HomeMy WebLinkAbout1164 ti•~~~
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S. The r ad solids will be based u I
pe you prke pen chilled juice asks std.will be arrivtd at as follows: The arersgc get ant~tttt received,pec . r
fca113n of a!! the chilled juice suW by Buyer between December t and March 31 (after the authorized deductions) will be multiplied by the
number of gallons yielded by ail of the Early and Midseason fruit received from alt sources. Theo, the per porno solids prior: for all wppliers ~ <S
equally will be arrived at by dividing such total price by tbt number of pounds of solids in the total gallons yielded. Tha amoaot owed by Alryi~' • -
to Seller for the Early Midstason fruit will be the price per pound of solids thus arrived at. times the pounds of sol;ds yielded by the Early and -
M idseason froit deGverod to sod teceiyed byBuyer. Fri tl~ ~vances, sad if tiny ar~v~ei ata trade wt~ktY: kpcp the final p~riot:. -
therc shall be dodtictod. bcforepayment. any advanctti rriade less tjte ~ropottionate amotent of say State or Federal w measured by the amount
of fruit bought or processal by Buyer. Payment due st such time will be msde within thirty (30) daytlof its determination: ; _ _ .
6. • In srriving ~at the gico`fQr the Late srasoa ~rurt thc,4ame roestwd shall be nso~ ac is st#tod in par~apb 4 atd.5. except that it shall lee
based upon chilled juice wld by Buyer between April l and November 30. _ _ - - .
7, The amount due for the taro categories of fntit shall be tlx final price fa aB fruit received by Buyer from SNkr for the season. Promptly _ _
after a determination of such fine! price, the parties shall, by payment, settle the amounts due.between them by laauaty i3 of the neat growing
season. -
8. This contract will be binding upon Buyer Daly after it bas been signed by one of Buyer's officers. - -
9. Any determination as to classification. or quantity of fruit received, or as to gallonage ardlor pounds of solids shall be as reported by
daily tests made by Florida Department of Agriculture Inspectors,stationed at tht premises of Buyer. Buyer is responsible for all juice from - _
Seller's fruit as reported by said inspectors and Buyer will not deduct for spoilage, breakage, or any other loss of j~iice occurring after the fruit '
has been received and accepted by Buyer.
10. Buyer will submit to Seller a figure determitiod by Buyer to be the per pound of solids prier fox the stasoo and the number of pounds of
solids received from the Seller. The ptr pounds of solids received will be as reports! by the t'torida Department of Agriculture daily reports.
The figures submitted by Buyer will be certified by a C.P.A. firm:
i 1. The within agreement is for OIIe growing sessom beginning with ore 1479-1980 cesson and m:y
n a be terminated during that period unless agreed to in writing by Buyer and Seiltr. tt will bt continued thereafter until one of the parties gives
to the other notice by registered or certified mail of its intention sot to continue for the next season starting October 1. For such ootiae to be
effective, it must be scat not later than lurx 30, before the next growing season. The growing season shall be the period frail October 1 through
my 30 each ytar. If after the final determination of amounts due between the parties it shall develop that lice Seller is indebtaf to the Buyer. the
foregoing notice of termination. if sent by the Seller, shaft not be effective until Seller shall make full payment to the Buyer.
12. Notwithstanding the above. Buyer shall have the right b increase the dtdactioo for the operating expenses as set forth but only to the
e ztent that such costs are incurred by Buyer. Buyer s[udl notify Se!!er in sdvaoce of any growing season that such increase will be dtducted. -
13. Seller warrants good title to the fruit sold pursuant to this contract. and that the fruit wiU be free of any and all liens and claims. The -
irxlividualssigning this contract on behalf of Seller represent that they have authority to do so.
14. Buyer sad Setter agree that should legal action be brought to enforce the terms of this contract. it may bt brought in Bradwton, Manatee
Cewnty, Florida. !t is also agreed that should either party 6e trquireedto bri~ig )pga~,sction to enforce the terns of this cootrsct. the party so
prevailing shall be entitled to reasonable attorneys' foes and costs. q ~ai,+r; • ; -
WITNESSES: SIGNATURES: V ~ ~ INC.
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Seller or hi Authoriztd Agent
Adores: P. O. Bo: 550
THlS NSTRUMEN? PREPARED 8~ Ft. Pierce, Florida 33450
As owner of the above grove. f join in the action of the iridtpsdtnt
dealer who sighed the abort as "Seger." including sU represen-
PiCANA PRODU T$, 1NC, tatiom: agrrrtrrients, and r+ecsipts. Psyrtieut for the fruit may be
P. 0. BOX 338 made by Boyer directly to Seiler. '
BaADEMtOM,.FLORIDA 38x06
'st;,~~ Owner. ,
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' ~ TROPICANA PR . tNC. ~ _
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