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NOTICE: LIMITATION OF WARRANTY AND REMEDY.

Requesting party acknowledges and agrees that the testing will be conducted only on the sample provided by the requesting party. The test results shall represent only the condition of the sample at the time the tests are performed. SODAK LABS, INC.MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING SAID SAMPLE TESTED OR ITS TEST RESULTS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR ABSENCE OF DISEASE. Upon acceptance of the test results, requesting party expressly agrees that its exclusive remedy for any breach of duty owed or damages for any cause, including breach of contract, breach of warranty and negligence, in regard to the test results or the test report shall be limited solely and exclusively to a refund of the fee charged for testing the seed sample. In no event shall SoDak Labs, Inc. or any of its employees, officers, directors or contractors be liable for any damages, whether incidental or consequential, including loss of profits. This disclaimer of warranty and limitation of liability and remedy may not be altered or amended except in writing by SoDak Labs, Inc. and the requesting party.
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