PRICE & QUANTITY
Anything herein and any course of dealing between parties to the contrary notwithstanding. (1) Seller shall not be obligated to sell or delivery any quantity of the product(s) covered by this acknowledgement beyond the amount, if any, which in Seller’s sole judgment is available for such purposes at the date proposed shipment of such products(s) to the buyer. (2) Seller reserves the right to modify shipping point and/or schedule and shall not be liable for any failure to ship products as scheduled or from point of origin. (3) The price of any product(s) to be supplied hereunder shall be Seller’s price for such product(s) as of the date of shipment thereof, unless otherwise agreed in writing. (4) Seller reserves the right to set minimums and/or premiums or to reject orders for unusual configurations or amounts. (5) Overrun or underrun of 10% or less in filling orders shall constitute full compliance with all orders, although Buyer must pay for only the quantity actually delivered. (6) Any freight allowances shall be those specified by Seller as of the date of shipment thereof. (7) If payments are not made when due, or if Seller has reason to believe that Buyer has unsatisfactory financial responsibility, Seller may require cash in advance or other payment terms, suspend shipment or cancel this agreement. (8) If this account is given to an attorney for collection, or if suit is brought for collection, or if it is collected through probate, bankruptcy or other judicial proceeding, then buyer shall pay to HMS Group all costs of collection, including reasonable attorney’s fees and court costs, in addition to other amounts due.