Tyson Animal Feed Guaranty
TYSON FOODS, INC., for itself and its wholly-owned subsidiaries (“Seller”) guarantees that the articles of animal feed (specifically “Products”) sold by Seller to a direct purchaser (“Buyer”), during the period in which this guaranty is effective, shall not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act of June 25, 1938, as amended, the Poultry Products Inspection Act, the Federal Meat Inspection Act as amended (collectively, the “Acts”) or within the meaning of any state food and drug law, the adulteration and misbranding provisions of which are (i) identical with or substantially the same as those found in the Acts, and (ii) are not preempted by the Acts or federal law. Products will not be produced or shipped in violation of sections 404 or 301(d) of the FDC Act. Seller guarantees that no articles of feed sold by Seller to Buyer during the effective period of this guaranty are classified as hazardous materials subject to Department of Transportation Regulations contained in 49 CFR 170-189. Seller represents that it has implemented Good Manufacturing Practices in its production facilities. Seller represents that it shall comply with the provisions of the Public Health Security and Bioterrorism Preparedness and Response Act of 2002. All animal feed has been sifted and passed through magnets to scan for metallic material. All trailers leaving the Tyson facility are sealed and seal numbers are listed on the bill of lading. Notwithstanding anything to the contrary in the foregoing, Seller does not guarantee against the Products becoming adulterated or misbranded within the meaning of the Acts, or any other law covered under this Guaranty, by reason of causes beyond Seller's control after shipment.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY, TO THE EXTENT PERMITTED BY LAW AND EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OF THE FOLLOWING DAMAGES NO MATTER WHETHER DEEMED DIRECT, INDIRECT, OR OTHERWISE: LOSS OF BUSINESS, LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO GOODWILL OR REPUTATION, OR DEGRADATION IN VALUE OF BRANDS. SELLER HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
The guaranty shall continue to be effective until it is revoked by either party by the giving of written notice to the other party. This guaranty revokes any prior guaranties provided by Seller.