Loading...
HomeMy WebLinkAbout0881 S. The per pound solids price will t+e based upon chilled juke sales and will be arrived at as follows: The average ne! amtwnt received per gallon of all the chilled juice soW by Buyer between December 1 and March 31 (after the authorized deductions) will be multiplied by the number of gallons yielded by all of the early and midseason fruit received from all sources. Then, the per pounds solids price for all suppliers equally will be arrived at by dividing such total price by the numtxr of pounds of solids in the total 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 midseason fruit delivered to and received by Buyer. From the weekly advances, and if any advances arc not made weekly, from ilie final price. there shall be deducted, before payrrrtnt, any advances made less the proportionateamount of any State or Federal tax measured by the artxwnt of fruit bought or processed by Buyer, and any amount due pursuant to paragrap 3 o1'this contract, Payment due at such tune will be made , within thirty (30) days of its determination. 6. In arriving at the price for the tall season fruit the same method shall be used as is stated in paragraph 4 and S, except that it shah 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, settle the amounts due between them by January IS of the next gtowrng season. 13. This contract will be binding upon Buyer only after it has been signed by one of Buyer's officers. 9. Any determinati~ur as to classification, ar quantity of fruit received, or as to gallonage and/or pounds of su1Ws shall be as repr?rte~i by daily tests made tiyFlorida Department of Agriculture Inspectors, stationed at tlrc premises of Buyer. Buyer is responsible for all juice from Grower's fruit as reported by card inspecion and Buyer will not deduct for spoilage, breakage, or any other lossof juice occurring after the fruit has been received and accepted by Bu}er. 10. Buyer w•i~ submif,to Grower a figure determined by Buyer to be the per pound of solids price for the season amt the number of pounds of solids reeeivert from t 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 C.P.A. firm. . I1. The within Agreement is for the growing seasons beginning with the 1979-1980 seawn and may nut be terminated during that pericxl unless agreed to in writing by Buyer and Grower. It will be continued thereafter until one of the parties gives to the other notice b}' registered or certified mail of its intention not to continue far the neat season starting October 1. For such notice to be effective, it must be sent not later than June 30, before the next growing season. The growing season shall be the period from October 1 through July 30 each year. If after the final determinauon of amounts due between the parties it shall develop that the Grower is indented to the Buyer, the foregoing notice of termination, if sent by the Graver, shall not be effective until Grower shall make full payment to the Buyer. 12. \otwithstanding the above, Buyer shall have the right to increase the deductian far the operating expenses as set forth but only to the rttent that suchcosts arc incurred by Bu}•er. Buyer shall n.Nify Gruwrr inadvance of any growing seawn that wch increase will be deducted. t 3. Gruver warrants gcxxl title to the groves described in this contract, and to the fruit pnxluced in said grouts. with lawful right to enter into this contract and Grower warrants that the fruit will be free of an} and all liens aril claims. The individuab signing this contract on behalf of Grower represent that the} have authority to du so. 14. Bu}errnd Grower agree that should legal action be brought to enforce ttre terms of this comract. rt may be brought rn Bradenton. 1lanatee Cewnt}, Florida. It is also agreed tha! should either part}• be required to bring legal acdun Io enforce the terms of this contract. the part} so pre~aihng shall be entitled to reawnable auornrvs' tees and costs. wfr` ~ssta: ~ sIG: ~ E : HI E S V ITC. _ ,;.L a~ ~ ,L~ c - ~ Gruwrr ar his Author icd Ag t Address R.flute 1~ Box 801 ~ 1,~.. ~~~'T.,,~'?-~;T p,~PN,.`0 Ft. Pierce, Florida 33450 As owner of the above grove. 1 join in the action of the independent ~ ` dealer who signed the above as "Gruwrr," including all represen- • • ~ v INC, rations, agreements, and receipts. Payment for the fruit may be made by the Buyer directly to Seller. r. u. - o , :~t ~ Owner _ , . .t < <~J • ~'~"~.Ji' ~ TROPICANA PRO UCTS, INC. ' _ By - A. Barnebey - Pr ident ~"--r ~ ~ -i ..r,.