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HomeMy WebLinkAbout0737 r i • - The per pound solids price will be based upon dulle~~~ales and wiU be arrived at as follows: The average net amount reoeive3 j F.O.B.Bradenton, Florida pergallon of all the dWl~ grapefruit juice sold by the Bayer between September 1 and August 31 (after the above dednotioue) will be multiplied by the number of Gallons yielded by all of the white from all sources. Then, the per pound solids price for all suppliers equally will be arrived at by dividin each total priceby the number of pounds of solids in the total gallons yielded. The amount owed by We Bayer to the Grower pefrnit will be the price per pound of solids thus arrived at, times the pounds of solids yielded by. the ~pehnit delivered to and ~ received by the Buyer from the Grower. From this final price there shall be deducted before paymcet, any oast of piclung, loading, or _ transporting that may be due to the Bayer and lees and advances made and lees the proportionate amount of any State or Federal tax measurod by the amount of frail bought or processed by Buyer. Payment due at soda time will be made within 30 days of its determination. The amount due for the white grapefruit shall be the final price for all white grape$uit received by the Buyer from the Grower for the season. Promptly after a determination of such final price. We parties shall, by payment; setae the amounts due between them by October 15. of the preceding growing season. This agreement will be binding upon the Bayer only after it ` has been signed by thx authorized otfioer of the Brayer. Determination as to dassification, or sa to quantity of fruit received, or ae to pounds of solids shall be as reported by daily testa made by Florida State Inspectors, stationed at the premises of the Bayer. Determination of the gallons of juice yielded will be the amount of juice recovered by using the Buyer's production records, bat the Brayer will not deduct for spoilage, breatage or any other loss of jmce after the fruit has been accepted and pactaged by the Bayer. ° 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.DA. daily report. The 5gnree submitted by Boyer will be certified to by a C.PA. firm. In the event that the Grower wishes to question such figures, he must do eo within a period of thirty (30) days of each notice; otherwise such figures shall be final and binding. The within Agreement is-for the ~~g seasons R the 1979-1980 .aAeon 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 _ nezt season starting October 1. For each notice. to be effective, it must be sent not later than June 30 before the nezt growing season. Grower may not validly send any such notice while Grower is indebted to Bayer. If after the final determination of amounts due between the purlieu it shall develop that one of the parties heretois indebted to the other,the foregoing notice of termination, if sent by the debtor, - ehall not be effective until said debtor shall mate full payment to the creditor. The growing season shall be the period from September 1 through July 30 each year. ~ Notwithstandingthe above, Buyer shall have the right to increase the deduction for the operating e~cpeaeea as set forth bat only to the_ ~ eztent that such coats are incurred by Buyer. Bayer shall notify Seller in advance of any growing season that each increase will be deducted. Grower warrants good title to the groves described in this Agreement and to We fiuit produoexl in said groves,with lawful rigbtto enter into this Agreement and Grower warrants that the fnut will be flee of any and all liens and daims. The individuals signing this Agreement on behalf of the Grower represent that they have authority to do so. THIS INSTRUMENT PREPARED Br: ~ TROPICANA PRODUCTS. INC I~r1rr8TH A. rlolutls, ,>x. witnesses: P. 0. BOX 388 Signatures: I - BRADENTON, FLORIDA 3506 - - G G war cr his Authorized Agent ~ - P. O. Box 1917 r Aaar~eaa oero Beach, Florida 32960 ' As owner of the above grove, I join in the action of the • ~ ^er independent dealer who signed the above se "grower," inducting all representation, agreements and receipts. Payment for the fruit maybe made by the buyer directly to the dealer. ~ cut c~u i . Owner - J i ~ _,.r - - - TROPICA~T P U ,INC. _ r cL,,,~~F~~ _ _ By K. Barnebey - Proms ideal '