In the case of disputes concerning short or non-delivery, deferred or late shipment, the buyer shall be deemed to have waived his right to make a claim unless he shall have lodged his claim for compensation or arbitration with the seller or his broker within seven (7) days of his having been notified by the seller of the short or non-delivery or of the seller's inability to make shipment within the extended periods provided for in this contract. (Signatures of buyer, seller and broker.) Form of Contract Used in Co-Operative Canning WHEREAS: Certain apricot growers of the county of Santa Clara, State of California, one of whom is the hereinafter named "grower,' desires to engage the (name of company), a corporation, to pack, can and sell for their benefit all apricots which they shall produce for the year of 1924; and WHEREAS: Said (name of company) is willing to pack, can and sell pricots for the benefit of said growers, upon the terms herein set forth: Now, therefore, this agreement made and entered ino this day of January, 1924, by and between said (name of company), a corporation duly organized and existing under the laws of the State of California, the party of the first part, hereinafter sometimes called "corporation" and (name of individual grower) one of said pool of apricot growers above referred to, party of the second part, hereinafter sometimes called "grower.' WITNESSETH: Said "grower" for and during the apricot season of 1924, hereby agrees properly to harvest and deliver to said first party in good condition for canning, free from worms, bruises, or other imperfections, all canning apricots grown and produced by said grower in his orchard, consisting of approximately Section No., Township N., Range. acres, and situated in E., M. D. B. and M., _county, California, said apricots being estimated at approximately tons; delivery to be made by truck to Southern Pacific Company station at California, and there received by first party. Apricots so delivered shall be at the time of delivery graded and accepted as to quality by said first party, all apricots free from defects and of proper size to be graded as No. 1 in quality, and all other apricots so delivered and accepted to be graded as No. 2 in quality; provided, however, that said corporation shall have the right to reject any apricots that are unfit for canning purposes. Said first party further agrees to furnish lug boxes for picking and delivering said apricots, said boxes to be handled carefully by the "grower" and "grower" agrees to return all boxes furnished him promptly after said crop has been gathered, it being understood that all freight charges for shipping such boxes shall be charged to the "grower," and if any boxes are not returned the "grower" shall pay for the same at the current market value thereof. Said "corporation" hereby agrees to receive, pack and can, for the benefit of said "grower" in a careful and marketable manner, and according to the accepted formula therefor, all apricots received and accepted by it hereunder, and hereby guarantees that the apricots so packed by it shall conform to the requirements of the National Food and Drug Act of June 30, 1906, as amended; all apricots to be packed, labeled and sold under the brands of party of the first part, and further agrees to warehouse and pack until sold, warehouse receipts to be taken in the name of said "corporation" as security for the faithful performance hereunder of "growers" obligations, and said "corporation" is hereby authorized to use said warehouse receipts as collateral. In the event said "corporation" shall borrow money for the purpose of carrying out its obligations herein, then all interest charges therefor shall be included as an expense to be borne by said "grower," in the same proportion as other expenses hereunder. Said "grower" hereby constitutes and appoints first party his sales agent for the purpose of selling and marketing said apricots, and said first party agrees to dispose of said apricots at the highest available market price. It is understood by the "grower" that this contract is only one of several contracts of like nature, entered into between other growers of Santa Clara County and said "corporation," and that all fruit delivered under this contract shall be commingled and pooled with fruit of like grade and need not be kept separate from that of other growers, and that he shall bear his share of all expenses of every kind and character arising out of the operation of said plant, and the manufacture, shipping, warehousing and sale of said apricots in proportion that the weight of each respective quality of such fruits delivered by "grower" bears to the total weight of each respective quality delivered by all "growers" signing similar contracts and comprising such pool; excepting taxes and insurance on said plant. From the purchase price so received by said "corporation" from the sale of said apricots there shall be deducted and retained and paid to said "corporation" First: All costs of operation, manufacture and materials used therein, shipping, warehousing, insurance and sale of said fruit, as hereinabove set forth. Second: The sum of 25 cents for each dozen of No. 21⁄2 cans; 121⁄2 cents for each dozen No. 1 tall cans, 121⁄2 cents for each dozen of No. 1 picnic or flat cans and 50 cents for each dozen of No. 10 cans of said apricots. Third: The balance then left shall be by the first party apportioned and paid to said "growers" in the same proportion that said "growers" herein agrees to bear the expense. Neither party hereto shall be liable for any loss or damage occasioned by, or resulting from strikes, or other labor disturbances, car shortage, perils of sea, floods, earthquake, fire, action of the elements, invasion, war, riot, insurrection, rebellion, or interference by civil or military authorities. Said first party, however, shall have the option of specifically enforcing this agreement against said "grower" or his successor or assigns. Said "grower" further agrees that in the event of the sale by him of his said orchard during the term hereof, he will require said purchaser to assume this contract and all liabilities thereunder. Whenever it shall appear to said "corporation" to be for the advantage of said "grower" to dispose of said apricots on consignment, or otherwise, instead of packing the same as herein provided, said "corporation" shall have full authority and power to dispose of said apricots or any part thereof, on consignment, or otherwise, and for all apricots so disposed of said "corporation" shall be entitled to a commission of % of the net selling price of said apricots, said commission to be deducted by said "corporation" from said net price prior to remittance to and settlement with said "grower." In Witness Whereof, the party of the first part has hereunto, and to a duplicate hereof, caused its corporate name to be subscribed and its corporate seal to be affixed by its proper officers thereunto duly authorized, and the party of the second part has hereunto, and to a duplicate hereof, set his hand and seal, the day and year first above written. (Signatures.) Superintendent's Contract San Francisco, July 15, 1924. John Doe is hereby engaged as superintendent of the canning plant of the (name of company) located at (address of plant) for the seasons of 1924 and 1925, said employment to commence on the first day of March, 1924, and shall end on the thirty-first day of December, 1925, unless continued by agreement. The said John Doe is to have general supervision over all departments of the plant including time keeping, receiving green produce, preparation, canning, siruping, can stacking, warehouse, box making and power plant. He shall have general supervision over all employees of the factory and warehouse including foremen and forewomen and shall have the sole hiring and discharging of such employees. He shall have supervision over the receiving and distributing of green produce and over the grading and packing of such green produce and over all other matters pertaining to the operation of the factory and the said John Doe does agree to devote his entire time during the life of this contract to the duties of his position and shall endeavor, to the very best of his ability, to make a successful and profitable pack and to keep the loss from leaks and swells under three per cent of the total pack and he shall receive as a bonus and in addition to his salary for keeping such loss below three per cent an amount equal to twenty-five per cent of his yearly salary for each one per cent under three per cent saved on such loss, said percentage of leaks and swells to be figured on the total pack reduced to the equivalent of No. 22 cans for fruits and No. 2 cans for peas, the said bonus to be payable as soon as the total pack has been determined by the final inventory taken at the close of the year. In consideration of the faithful performance by the said John Doe of the services herein enumerated the said (company) does agree to pay to the said John Doe the sum of $_ for the entire term of this contract, said payment to be made in twenty-two monthly installments of equal amount and payable on the last day of each and every month until paid in full and the said (company) further agrees that ail orders and instructions to be given to the said John Doe shall be given only by the general manager of the company or in his absence, by such person as may be duly authorized by him. Box Shook (Signatures.) Box shook should never be purchased until a sample has been cut, received, made up and tested for size and quality. The contract should contain a clause as follows: "It is understood and agreed that all shook are to be made from white pine ends and white fir sides, tops and bottoms, well seasoned dry lumber, free from all serious imperfections. Ends and sides to be made of one piece; the tops and bottoms not to exceed two pieces each. The workmanship on all shook to be first class and shook to be in every way merchantable and regularly up to measurement. Corner posts, 734 x 134 x 134 in. cut triangular. Lug Boxes-Large Size, 50 Pounds Net Corner posts, 834 x 134 x 134 in. cut triangular. Small size commonly used. Use 7d barbed, box nails in making. Shook: First class white pine. Full size and measurement. Boxes (small) when complete to tare 10 pounds. California Box Shook Six-Ounce Paste, 100 Cans Measurements: Length width and depth. in. Inside measurement, 223% x 114 x 7 2 Ends, 114 x 74 x 7 in. 1 piece. Pine. |