HomeMy WebLinkAbout1584 The per pound solids rice will be based upon chilled juice sales and will be arrived at as follows: The average net amount received per
gallon of all the chilled 'nice sold by the Breyer between December 1 and March 31(after the above deductions) will be multiplied by the
number of gallons yiel~ed by all of the early and midseason bait received from all sources. Then, the peg pound solids pp~rice for all _
suppliers equally will be arrived at by dividing such total price by the number of pounds of solids in the total gallons yielded.llte amount
owed by the Buyer to We Grower for the early and midseason fruit wtU be the price per pound of solids thus arrived at, times the pounds of
solids yielded by the early and midseason fruit delivered to and received by the Buyer firom the Grower. From this Seal price them shall
be deducted, before payment, any cost of picking, loading, or transporting that may be due to the Buyer and less any advances made and
less the proportionate amount of any State or Federal taz measured by the amount of fruit bought or processed by Buyer. Payment due at
such time will be made within thirty (30) days of its determination. .
In arriving at the price for the second category of fruit described above, that is the late season fruit, the same method shall be used,
except that it shall be based upon chilled juice sold by the Buyer between April 1 and November 30.
The amount due for the two categories shall be the final price for all oranges received by the Buyer from the Grower for the season.
Promptly after a determination of such final price, the parties shall, by payment, settle the amounts due between them by January 15 of
the preceding growing season. This agreement will be binding upon the Buyer only after it has been signed by one of the Buyer's officers.
Any determination as to classification, or quantity of fruit received, or as to gallonage and/or pounds of solids shall be as reported by .
daily teats made by Florida State Inspectors, stationed at the premises of the Buyer. The Buyer is responsible for all juice from the
Grower's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or any other loss of juice occurring after
the fruit has been received and accepted by Buyer. -
The Buyer will submit to the Grower a figure determined by Buyer to be the per pound of solids price for the season and the number of _
pounds of solids received from the Grower as reported by U.S.D.A. daily report. The figures submitted by Buyer will be certified to by a
C-P.A. firm.
The within Agreement is for the prnwing seasons beginning with the 1978-1979 ~,.,,,,n and will be
continued thereafter until one of the parties gives to the other notice by registered or certified mail of its intention not to continue for the
next season starting October 1. For such notice to be effective, it moat be sent not later than June 30 before the ne:t growing season.
Growermay not validly send any such notice while Grower is indebted to Buyer. If afterthe final determination of amounts due between
the parties it shall develop that one of the parties hereto is indebted to the other, the foregoing notice of termination, if sent by the debtor,
shall not be effective until said debtor shall make full payment to the creditor. The growing season shall be the period from October 1
through July 30 each year.
Notwithstanding the above, Buyer shall have the right to increase the deduction for the operating a:penaea as set forth but only to the
~ extent that such costs are incurred by Buyer. Buyer shall notify Seller in advance of any growing season that ouch increase will be _
deducted.
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Growerwarrants good title to the groves described in this Agreement and to the fruit produced in said groves, with lawful right to enter
s into this Agreement and Grower warrants that the fruit will be free of any and all liens and claims. The individuals signing this
Agreement on behalf of the Grower represent that they have authority to do so.
~
Herman Heise
~ti itneasea: Signatures:
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Grower o Ear- indsey
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t ~ - ~ ' ' ' ~ ~ ~ ~ Address 1395 34th Avenue
a
_ ~ Vero Beach, Florida 32960
As owner of the above grove, I join in the action of the -
independnt dealer who signed the above as "Grower," "
~ including all representation, agreement and receipt.
_ - Payment for the fruit may be made by the buyer directly to
T~~PI Ai~iA P:':Ju:~ i IfaC. the dealer.
~ s . J Owner
t;~-„fl~,,'IrJ~r, rLURIDA 33506 -
~ :'ti'-' - TROPICANA RODUCTS, INC.
i7 ~d'
- By .
O K. A. Barnebe resident
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