E. Benson Hood Laboratories, Inc., in the case of special order products, is acting as a contract manufacturer and the physician is the developer. The special order product is not being ordered or manufactured for general distribution.
E. Benson Hood Laboratories, Inc., has warranted only that, at the time of sale, the goods sold shall be free of defects in workmanship and material. Devices are being supplied with the understanding the recipient intends to make the sole determination of use or application. Seller makes no warranty or representation, express or implied, including any implied warranty or merchantability or fitness for purpose; use at practitioner’s sole risk. Seller shall not be liable for any damages physical or otherwise.
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