HomeMy WebLinkAbout1571 S~?2~55 Mot 8980 ($o) 14' .
FRUIT PARTICIPATION AGREEMENT DEALER CONTRACT
Tills (•t)` I KAC°r. male tnl. - - 5th - Jav ••t - - - -September 1•, 80
t+etween ___VARN CITRUS INC. ron Varn, Jr. ent (K-C76-12
- ' -=-M~ • -
„t _ _ P, O. Box 550 - Ft. Pierc~_ Florida 33450
ISellert anJ TRUPICA\A PRl)DUCfS. IrC . of BraJentun. hluriJatBuyer?.
N'IT~ESSt:TH
1. tieller. m..~n.~Jerau~ro ul the pr~n,ents riirts~J anJ tai be re.eneal pursuant to thl. ~~a,traa. azrre. a..e11 to Buffer larl~ . \LJ.ea.un
mlat \ akncta ~aanges of g~Kla1. ~ hulesume. merchantable anal marketable yuahh , as lulluw
- 15,00 B..ve.l:arh ,md \LJ.easun - 10:_~0___ H~~~r, ~eltnrle.
Tropicana Products, Int.'s Participation price paid to Graver will be no less than
eighty ($.80) cents perpound of solids delivered for the 1980-1981 season, as
determined by the formula provided in the contract.
Advance to be at the rate of 80X of guaranteed price, or of the Buyers spot market
price per pound of solids at time of delivery, whichever is greater.
It is also understood that the prices set forth above are guaranteed prices for
~ the year indicated. The actual price will be the guaranteed price, PLUS all the
rise determined by the formula provided in the contract if it exceeds the guaranteed
price provided for herein.
This agreement is for the 1980-1981 season only.
This contract is to be a ben up~m the Irwt tit Seller until the contract has been fulfilled. irrespective of any whsequent transfer of title to
the fruit. Von-delivery of the specifteJ volume of truh shalt entitle the Buyer to specific performance of the contract. If fire. strike. Act I,f G~>,t.
etc.. prevents Buyer from xcepting any of Seller's fruit. Buyer will permit Seiler to sell elvewhere the amount of (cwt that Buyer is w,
preventrJ from accepting.
3. The fruit is to be picked by Seller end is to be delivered by Seller to Buyer's processing plant. 'fhe fruit is w be pideJ anJ delivereJ as
and when designated by Buyer but in this respect Buyer will as much as possible. but not to hinder his operation, accommlxlate himself to
convenience of Seller. Buyer shall have the right, but not the obligation, to take fruit having degrees Brix lower than 9.5`. He shall have the
right, but not the obligation, to take fruu hav trig a Brix xid ratio bwer than 11 to 1 up to January I of exh growing seawn and lower than 12 to 1
after January I of exh growing season. No fruit will be delivered under contrxt after July IS of current season without amxnt of Buyer-
Buyerwill not be required to take any Temples. ~lurcotts. Tangelos, or Navel Oranges.
4. The fruit is to be paid for as follow.: Buyer will advance Seller weekly for all fruit delivereJ during that wee{, at the rate tit !tt?i of _
Buyers' spot market price per pound of wlids at the time of delivery. less the items to be dedwted as oared in paragraphs A and ~ of this
conuxt. This is to be known as the "tentative prier." The final price u. be pail to Seller will be based uponthe net amlwnt receiveat by Buyer
for the chilled orange juice wld. All fruit received from all wurces (incluJing Buffer's own orangev. and all the oranges they may buy 1 w ill he
used and all suppliers will be treated eywlly in computing That price. The prier for fruit classified as Early anJ ~Ldsea+un Irwt well I?e
determined as one category and the price of fruit classified as Late season will be determined as a separate categaxy The pn:e tea hlNh
categories will be computed as followr. Buyer will deduct from his net F O. B. BraJenwn. Florida. selling price Icss allow once.. certain Hems
of cost and profit as folbws:
A. For all operating expenses as determined by Buyer using generally xcepted xcounting standards aid procedure. "flits w 111 In:luJe
plant. storage. freezing, warehousing, selling and administrative expenses. etc.. but will not include the cost of pxlagtng materials
B. For packaging materials. market price of the foregoing items ur similar pxkaging as JeterimrieJ h_v Buyer ~~.a t.• h .6•terr~~:ne.l by
prices charged by affiliated companies.
C. Profit. 3~.G of net FO.B. selling price. ~
RiTur,ll TO
TROPI~ANA FR~Dt,'CiS, IP(C.
~ P.O. Box 338 t~3~ ps~~.CJ7~.
6radenton, Florida 3350h BUdK ,
" I _