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Home My WebLink About1391 Non-Mat ~Y~' (80) 7~ CASH PURCHASS RACT Contract No, B-104-11 THIS CONTRACT, made this 19flQ 12 da O• Box 1960 between s°'"°s W• Pia~t~aty. P esidet±t of Ft• 'Pierce, Fl. 33450 ~Sdkr) and TROPICA'.JA PRODUCTS, INC. of Bradenton. Florida (Buyer). WITNESSETH: 1. Seller in consideration of the payments received and to be received pursuant to this contract agrees to sell to Buyer all citrus fruit of good wholesome, metchantabk and marketabk quality, as follows: Approximately 50,000 boxes of WHITB GRAPEFRUIT (except LATB BLOOM) of the 1979- 1980 season. . @ $.95 per pound of solids delivered, at time of delivery, less S•22 per 851Y~ weight box for HAUL. Fruit must 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 seas013a1 , 19 8O , provided Seller shall not be hampered or prevented from picking or shipping the same within said period by Art of God, strikes, railroad orotherembargces, quarantine or any otbercondition, 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. In the 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 for 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 for such service per ninety (90 lb.) 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 wnolesuruc, u~c.~.wutau~e anu uwrwcwuK 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 mailed not later than fourteen days after the termination of the weather condition which caused the damage, sent to address given below whereupon Buyer shall be entitled to immediate refund of advance payment less price of any fruit picked for which settiement has not been made. In such case Bu;'cr may ckct to take such. fruit as he shall consider astable, provided Buyer pays for it in accordance with the terms of this rnntract. 4. Buyer hss this day advanced to Seller the sum of S '"the receipt ~ of which is htrcby acknowledged by the Seller, which sum is in advance and part payment for said fruit at the price above vi c` i stated. Should Buyer. in breach of this contract, refuse to take this fruit, the amount remaining on deposit with the Seller o oo ~ shall be forfeited to Selkr and shall be the sok damage hereunder. ~ z p -M o S. If the value o[ the good whoksome, merchantable and marketabk fruit available has not equalled the amount w o.. m ~ paid by Buyer at the conclusion of the season provided for herein, the outrage immediately will be returned by Seller to Buyer. ~ ~ C o dC a: c 6. Seller warrants good title to said fruit with lawful tight to enter into this contract and warrants that it will be a ~ free of all Dens and claims. The individuals signing this contract on behalf of Seller represent that they hive authority to do so. ~ m 7. None of the fruit identified in this rnntract is to be sold or delivered by Seller to anyone other than Buyer without Buyers written permission. This contract is to be a lien upon the fruit irrespective of any subsequent transfer of title to it. In the event of any attempt by Seller to sell to another, Buyer shall be entitkd to injunctive relic[, plus all other relief allowed by taw. 8. Buyer and Grower agree that should legal action be brought to enforce the terms of this contract, it may be brought in Bradenton, Manatee County, Florida. It is also agreed that should either party be r~oquired to bring legal action to enforce the terms of this rnntract, the party so prevailing shall be entitled to rrasonable attorneys fees and costs. . ~ ~J y~ ~L,~1 (It ~f Qi~C.~ UI _ : ~ • i ! ~ . , ~ ~ J I~ GROVES CARETAI C. WITIESSES: SIGXATU :.James W. Piawaty, Presiddnt: ~ ~ ~ _ i se « Awlw ~ P _ 19 j Ft. Pierce, Florida 33450 ~ ' - - ~-s'r~~1~~~ i 1R(WICAtiA pROnItCTS. IBC. ~ i ~ • 1 . ~ _ J . R. A. Barnebey - esident Rcc.'~U bGf~~