HomeMy WebLinkAbout0874 5. The per pound solids price will be based upon chilled juice sales aqd will be arrived at as follows: The average net artauat received per
gallon of all the cbilled juice soW by Buyer between December 1 and March 31 (after the authorized deductions) will be multipliaf by the
number of gallops yielded by alt of the early atd midseason fruit received from all sources. Then, the per pounds solids price fat all aupplien
equally will be arrived at by dividing such taal price by the number of pounds of solids in the total gallons yielded. Tire attaunt owed by Buyer
to Grower for the early mid-xason fruit will be the price per pound of solids thus arrived at, times the pourds of solids yielded by the early and
midxason fruit delivered to and received by Buyer. From the weekly advances, and if any advances arc not made weekly, from the final price.
there shall be deducted, before payrtxnt, any advances made less the proportionate amount of any State or Federal tax measured by the amount
of fruit bought or processed by Buyer, and any amount due pursuant to paragraph 3 of this contract. Payment due at such time will be made
within thirty (30) days of its determination.
6. In arriving at the price for the Tate xason fruit the same method shall be used as is stated in paragraph 4 and S, except that it shall be
based upon chilled juice sold by Buyer between April 1 and November 30.
7. The amount due for the two categories of fruit shall be the final price for-all fruit received by Buyer from Grower for the season.
Promptly after a determination of such final price, the parties shall, by payment, xUle the amounts due between them by January 15 of the next
growing season.
8. This contract will be binding upon Buyer only after it has been signed by one of Buyer's officer.
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
Grower's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or any other loss of juice occurriag after the fruit
has been received and accepted by Buyer.
10. Buyer wilt submit to 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 frorw the Grower_ 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. fum.
1 f.~?he within Agreement is for Orie growing seasons beginning with the 1979-1980 season and may not be -
terminated during that period unless agreed to in writing by Buyer and Grower. It will be continued thereafter until one of the parties gives to
the other Waite by registered or certified mail of its intention not to continue for the next season starting October I. For such notice to be
effective, it muu be xnt not later than lone 30, before the nett growing season. The growing season shall be the period from October (through
hly 30 each year. tf after tlx final determination of amounts due between the parties it shat! develop that the Grower is indebted to the Buyer,
the foregoing ratite of termination, if xnt by the Grower, shall not be effective until Grower shall make full payment to the Buyer.
12. Notwithstanding the above, Buyer shall have the right to incrcax the deduction for the operating expenses as set forth but only to the
extent that suchcosts are incurred by Buyer. Buyer shall ndify Grower in advance of any growing season tlut such increase will be deducted.
13. Grower warrants good title to the groves described in this contract, and to the fruit produced in said groves, with lawful right to enter into
this contract and Grower warrants that the fruit will be free of any and all liens and claims. Tne individuals signing this contract on behalf of
Grower represent that they have authority to do so.
14. Buyer and Grower agree that should legal action be brought toenforce the termsof this contrxt, i1 may be brought in Bradenton, Manatee
County, Florida. it is also agreed that should either party be required to bring legal action toenforce the terms of this contract, the party so
prevailing shall be entitled to reasonable attorneys' fees and costs. GRACEi100D FRUIT COMPANY, INC.
~n,ITD~s-- George Kahle, Vice-Pres. ~ Mgr.
SIGNATURES:
Grower or his uthorized Agent
. cr:% 'Z ~ - . • , Address P . 0 . Box 370
Vero Beach, Florida 32960
TFitS IFt;TRU;1tE' P"EP; '~D EY:
As owner of the above grove, 1 join in the action of the independent
dealer who signed the above as "Grower," including all reprcsen-
- - - fattens, agreements, and receipts. Payment for the fruit may be
I -'r' ~ ~ ~ f+ i v i. ~ i I i ~ made by the Buyer directly to Seller.
UrlfiUl.lt I Vlt, i LCt;lDA 336 "
• Tif~ANA PRODU ,INC.
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- y r,' A. Barnebey - Pr ident