HomeMy WebLinkAbout1389 ' ~ Hut 8980 (80)
CASH PURCHASE CONTRACT Contract B-los-11
4'7"!635 N°'
THIS CONTRACT, made this _ 13th day of apt'.-'''~~"''", • 19-~ - }
P. 0. Box 550
between VARN CIT~U~, INC. of Ft Pierce. Fl. 33650 ~Shcer)
and TROPICANA PRODUCTS. INC. of Bradenton, Florida (Buyer).
WITNESSETH:
I. Seller in consideration of the payments received and to be received purswnt to this contract agrees to sell
to Buyer all citrus fruit of good wholesome, merchantable and marketable gwGty, as follows:
20,000 boxes of WHITB GRAPBFRIIIT (except LATE BLOOM) of the 1979-1980 season. -
- ~
L 5.95 per gotutd of solids delivered: at times of delivery. -
Fruit twist test 9:00 Brix with 8:00 Ratio, or better.
2 All fruit contracted to be purchased shall be delivered to Buyer on or before seasnna7 _ , 19 $Q_ .
provided Seller shall not be hampered or prevented from picking or shipping the carne within said period by Act of God, strikes.
railroad orother embargoes, quarantine or any othercondition, matter or thing, beyond its control, in which case the time for gathering
and shipping said fruit shall be extended a length of time equal to the period of the hampering or prevention caused as aforesaid. Inthe -
event that through circumstances beyond his control Seller shall be unable to pick and load the fruit, Buyer may arrange for some
person in the business of picking and loading fruit to do so, charging Seller (or such service at Buyer's cost. In the event that through
circumstances beyond his control Seller shall be unable to transport the fruit, Buyer shall have the right to do so charging Seller fur
such service per ninety (90 Ib.) pound box for oranges, and eighty-five (85 Ib.) pound box for grapefruit. In both cases this shall be
Buyer's right, not obligation.
3. Without limiting meaning of "good wnoteavurc, u,c,~,wuwvlc auu nrarwctau,c n is agreed that in event of
substantial damage by weather, such as frost or freezing, wind, drought, hail, etc., Buyer may elect to abandon this contract
Which shall be done by registered mail tnaikd not later than fourteen days after the tern:instian of the weathercond:tion
which caused the damage, sent to addrrss given below whereupon Buyer shall be-cntitlod to immediate refund of advance
payment less price of any fruit pickers fat which settlement has not ban msde. In such case Buyer may elect to take such 1
kuit ac he shall consider useable, provided Buycr pays for it in accordance with the terms of this contract.
4. Buyer has this day advanced to Seller the sum of S the receipt
of which is hereby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the prig above
stated. Should Buyer, in breach of this contract, refuse to take this fruit, the amount remaining on deposit with the Sellcr
shall be forfeited to Seller and shall be the sole damage hereunder.
5. If the value of the good wholesome, merchantable and marketable fruit available has not equalled the amount ~ w
paid by Buyer at the conclusion of the season provided for herein, the overage immediately will be returned by Scller to Buyer. -
~ M
6. Seller warrants good tick to said fruit with lawful right to enter into this contract and warrants that it will be o .-vim c°+° -1°a
~i free of all liens and claims. The individwls signing this contract on behalf of Scller represent that they have authority to do so. ~ a `x o`
roc °u.
7. None of the fruit identified in this contract is to bi: soW or delivered by Sellet to anyone other than Buyer without ~ ~
~ Buyer s written permission. This contract is to be a lien upon the fruit irrespective of any subsequent trarufer of title to it. rr ¢ ~ °
r In the event of any attempt by Seller to sell to another, Buyer shall be entitled to injunctive relief, plus all other relief v .
alloweb by law. ~ m
8. Buyer and Grower ague that should legal action be brought~to:enforce tht terms of this .contract, it may be
brought in Bradenton, Manatee County, Florida. It is also agreed that should, either party be required to bring legal
action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys lees and costs.
_ ,h
_ . ~ ~
_ ~F ~ ~ L
f' 1 ~ `~iV(i
WIT\ESSES: SIGIATURES: VARN CITRUS, INC.
1
~ ~ ~ 4
SeOtr /x trs A thorJed A~cnt
P. 0. Box 550 _
Ft. Pierce, Florida 33450
TROPICANA PROUt.'CT. VC. -
` .
9
s
~ • -
-:i:',. ~'..J " -
'i~r :~~i. C. A. Barnebey P ident
BitlGc~r-! r ion"11~A 335t1~ BOOK326 PA~E1387