ ,r,-' E = ~•~E ~ ~ - a~;:.::..= . _