HomeMy WebLinkAbout0880 r .
4~?7a~ Mut 3640 (80)
THIS CONTRACT, made this 20th day of Nrn?embe r ly 79 .
bettyeen HILTARi~ GROVE SERVICE, INC. (K-A69-11)
of Route 1, Box 801 - Ft. Pierce, Florida 33450
(Grower) and TROPICANA PRODUCTS, INC., of Bradenton, Florida (Buycr).
W ITNESSETH:
1. Grower, in consideration of the payments received and to be received pursuant to this contract, agrees to sell to Buyer all early,
midseason and Valencia oranges of good, wholesome, merchantable and marketable quality, from the follow•rng specified groves:
20,000 boxes combination HAMLIN and PINEAPPLE ORANGES.
Tropicana Products, Inc .'s Participation price paid to grower will be no less than
eighty-five ($.85) cents per pound of solids delivered for the 1979-1980 season.
Advance to be at the rate of 80°x of guaranteed price, or of the Buyers spot market
price per pound of solids at time of delivery, whichever is greater.
Tropicana Products, Inc .'s HAUL. rate to be $.20 per 90i# weight box for the
1979-1980 season.
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2. No fruit from any of these specified groves is to be sold or delivered by Grower to anyone other than Buyer without Buyer's written
permission. This contract is to be a lien upon the fruit produced in the above groves, irrespective of any subseyuent transfer of title to them. In
the event of any attempt to sell to another, Buyer shall be entitled to injunctive relief_ if any such sale or delivery is consummated, Buyer shall
be entitled to such other relief as is allowed bylaw. If fire, strike, Act of God, etc., prevents Buyer from accepting any of Grower's fruit, Buyer
will permit Grower to sell elsewhere the amount of fruit that Buycr is so prevented from accepting.
3. The fruit is to be picked by Grower and is to be delivered by Grower to Buyer's processing plant_ In the event that, through
circumstances beyond his control, Grower shall be unable to pick and load the fruit, Buycr may arrange for some person in the business of
picking and loading fruit to do so, charging the Grower the actual cost of the picking and loading. In the event that, for reaxms beyond
Grower's control. Grower shall be unable to transport the fruit, Buyer shall have the right to transport the fruit charging Grower for such
service per ninety (901b.) pound box. In both cases, this shall be Buyer's right, but not obligation. The fruit is to be picked and delivered as and
when designated by Buyer but in this respect Buyer will as much as possible, but not to hinder his operation, accommcxlate himself to
~ convenience of Grower. Buyer shall have the right, but net the obligation, to take fruit having degrees Brix lower than 9.5. He shall have the
right, but not the obligation, to take fruit having a Brix acid ratio lower than 11 to 1 up to January 1 of each growing season, arxf lower than .2 to
r 1 after January 1 of each growing season. No fruit will be delivered under contract after luly IS of current season without consent of Buyer.
I Buyer will nd be required to take any Temples, ivlurcotts, Tangelos, or Navel Oranges.
4. The fruit is to be paid for as follows: Buyer will advance Grower weekly for all fruit delivered during that week at the rate of >3(~ of
Buyers' spot market price per pound of solids at the time of delivery, less the items to be deducted as stated in paragraphs 4 and S of this
contrset. This is to be known as the "tentative price". In the event that the fruit has been picked or transported, or both, by some person, the
charges for such service as set forth above are to be deducted from the "tentative price" before payment is made. The final price to be paid to
Grower will be based upon the net amount received by Buyer for the chilled orange juice sold. All fruit received from all sources (including
Buyer's owa oranges, and all the oranges they may buy) will be used and all suppliers will be treated equally i.; computing that price. The price
for fruit classified as early and midseason fruit will be determined as one category aril the price of fruit classified as late season will be
detetmirra) as a separate: category. The price for both categories wily be computed as follows: Buyer will deduct from his net F O. B. Bradenton,
i Florida, selling pnce less allowances, certain items of cost and profit as follows:
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1. For operating expenses, including plant, storage, freezing, 5.95 per case of chilled juice sold.
warehousing, selling, administration e>penses, etc:
market price of the foregoing items
2. roe packaging materials. ~ or similar packaging as determined
Fti~F,~i j~ by Buycr (not to be determined by
TFiOQICASyA Ffi'..~::C1S, Ii~C. paces charged by affiliated a~m-
panies).
~ 3. Profit. P.O. BOX;,3$ ;~~~,ti,rtl-:,:; ~ninb,,ri.~