HIH LABORATORY, INC. (hereinafter referred to as “HIH”) warrants that services provided shall be in accordance with established and recognized analytical testing procedures and with reasonable care. No other warranties or guarantees are made by HIH.

The liabilities and obligations of HIH, and the remedies of the client, under or in connection with any HIH services shall be LIMITED TO REPEATING THE SERVICES PERFORMED, or at the sole option of HIH, refunding the fees in full or in part with respect to such services; provided however, such failure or alleged negligence is reported in writing to HIH within 30 days after the discovery thereof, but in no event later than one year from the performance of the services by HIH.

In no event will HIH, its owners, or its employees be responsible for any punitive, consequential, incidental, indirect, or special damages (including loss of profits or revenue by the client or any third party). Maximum liability shall be limited to the amount covered by the general liability insurance carried by HIH.

The services provided by HIH could not be made available without an increase in cost if HIH is required to provide any representations, warranties, or guarantees in addition to, or in lieu of, those expressly set forth above.