HomeMy WebLinkAbout1161 . .
- • ~
•
• _
' t ,
i.
:'a;
•ti.
.4
r '
S. The per pound solids price will be based ttpoa chilled juice uks sad will bt arrived at ss folbwa: The average net arpgttrK ~ peg . t
gallon of all the cbillai juice sold by Buyer buweea December 1 and March 31 (after the autlwrized doductioos) will be ianltipGed 6y the
number of gallons yielded by all of the Early and Midseasat fruit received from all sources. Then. the pei pontd solids P~ for a!! supf+lier~
equally will be srrived u by dividing web total price by the aumberof pounds of solids in the total ~ilbas yielded. The srtwttot owed by ~uyet . ;
to Seller for the Early Midseasat fruit will be the price per pound of solids thus arrived at. tunes the pounds of solids yielded by the Early sad
M idseasoa fruit deliveral to and received by Buyot~ Frppp ~y a~iizince_tf, sad if sfa~advl~gces ~rq,u~t ~naQe waeRly. i~ Goal price. .
there shall be doductod, before pigment, nay sdvaaces less rite ~ropottionate amount of my State or Federal tax n,ea:ttred by the amount
of fruit bought or processed by Buyer. Payment due at such time will be made within thirty (30) days of its detumiaatioa.-
.
~.t•.
6. In t+rriviag at the price-fat ibe Late season fruit the t~rune taethod shall ¢e uaed_s;~is sltttotl is prggngth 4 and S. 4!tapt tint. u shall be .
based upon chilled juice sold by $uyer between April 1 and November 30.
}
The amount due for the two categories of fruit shall be the final priee~for aQ unit teceivod by Beyer from Seller for the season. Promply
after a determination of such final price. the pubes shall. by paymest, sulk the amounts due buweto them bylaausry i5 of the next growing
:.~;a." t
i
8, This contract will bt badiag upon Buyer Daly after it has been signed by one of Buyer's officers.
9, Any determination as to clsssificatioo. or quantity of fruit received. or as to galbaage and/or pounds of solids shall be as reputed by
daily tests made: by Florida Department of Agriculture Inspectors. ataCwreed at the premises of $uyer. Buyer is responsible for all juice from
Seller's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage. or nay other loss of j•rice occurring after the fruit ;
has been received sad xcepted by Bnger.
f 0. Buyer will wbmit to Seller a figure duerminod by Buyerlo be the pa pound of solids price for the season sad the number of pounds of
solids received from the Seller. The per pounds of solids teaived will be as reported by the Florida Department of Agriculture daily reports. ,
The tigurcs wbmitted by Buyer will be certified by a C.P. A. firm.
11. The within agreement is for Ose growing seasons beginning with the 199-1980. ud may i
not be terminated during that period unless agreed W is writing by Buyer sad Seller. It will be continued thereafter until one o[ the parties gives
to the other notice by registered or certified mail of its intention cwt to continue for the neat season starting October 1. Far such aotioe to be i
effective, it must be sent not later than lone 30, before the neat growing season. The growing season shall be the period from October 1 through ;
July 30 exh year. If after the final duamiaatiou of amounts due buwteo the parties it shall develop that the Seller k indebted to the Buyer, the i
fvrcgoing aaice of termination, if seat by the Seller. shall not be effective until Sella shall make full payment to the $uyer.
12. Notwithstanding the above. Buyer shall have the right to increase the deduction for the operating expenses u set forth but only to the
e atent that such costs ue incurred by Buyer. Buyer shall notify Seller is sdraooe of any growing season that such iacreass will be deducted. f
13. Seller warrants good title to the fruit sold pursuant to this contract. sad that the fruit will be free of nay and ati liens and claims. The
irxiividuals signing this contract ort behalf of Seller rcprcsertt tbst tbeg have authority to do so.
t4. Buyer sad Seller:groe that should legal action be brought to enforce the terms of this cantract, it may be brought is Bradenton,Manatee
County, Florida. It is also agreed that should either party be require to enforce the terms of this contract, the party so
prevailing shall be entitled to reasonable attorneys' fees and costs. ~
WITNESS ~ SIGNATURES: O CI S a
Seller or hi Authorized Agent
Address Y. 0. Boz 550
THtS iNSfRUME!iT B~!
Ft. Yferce. Florida 33450
As owner of the above grove. ! joie in the action of the irtdepatdeat
4PICANA PRO V i r t dealer who siarted the above as •'Seiler; • including all reprcsen-
Q. $UX 338 rations, agroertteats. and rtaoeipu. Paytneat for the trait may be
_ , ~ n n ~ c ; . Z~~ : ~ msde by Bayer directly io Seller.
Owner .
i _ TROPICANA PROD ,INC.
By -
R, ~ ~ _ Barnetiey - esident
tur~~~ fl6E~