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HomeMy WebLinkAbout2357 .q,._ f + S. The per pound solids price will br bawd upon chilled juice sales and will be arrived at as follows: The average net amount received per allon of all the chilled juice soW by Buyer between December 1 and lvfarch 31 (after the authorised deductions) will be multiplied by the number ut gaiiuns y~eided by aii of Gn rariy grid ;vituseasori fruit re~eivcd feorn all soures. Thcr, th:. per you :d soli+~. Y.t q,,. Ott ~I jnnlirrc ryually will be arrived at by dividing wch total price by the number of poutKls of wlids in the total gallons yielded. Tlw~ amount owed by Buyer cu Srtler far the Early Midseason fruit wiH be the price per pound of solids thus arrived at, times the pounds of sof:ds yielded by the Early and ~1 idsrawn fruit delivered to and received by Buyer. From the weekly advances, and i(arry advances are not made weekly, feom the fine! price, there shall be deducted, before payment, any advances made less the proportionate amount of any State of Federal tax measured by the amount Ill fruit bought ur processed by Buyer. Payment due at such time will be made within thirty (30) days of its determination. 6. In arriving at the price for the Late season fruit the same method shall be used as is stated in paragraph 4 and S, except that it shall be herd upon chilled juice Bald by Buyer between April 1 and November 30. 7. The amount due far the two categories of fruit shat! be the frost price for all fruit received by Buyer from Seller for the season. Promptly slier a determination of such final price, the parties shall, by payment, settle the amounts due between them by January IS of the next growing ~eawn. 8. This context will be binding upon Buyer only after it has been signed by one of Buyer's officers- 9. 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 tests made by Florida Department of Agriculture Inspectors, stationed at the premises of Buyer. Buyer is responsible for all juice from Seller's fruit as reported by said inspectors and Buyer wit! not deduct far spoilage, breakage, or any other loss of i•~ice occurring aftr.- the fruit has been received and accepted by Buyer. 10. Buyer will submit to Seller a figure determined by Buyer to be the per pound of solids price for the season and the number of prunels of .I~lids received from the Seller. The per pounds of solids received will be as reported by the Florida Department of Agriculture daily reports. The figures submitted by Buyer will be certified by a C. P. A. firm. 11. The within agreement is for one growing seasons beginning with the 1979-1980 season and may n~~t be tcrrtiinated during that period unless agreed to in writing by Buyer and Seller- It will be continued thereafter until one of the parties gives c.. the other n~xice by registered ur certifieJ mail of its intention not to continue for the next season starting October 1. For such notice to be rffrc~ive, it must brunt not later than June 30, before the next growing xason. The growing season shall be the period from October I through 1 my 30 e:nh year. If after the final determination Dismounts due between the parties it shall develop that the Seller is indebted to the Buyer. the t~ /rrguing notice of termination, if sent by the Seller. shall not be effective until Seller shall make full payment to the Buyer. 12. Notwithstanding the atr?ve. Buyer shall have the right to increase the deduction for the operating expenses as set forth but only to the e Ktcnt that such costs are incurred by Buyer. Buyer shall notify Seiler in advance of any growing season that such inercase will be deductni. 13. Seller warrants g.wK1 title to the fruit sold pursuant to this contract, and that the fruit will be free of any and all liens and claims. The mdividuah signing this contract un behalf of Seller represent that they have authority to do so. 14. Buyer anJ Seller agree that should legal action be brought to enforce the terms of this contract, it may be brought in Bradenton, Manatee ('+wnty. Florida. It is aha agree) that shiwW either party be required to bring legal action to enforce the terms of this context. the party so prr~ailing shall br entitled to reaxlnablr attorneys' fees and costs. ff`tasta: ~ SIGNATURES: Vi~N~ITR S, INC. I Seller Dr his Authorized Agent ' / ' Address P . 0. Box 550 Ft. Pierce, F1. 33450 tHIS INSTRUMENT ~fPAR€9 g+?r As owner of the above grove, l join in the action of the independent dealer who signed the above as "Seller." including all represen- _ rations, agreements, and receipts. Payment for the fruit maybe ' made by Buyer dirccdy to Seller. T;,.r;~ P. i,_ 'i ...~viJ~ ~ItL. ` r=`~.. _ ~ • TRO~IGANA PROD S NC. - ~ By a , ~ - ~ K. A. Barnebey - ,re8ident • _