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Mut 2089 (80) ~ ~
CASH PURCHASE CONTRACT ContrNcot 8-123-11
42921
THIS CONTRACT, made this 26th day of March , 19$0.
- 1h. , Q,.• Box 1507
between 'PACKING COMPANY - of Ft • Pierce, Fl. 33450
rSeller)
and TROPICANA PRODUCTS, lNC. of Bradenton, Florida (Buyer).
WIT.NESSETH:
' 1. Seller in consideration of the payments received and to be received pursuant to this contract agt-ees to sell
to Buyer all citrus fruit of good wholesome. merchantable and marketable quality, as follows: -
30,000 boxes of WHITB GRAPBFRUIT (except LATB BLOOM) of the 1979-1980 season. -
@ $1.05 per perms of solids delivered, at time of delivery, less $.15 per 85#
weight box for-haul.
Fruit must test 9:00 Brix with 8:00 Ratio, or better.
2. All fruit contrxted to be purchased shall be delivered to Buyer on or before Seasonal _ , IyBU ,
provided Seller shall not be hampered or prevented from picking or shipping the same within said penal by Art of Gal, strikes,
railroad or other 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 penal of the hanTpering 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 ma} arrange for some
perwn 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 Jo sA charging Seller for
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, cwt obligation-
- 3. Without limiting meaning of "good wnoresuu~c,. ~¦¦c~~uauwme aau u~aTwe.au~c a !s 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 f eeq des fter the,ter~tnination of the weather condition
which cursed the damage, sent to address given below whereu~I~uygr
S'6a11 be entitfed'to~imm'.e_ refund of advance
payment less price -of any fruit picked for which settlement has pit been trade. In such cast Buyer ng~y elect to take such
fruit as he shall consider useable, provided Buyer pays for it in accordance with the terms of this contract- -
4. Buyer has this day advanced to Seller the sum of the receipt
of which is hereby acknowledged by the Seller, which sum is in advance and pare payment for said fruit at the price above
stated. Should Buyer, in breach of this contract, refuse to take this fruit, the amount remaining on deposit with the Seller
shall be forfeited to Seller and shall be the sole damage hereunder.
U
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S. if the value of the'good wholesome, merchantable and marketable fruit available has not equalled the amount - ~
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paid by Buyer at the conclusion of the season provided for herein, the overage immediately will be returned by Seller to Buyer. o M A
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6. Seller warrants good title to said fruit with lawful right to enter into this contract and warrants that it will be ~ o c 0
free of all liens and claims. The individuals signing this contras on behalf of Seller represent that they have authority to do so. ~ a m 4'
` - Sao 0
7. None of the fruit identified in this rnntract is to be soW or delivered by Seller to anyone other than Buyer without ¢ a: ~
f 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 entitled to injunctive relief, plus all other relief ~ pp
~ allowed by law. t'"'
8. Bu}•er 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 required to bring legal
action to enforce the terms of this contract, the party so prevailing shall be entitled to reasonable attorneys fees and costs.
• THIS INSTRUME!~1? PREPARED BY:
TRH CAidA PRODUCTS, INC.
P. 0. BOX 338
BIIADEfdTON, FLORIDA 3306
wlrti~ssES: s1GAruRES: ECONOMY PA COMPANY
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- P. 0. Box 1507
.t-t`6~ ~ ~.p;-.~ ~ . Ft. Pierce, Florida 33450
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