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HomeMy WebLinkAbout1192 The per pound solids price will be based upon chilled juice sales and will be arrived at as follows: The average net amount reoaived F.O.B. Bradenton, Florida per gallon of all the chiller wh i grapefruit juice sold by the Buyer between September 1 and August 31 (after the above deductions) will be multiplied by the number of Rallons yielded by all of the. vh i to grapefrruit reoraved from all sources. Then, the per pound solids price for all suppliers equally will be arrived at by dividinganch total price by the number of pounds of solids in the total gallons yielded. The amount owed by the Buyer to the Grower for the white grapefruit will be the price per pound of solids thus arrived at, times the pounds of solids yielded by the white grapefruit delivered to and received by the Buyer from the Grower. From this final price there shall be deducted before payment, any cost of picking, loading, or transporting that may be due to the Buyer and lees and advances made and less the proportionate amount of any State or Federal tax measured by the amount of fruit bought or processed by Buyer. Payment due at such time will be made within 30 days of its determination. The amount due for the ~rh its grapefruit shall be the final price for all white grapefruit 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 October 15, of the preceding growing season. This agreement will bebinding upon the Buyer only after it has been signed by the authorized officer of the Buyer. Determination as to classification, or as to quantity of fruit received, or as to pounds of solids shall be as reported by daily teats made by Florida State Inspectors, stationed at the premises of the Buyer. Determination of the gallons of juice yielded will be the amount of juice recovered by using the Buyei s production records, but the Buyer will not deduct for spoilage, breakage or any other lose of juice .after the fruit has been accepted and packaged by the 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 numberof pounds of solids received from the Grower sa reported by U.S.D.A. daily report. The figures submitted by Buyer will be certified to by s C.P.A: firm. In the event that the Grower wishes to question such figures, he must do eo within a period of thirty (30) days of ouch notice; otherwise such figures shall be final and binding. The within Agreement is for the growing seasons beginning with the 1978-1979 season and will be continued thereafter until one of the parties gives to the other noticeby 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. Grower may not validly send any such notice while Grower is indebted to Buyer. If after the 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 September 1 through July 30 each year. Notwithstanding the above, Buyer ahaU have the right to increase the deduction for theoperating a:penses ae set forth but only to the extent that such costa are incurred by Buyer. Buyer shall notify Seller in advance of any growing season that such increase will be ~ deducted. Grower warrants good title to the groves described in this Agreement and to the fruit produced in said groves, with lawful right to enter 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. ~ KAY TWO GROVE, LTD. ` _ A Florida Limited Partnership g h'itneases Signatures: t ' / ~ ~ 7 Grow his Authorized Agent x //~%Z-L% ii~ ,t~~~ ,~,i P. O. Box 1120 r ~ Address ~i Ft. Pierce, Florida 33450 _ TH1S STR(jMEdt PR Aa owner of the above grove, I join in the action of the ~ independent dealer who signed the above as "grower," including all representation, agreements and receipts. _ T ~ ~•P~ P~C.L JCTJ Payment for the fruit may be made by the buyer directly to P. 0. f3:Y, 3;;3 }rre. the dealer. rt , t}R~ ~c~ Owner ~ ~,t, ~ TROPICA PRODUCTS. INC. By A. Barnebey, resident 600Jt~1. / f AGE~~ ~3?'!