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HomeMy WebLinkAbout0878 5 The per Iwurxl ",lids price will be based upcm chilled juice sales aril will be arrived at as follows: The average net amount received l,er gallon of all the chilled juice u+ld by Buyer between December 1 atxl March 31 (after ttte authorized deductions) will be multiplied by the number of gallons yielded by all of the early and midseawn fruit received from all sources. Then, the per pounds solids price for all suppliers cyually will be arrived at by dividing such total price by the number of pounds of wlids in the IcMal gallons yielded. The amount owed by Buyer to Grower for the early mid-season fruit will be the price per pound of solids thus arrived at, times the pounds of solids yielded by the early and midseasun fruit delivered to and received by Buyer- From the weekly advances, and if any advances are not made weekly, from the final price, them shall be deducted, before payment, any ad+•arxes made less the pn+putiortate amount of any State or Federal tax mcasur_YI by tlx: anx?unt of fruit Iwught or processed by Buyer, and any amount due pursuant to paragraph 3 of this contract. Payment due at such tune will be made within thirty (3lq days of its determination. 6. In arriving at the price for the late season fruit the same methexJ shall be used as is stated in paragraph 4 and S, except that it shat be basa-d upon chilled juice soW by Buyer between April 1 and November 30. 7. "fhr anwunt due for the twu categories of fruit shall be the final price for all fruit received by Buyer from Gmwer (or the season. Promptly after a determination of such final price, the parties shall, by payment, settle tlx amounts due between them by January I S of the neat growing season. S. This contract will he binding up+n Buyer onh after it has been signed by one of Buyer's officers. 9. Any deteapinatiun as to classification, or yuantity of (cult received, or as w gallonage arxllor pounds of solids shall be as reponod by daily tests made by Florida Department of Agriculture Inspectors, stationed at the premises of Buyer- Buyer is responsible for all juice fmm Grower's fruit as reported by said inspectors and Buyer will not deduct for slx?ilage, breakage, or any other loss of juice occurring after the fruit has been received~arxf accepted M• Buyer. I0. Buyer willFSUb to Grower a figure determined by Buyer to bt the per pound of u+lids price for the season and the number of pounds of soUds regcivri~ ~r~~~l a Grower. The per pounds of wlids received will be as reported by the Florida Department of Agriculture daily reports. The figures submitted by Buyer will be certified by a CPA. firm- . t: l11: Tile ~•ithin Agreement is for Orie growing seasons t?~ginning with the 1979-1980 ~~on and may r?ot t?c terminated during that pericxl unless agreed to in writing by Buyer and Grower- It will be continued thereafter until otie of the parties gives to - the other notice by registered or certified mail of its intention not to continue for the nest seawn starting October 1. For such notice to he effective. it must be sent not later than June 30, before the next growing season. The gmwing season shall be the pericxJ from October 1 through July 3U each year. If after the final determination ofamounts due between the panics it shall develop that the Grower is indebted to the Buyer. the foregoing ncuice of termination. if sent by the Gmwer, shat! not be effective until Grower shall make full payment to the Buyer- I'. \otw ithstar?ding the ahcwe. Buyer shall have the right to increase the deduction fur the operating expenses as set forth but only to the extent that ,uch costs are incurred b}• Buyer. Buyer shall notify Grower in ad+ancc of any growing season that such increase w ill bededucted. I Gu,wer warrann gcxxl utlc to the gr,+es descrif+ecf in this contract. and G+ the fnut produced in said gruvec. with law fu! right toenter into this contract and Grower warrants that Ihr fruit will be free of any and all liens aril claims. The irxfividuals signing this contract un hehalf „f Grower represent that they have autlicmty to do so. 13 Buyer acid Grower agree that should legal action tx brought tu~ntorrr the tennsof thiscontract, "may be brought in Bradenton, titanatee (',aunty. Flonda. It is also agreed that should either party t1e reyuirrd to bring legal aeUun to enforce the terms of this contract, the party sc. prr+aihng .hall t+e entitled to reas~,nablc aanrncys' foes and i.,~h. .-iJNITED GROVE CARET RS, INC. ~?~fr`ISSIa: sl(;~: T1;IRES: James Fi. Piowaty, r sident _ r'Y tau' r r his Aut prized Agcni ~ J ~ ~ :[~1-~-~ ~t~ dress _ Y-!0. BOXJ 60 ' iHiS I(dSfT?' , ~P? ,v ~ Ft. Pierce, Florida 33450 T F A_Fn 8Y. ~ _ As owner of tFk strove grove. 1 join in the action of the indeperxient dealer who signed the aM+ve as "Grower." including all represen- tauuns. agreements, and receipts. Payment for the fruit may be ' • • ~ - _ ; ~ ; j ~ made by the Buyer directly to Seller. -fi j.;~~ur~ Owner „s''F'~! ~,J - TROPICANA PROD S, IhC. ~~l~ V t y BJ ~ - A. Barnebey - esident ~ - - - -