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HomeMy WebLinkAbout1167 _ • J • j ~ f - - r ~ < ~j - t ~ ~ _ - - . .,r,~......e., tiw. 4 ' S. The pound solids pricC will bC based upon chilled jaioe saks and will be arrived at as follow:: The av net amount received pa gallou d all tba c>tilkd juice sold by Bnya becwan December 1 sad Much 31(dkr the antbo~ined dednctiar) will be maldplied by the number ~gdloos yteldedbyby all d th0 Carly iOd mids0aso6 fNtt 100eiYed renal all a0ocoei. 'lbeu,~thlleopoe~t pOnadi !Gird! price fe[ iIl wppliaa to~Growrer fll ~tLe Carly mid•s~easort~wiB be ~ prk pe: pouf thss urived times ~e ponockyu d dsolids ykided by the eayirl_$y amend mid:eason fruit delivered ro and rooeivCd by Bayer. F m the weekly dvaa~oa. sad d uty advasoe: ue not made weedy. from the find price, there hall be deducted, before payment. nay advances made kq the proportionate amount of any State or Feded tax measarod by the amoaat of fruit bought a prgcessed by Bayer. and any amount tine pursuant to patagrapis 3ipf tt~s.ooatract. Paymept due at sack time will be msde within thirty (30) day= of ks 3eterminanoa. . 6. In arriving at the price for the late season fruit the:unc method hall bC used as is stated is paragraph 4 and S. esoept that it shall be based upon chilkd juice sold by Buyer betir?oen April l and November 30. . 7. The amourK dire fa the two categories d fruh shall be the final price fof all fruk received by Bayer from Grower for the season. Promptly after a determination ofsock find price, the parties shall, by payment,:ettk the amounts due between them by Janney 1S of the nest growing seawn. - 8. This contract will be binding upon Bayer only after h has been sigood by one of Buyer's oNioas. 9. Any determination ss to classification.'a y of fruit received, a ss w gallonage sadist pounds of solids shall be as reported by daily tats made by Forida of Agrirn~lnsp~ors statiaa~od st the p of Bayer. Bnyet is respomibie far all jars from Grower's fruit as reported by~inspectacs and Bayer wiltnot dod~nct forspoilage. brew. a any other loss of jwoe oocurnsg after tke fruit has been received and adapted by Bayer. . 10. Buyer will submit to Grown a fipue determined by Bayer a be the per pound of:olids price for the season and the number of pounds of solids received from the Grown. The per pounds of solids received will be ss reported by the Florida Department of Apicukure daily reports. The figures submitted by Buyer will be certified by a C.P.A. firm. i 11. The within Apeeaoeat o for one seasons ~g~ng with ~ 1979-1980 season and may nor be terminated during that period unless gra, eed to in writing by Bayer sad Grower. it will be continued therCafter umil one of the purrs gives to the other notice by regnta+ed or certd mail of ;ts iateaboo nest to contiarte for the next season sorting October 1. Fat such notice to be effective. it must lire scot not later thin lone 30, before the next growing swoo. The growing season hall be the period from Oaober 1 th[oitgh July 30 each yar: If after the final determioatioa of amounts due between the parties it shall develop that the Grower is tndeMCd to the Bayer. the foregoing nonce of termiaatian. if seat by the Grower. shall not be effective until Grower shall mate full payment b the Bayer. ~ 12. Notwithataoding the above. Bayer shall have the right to increase the deduction far the operating expenses as set forth bat ody to the extent that such costs are incurred by Buyer. Boyer shaA notify Grower in sdvaooe of ao)r growing season that such Increase will be dedwxed. 13. Grower warrant: good titk b the groveadacribed is this contract. and to the fruit psodacod in said groves, with lawful right ~ eats into this caotract and Growerwarrants that tLe-frait will be free of any and all liens and cbims. The individuals sia~tna this rnntraet oa behalf of Grower represent that they have authority to do so. ~ , , --e•~ _ 14. Bayer and Grower agree dot ahoaW legal action be brought ro enfotre the terms of this contract, it rosy be broasLt io Bradenton. Manatee Coonty, Florida. It is also agreed that shoahi either party be ti,gwrod to being kgai action to eataroe the terms at this contract. the party so prCVaihag shall be entitled to rwosiabie attorneys' fCes and coats. 2l~SY L G>iJONBS, INC. wlTNI:SSES: SKiNATURBS• J. K on, President r Ageax P: 0. Boz 3270 1 INSTRUMENT PREPARED 8Y: ~ Ft. Pierce, Florida 33450 As owaar d the abaMe grew, I joie i<trs acebn d the indepeadatt . OP1CAtiA PRODUCTS, INC. ~"'h°aigeedr'ab°"'°'e~Q''°'"°t•„~tiedi~aB'~ae'e'' P. 0. BOX 338 ~ bydw~~? a ~e ~ ~ ~ B1tADENTON, E~ORID 83506 sods '~•n~ acs Bit +sitttBS - ~ . x. A: Barnebey president r, j `c