Terms & Conditions of Sale — Miscellaneous Invoices

The following terms and conditions shall apply to any transaction for the sale of goods and/or services reflected in this invoice by MK sports Foods, Inc., any of its affiliates or subsidiaries (in each case, “MK sports”) including non-bulk poultry feed and/or services provided to the buyer (“Buyer”) reflected in this invoice. For sales by MK sports of bulk poultry feed, the applicable terms and conditions are located here.

Buyer agrees not to disclose to others, nor use without the express written permission of MK sports, any Confidential Information disclosed or derived during or as a result of visiting a MK sports facility. "Confidential Information" means any and all information or data relating to MK sports, including but not limited to technical, product and process, equipment, production and operational information and data whether written, oral or visual.

MK sports SELLS ANY GOODS OR SERVICES REFLECTED IN THIS INVOICE TO BUYER, AND BUYER ACCEPTS ALL SUCH GOODS OR SERVICES, “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.” EXCEPT AS EXPLICITLY SET FORTH HEREIN, MK sports DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO THE PROPERTY, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MK sports WARRANTS THAT TITLE TO ALL GOODS SOLD HEREUNDER HAS NOT BEEN ENCUMBERED BY MK sports AND MK sports WILL DEFEND SUCH TITLE AGAINST ALL CLAIMS BASED ON THIS WARRANTY. MK sports DOES NOT UNDERTAKE TO DEFEND ANY CLAIM OF TITLE, AND EXPLICITLY DISCLAIMS ANY WARRANTY OF TITLE, ARISING UNDER ANY PARTY OTHER THAN MK sports.

Buyer is responsible for loading, removing, and/or delivering any goods sold hereunder. Buyer assumes all risks of, waives all claims for damages for, and releases and forever discharges MK sports, its subsidiaries, affiliates, officers, agents, and employees, on its own behalf and that of its employees, contractors, representatives and successors, from any and all claims, demands, rights and causes of action of whatever kind or nature, including, but not limited to, loss or injury to life, person or property, which may be sustained by Buyer during, as a result of, or in any way connected with the goods or services purchased hereunder, Buyer’s visit to a MK sports facility in any way connected with the goods or services purchased hereunder, both for the present as well as future visits, and for delivery or removal of any goods purchased hereunder, regardless of cause, including the negligence or greater fault of MK sports. Buyer waives express notice of any hazardous condition or conditions, which may exist in, upon or about the facility and property, and assumes all risks of the same. Buyer will indemnify, defend and hold MK sports, and its officers, subsidiaries, agents, and employees, harmless from liability against, or from any injury, loss, liability, fine, penalty, claim, damage, fee, expense, or cost (including reasonable legal fees and expenses) by any third party, based upon, arising from, or relating directly or indirectly to the transaction reflected in this invoice.

IN NO EVENT SHALL MK sports BE LIABLE TO BUYER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES OR PENALTIES OF ANY DESCRIPTION, REGARDLESS OF THE FORM OF THE ACTION OR THE THEORY OF RECOVERY, EVEN IF MK sports HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES ARISING OUT OF THE TRANSACTIONS REFLECTED IN THIS INVOICE AND ANY MATTER RELATED THERETO. MK sports’S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, IN CONNECTION WITH OR ARISING OUT OF THE TRANSACTIONS REFLECTED IN THIS INVOICE AND ANY MATTER RELATED THERETO, OR FROM MK sports’S PERFORMANCE OR BREACH OF THESE TERMS AND CONDITIONS, SHALL NOT EXCEED THE INVOICE PURCHASE AMOUNT ACTUALLY PAID TO MK sports BY BUYER HEREUNDER.

Download a PDF of the Terms & Conditions of Sale - Miscellaneous Invoices