Defendant Cross Creek sells seeds and sold seed packets to a number of plaintiffs. The seeds were mislabeled causing the plaintiffs monetary loss. The defendant concedes that the Court accept Plaintiffs’ contention that each container of seed sold to Plaintiffs was mislabeled, meaning that the seed in the container was not the type of seed indicated on the label. Cross Creek indicates that it will tender judgment to each Plaintiff for the purchase price of the seed if the Court holds that Cross Creek’s limitation of remedies is enforceable. On the other hand, if the Court holds that the limitation is not enforceable, Cross Creek reserves all defenses to any claim that its seed was mislabeled, was otherwise defective, or was the cause of any losses claimed by Plaintiffs. Is the negotiated terms to limit damages to just the cost of the seed packets enforceable? [Kornegay Family Farms, LLC v. Cross Creek Seed, Inc. North Carolina Superior Court, Johnston County April 20, 2016, Decided 15 CVS 1646, 15 CVS 338, 15 CVS 428, 15 CVS 551, 15 CVS 427, 15 CVS 939, 15 CVS 1202, 15 CVS 2064 Reporter 2016 NCBC LEXIS 30 *; 2016 NCBC 30; 2016 WL 1618272.]

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