Loading...
HomeMy WebLinkAbout0741 - _ i _ ! - t - - _ _ - _ ' - - - ~ - 5. The per pound solids price will be based upon chilled juice sales aM will be arrived u as follows: The average net amount received per ~ gallon of all the chilled juice sold by Buyer between December 1 and Much 31 (after the wtharized deductions) wtll be multiplied by the ' number of gallons yielded by all of the early and midseason fruit received from all sourtxs. Theo, the per pounds solids price fa atl suppliers equally will be arrived u by dividiagg~ march total price by the number of pouadsof solids in the rani galbns yielded. The amount owed by Buyer to Grower for the early mid-season fnrit will be the price per pound of solids thus arrived u. times the pounds of solids yielded by the euly and midseason fruit delivered to and received by Buyer. From the wcekly advatrcea. and if say sdvatrces are not made weekly. from the final price, there shall be deducted, before payment. any advatrces made less the proportionate amount of say State or Federal tax measurod by the stnount of fruit bought ar processed by Buyer. sad any amount due pursuant to puagraph 3 of Ehis eontcact. Payment due at such time wtU be made within thirty (30) days of its determination. _ t ~t 6. In arriving at the price for the late season fruit the same method stiall be used as is steed in paragraph 4 and S, except that it shall be- based upar chilled juice sold by Buyer between April 1-sad, November 30. 7. The amount due far the two cuegories of tnrit shall be the f5oa1 price for all fruit received by Buyer from Grower for the season. Promptly sfttr a determinati~ of such final price. the parties shall, by payment, settle the amounts due betwcen them by laauary 1 S of the next ~ growing season. - _ 8. Tlris contract will be binding upon Buyeronly after it has been signed by one of Buyer's officers. _ , 3;. 9. Any dtici minuion as to classificuion, ar quantity of fruit received. or as to gallonage and/or pounds of solids shall be as reported by - ~ daily tuts made by Florida Department of Agriculture Inspectors, stationed u the premises of Buyer. Buyer is responsible far a!1 juice from Grower's fruit as reported by said inspectors and Buytr will cot deduct forspoilage, breakage, ar say other lossof juice occurring after the fruit has been received and accepted by Buyer. _ - 10. Buyer will submit to Grower a figure determined by Bnyer to be the per pound of solids price for the season and rite number of pounds of solids received from the Grower. The per pounds of solids received wilt be as reported by the Florida Department of Agriculture daily reports. _ The figures submitted by Buyer will be certified by a C.P.A. fem. _ 11. The within Agreement is for One growing sensors beginning with the 1979-1980 season am ~,y as ~ j terminated dwing that period unless agreed to in writing by Bnyer and Grower. It will be rnntinued thereafter until one of the parties gives to 3 the other notice by registered or certified mail of its intention rat to cootiwre for the next season starting October I. F'or such notice to be effective. it must be seat not later than luxe 30, before thenextgrowing aea.,on.The g?= tiring season shall be the period from October l through . • July 30 each year. If after the fmal determination of amounts doe between the parties it shall develop that the Grower is indebted to the Buyer, the foregoing notice of termination, if sent by the Grower, shall cot be effective until Grower shall make fnU payment to the Bayer. - 1. ` _ ~1: 3 t 12. Notwithstanding the above, Buyer shall have the right to increase the deduction for the operating expenses as set forth but only to the extent that such costs are incurred by_Buyer. Buyer shall notify Grower in advance of any growing season the such increase will be deducted. I - ; 13. Grower warrants good tick to the groves described in this c~tract, std to the fruit ptoducod ra sad groves, with lawful right to enter into ~ this contrail and Grower warrants that the fruit will be free of any std all liens amd claims. The individuals signing ttis contract on behaiiof :•irower represent the they have authority to do so. ~ - - t 14. Buyer aril Grower agree the should legal action be brought to enforce the terms of this contrail. it may be brought in Bradenton, Manatce County, Florida. It is also agreed that should either party be required to bring legal action to enforce the terms of this wrttract, the party so ~ prevailing shall be endtkd to reasonable attorneys' fees ardcosts. _f wr i 'ESSES: SIGNATURES: ST . I,ITCIB PACKING C~ANY, INC . ; a~ • ~ Bern d 8 ,President i ~e~ er or his A 'zed Agent ' ~ m~u~ta- GrJ , 1900 Old Dizie Highway Ft . Pierce, Florida 33450 _ _ As owner of the above grove, I join irs the action of the independent dealer who signed the above as "Groaner," inclndkg all cepresen- tuions. agreements, and receipts. Payment for the ftnit rosy be g p t' T made by the Bayer dira:tly to S:Uer. - • ti .338- owner Blt~DEt~~'tb~~;~~QR(DA 33506 r . ~ ~ ~ TROPICANA PRO S. INS'. 'iP i ~ `;f" = - By _ • A. Barnebey, P sident