| All shipments by CineMag Inc. (“CineMag”) are F.O.B. point of
shipment from CineMag's facility and the amount of all
transportation charges will be paid to CineMag by the Customer in
addition to the purchase price of the Products. Subject to CineMag's
right of stoppage in transit, delivery of the Products to the
carrier will constitute delivery to Customer and title and risk of
loss will pass to Customer. CineMag will make reasonable efforts to
initiate shipment and schedule delivery as close as possible to
Customer's requested delivery date(s). Customer acknowledges that
delivery dates provided by CineMag are estimates only and that
CineMag will not be liable for failure to deliver on such dates.
Selection of the carrier and delivery route will be made by CineMag
unless specifically designated by Customer. CineMag reserves the
right to make deliveries in installments. Delay in delivery of one
installment will not entitle Customer to cancel any other
installment(s). Delivery of any installment of Products within
thirty (30) days after the date requested will constitute a timely
delivery. Delivery of a quantity which varies from the quantity
specified shall not relieve Customer of the obligation to accept
delivery and pay for the Products ordered and delivered. |