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HomeMy WebLinkAbout1169 j t ltut 5640 (80) ^ ~ CASH PURCHASE CONTRACT Contract J loo. 8-085-11 THIS C NTRACT, made thk 17th day oI _,1j ~t Doz 801 , 19.flQ between 81t! ~~,Aaent ~ fit` `r ~~rce. Fl. 33450 and TROPICAyA PltODUC'I'S,1NG aE Bradeatat, P]orida (Buy~~ ~ . WITNBSS$TH: 1. Slier is cottsiderstion of the paytneats rooeiMOd and to be reoeivod- pttrsuaot to this contract agues to seQ to Buyer all citrus fruit of good whokwtne, ma+cltaatabk and maricetabie quality, as follows: . . 10,000 beaten ii8IT6 C,BAPEFRUIT (except LATE BLOOM) of the 1979-1980 8ea8txi. @ $3.75 per 85# weight box delivered, less Tropicana Products, Incas Haul rata of $.20 per 85i# weight bos. Fruit atust teat 9:00 Briz with 8:00 Ratio or better. 3. !!t B•!i* ~+!!~ted as be purchased shall be deGveoed to Buyer on a before seasonal . I9 ~Q_ . provided Seller shall not be hampered a prevented from picking a shipping the acme within said petal oy Act of von, suriics. railroad or other embargoes. quarantine a nay other condition. matter a thing, beyond its control. in which case the time for gathering and shipping said fruit shall be extended a ia?gth of time equal to the period of the hampering or prevention caused as aforesaid. In the event that through eireurostanves beyond his control Sella shall be unable to pick acct load the fruit. Buyer may arrange for some person is the business of picklna and boding fruit to do so. charging Seller for wch:ervice at Buyer's cost. la the event that through circwnstauces beyond his control Seller shall be unable to transport the fruit, Buyer shall bave.the right to do so charging Seger for such savioe per ninety (901b.) pound box for oranges. and eighty-five (g5 Ib.) pound box for gt~refruit. la both cases this shall be Buyer's right, not obligation. _ 3. Without limiting meaning of "good wnowa~w, wa,w,.uu~o~c sou ma,aw.o~ a s: agreed that in event of substantial dannage by weather, such as iron arroeaina, wino, uroug#d, ~i"a e'.e~ tc =~+L+~+ tk+~ ~atract which shall be done by registaod math mailed not later than fourteen days aRer the termination of the weather condition . which ausod the damage, seat to addrea given below w6enarpoa Buy+x shall be entitled to immediate refund of sdvanve payment less price of nay fruit picked for which settktnent bas not been made. Ia such case Buyer may elxt to take such fruit as he steal! voruida useable, provided Buyer pays for it in aocordaaoe with the terms of this oontravt. 4. Buyer has this day advanced to Seller the sum of S .-the receipt of which is pese>iy adcriowkdged by the Sella, w6idt sum k in advance sad part payment for said fruit at the price above stated. Should Buyer, in br~eadt of thin vontract, rdirse to take this fruit, the amount remaining on deposit with the Seller shall br todeited to Seller and shall be the sole damage hereunder. S. if the value of the good wholesome, macbantabk and marketable fruit available has not equalled the amount paid by Buyer at the condusion of the season providod for herds, the overage inamediatdy will be returned by Seller to Buyer. ~ 6. Seller wamnts gooc} title to said fruit with lawful ridlrt to eater into this contract sad warrants that it will be ~i ss fr+x of all liens sad claims. The individuate signing this vontract oa behalf of Sdkr represent that they have authority to do so. o None of the fruit ideati6ed in this contract is to be wld or deGvrrai by Seller to anyone other than Buyer without a: Buyer's written permission. This voatrad it to be a ~.tbe ~rrapocdve of any subsequent transfer of title to it. la the event of any attempt by Seller to sell to aterti 8uy~er ~ be entitled to injuncxive relief, plus all other relief allowed by law. t- 8. Buyer and Grower agree that should legal action be brought to enforce the tarns of this contract, it may be brought in Bradenton, 1Naaatee County, FMrida. It is also agreed that should either party be required to bring legal attics to'eaforioe the terms of this contract, the party ao prevailing shall be entitled to reasombk attorneys' fns and volts. ~;1 ~'"T{IIS 1NSiRUMEAt pREpARE~ T iC:?i:.1 PrvDI1CTS, INC. P, Q. 8ilX 333 HILLIA1tD GROVBS, IIiC. wt~~ts- ~ttADEr~TOri. FLORIDA 33.`06 stcxA R She nod o s Agent a Ir, Awe! A,eN . _ Route #1, Bo~c SOI Ft. Pierce, Florida 33450 .3 - fir= , ~7 r t<": ~ ~C ~A'~ ~ V ~ p ~d ~ _ ` ~ . A. Baraebey Pr dent • ~ ~ fit~x~c I t M