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?