In 2005, Thomas, a tomato farmer, ordered 50 kg of tomato seed from the same seed sellers he had been doing business with for years. The seeds arrived with invoices which included a clause (term) excluding all liability for any loss or damage, and limiting the sellers’ liability to an obligation to replace the seed or repay the purchase price, which in this case was $600. The tomato seeds were planted and proved to be the wrong type which , comma was poisonous.
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