EXCEPT AS EXPRESSLY PROVIDED HEREIN, E. BENSON HOOD LABORATORIES INC. HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE GOODS, WHETHER EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, AND WHETHER ARISING AT LAW, IN EQUITY, BY CONTRACT, COURSE OF PERFORMANCE OR DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, (A) THE WARRANTY OF MERCHANTABILITY, (B) THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (C) ANY WARRANTY OF TITLE, OR (D) ANY WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
As a result of biological differences in individuals, no product is 100% effective under all circumstances. Because of this fact and since we have no control over the conditions under which the device is used, diagnosis of the patient, methods of administration or its handling after the device leaves our possession, E. Benson Hood Laboratories Inc. does not warrant either a good effect or against an ill effect following its use. E. Benson Hood Laboratories Inc. shall not be liable for any and all incidental or consequential losses, damages or expenses arising directly or indirectly from the use of any device. The signature of any buyer, or buyer’s representative, on any purchase order operates as buyer’s acceptance of these terms that apply to and govern the sale of the goods on the particular purchase order. At its discretion, E. Benson Hood Laboratories Inc. will replace any device that was defective at the time of shipment. No representative of E. Benson Hood Laboratories Inc. may change any of the foregoing or assume any additional liability or responsibility in connection with any sale.