Hospital Management System

ACCEPTANCE: The acceptance of your order by King Industries, Inc. (“Seller”) is EXPRESSLY MADE CONDITIONAL UPON BUYER’S ASSENT TO THE TERMS AND CONDITIONS HEREIN SET FORTH and these constitute the only binding contract terms and conditions between the parties. Unless modified in writing and signed by both parties, your assent to the terms and conditions stated herein will be understood and delivery will be made accordingly. PRICE AND 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 King Industries, Inc. all costs of collection, including reasonable attorney’s fees and court costs, in addition to other amounts due. TAXES: Any tax, excise or other governmental charge imposed upon the production, value added, sale or transportation of or to any material or product(s) sold hereunder which Seller may be required to pay shall be paid by Buyer to Seller in addition to the purchase price. Buyer shall provide Seller, on request, properly completed exemption certificates for any tax from which Buyer claims exemption. MISCELLANEOUS: No waiver by either party or any breach of other terms or conditions herein contained shall be construed as a waiver of any succeeding breach of the same or other terms and conditions. This agreement shall be construed and enforced under the laws of the State of Connecticut. Cancellation and changes in orders can be accepted only if the order is not in actual production. This agreement consists only of the terms and conditions set forth herein. Any modifications must be in writing and signed by both parties.