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Website and Commercial Terms | Revised November 2026
These Terms and Conditions govern use of FORT International's website and all transactions, products, services, orders, deliveries, customer accounts, and other business conducted with FORT International ("FORT"). By accessing the website, maintaining an account, placing or approving an order, issuing a purchase order, accepting products or delivery, or otherwise engaging FORT for products or services, the Customer agrees to these Terms, except to the extent a separate written agreement signed by an authorized representative of FORT expressly provides otherwise.
Continued use of FORT's services, including placing orders or accepting delivery, constitutes acceptance of the then-applicable Terms. Customers should review these Terms periodically and contact their Sales Representative or Operations@FortInternational.com with questions before proceeding with a transaction.
Website content is provided for general informational purposes and does not constitute legal, financial, or other professional advice. Product descriptions, images, specifications, availability, and other content may be supplied by manufacturers or third parties and may change without notice. FORT may correct errors or update content at any time.
To the fullest extent permitted by law, the website and its content are provided "as is" and "as available." FORT does not warrant uninterrupted or error-free access. Links to external websites are provided for convenience only and do not constitute endorsement; FORT is not responsible for third-party content, products, services, privacy practices, or availability.
All FORT website content, including text, graphics, logos, images, designs, and software, is protected by applicable United States and international intellectual property laws. Unless otherwise permitted in writing, content may be viewed or printed for legitimate personal or internal business use only and may not be reproduced, distributed, modified, republished, or commercially exploited.
If you believe content on the website infringes intellectual property rights, please notify info@fortinternational.com with sufficient information for FORT to review the matter.
Products and services are subject to availability. Product specifications, packaging, manufacturers, lead times, and availability may change because of market conditions, manufacturer changes, shortages, transportation conditions, or other circumstances outside FORT's reasonable control.
Where appropriate, FORT may offer or allocate a reasonably comparable substitute. Customer approval will be obtained where a contract, purchase order, customer-specific requirement, or material product difference requires approval. FORT reserves the right to correct pricing, description, specification, or availability errors before fulfillment.
FORT will collect sales or other transaction taxes when required by applicable law. Customers claiming exemption are responsible for providing valid and current exemption or resale documentation before invoicing. If acceptable documentation is not on file, FORT may charge applicable tax. Customers are responsible for taxes imposed by jurisdictions in which they purchase, receive, use, or resell products, except taxes imposed on FORT's net income.
Unless fixed by a separate written agreement, quoted and platform pricing is subject to change based on manufacturer pricing, raw-material costs, tariffs, freight, fuel, supply-chain conditions, shortages, and other market factors. FORT may correct obvious pricing errors before shipment. Customer-specific contracted pricing will be governed by the applicable written agreement for the stated term.
Approved credit terms are stated on the Customer's account, quote, invoice, or separate agreement. Unless otherwise agreed in writing, payment is due according to the invoice terms. FORT may charge interest on overdue balances at 1.5% per month (18% annually) or the maximum lawful rate, whichever is lower, together with lawful collection costs and reasonable attorneys' fees where recoverable.
Available payment methods may include ACH transfer, wire transfer, check, and credit card. Any disclosed card-processing fee will be applied only where permitted by law. FORT may suspend shipments, place accounts on hold, require prepayment, or revoke credit terms when balances are past due or credit risk materially changes.
Credit is granted at FORT's discretion following review of the Customer's account and available credit information. FORT may establish, modify, reduce, suspend, or revoke credit limits or terms based on payment history, financial condition, credit information, or other legitimate business considerations. Changes will apply prospectively unless otherwise agreed in writing.
All orders are subject to FORT's acceptance. An acknowledgment, automated confirmation, quote, or receipt of a purchase order does not require FORT to fulfill an order affected by a pricing error, credit issue, product discontinuation, shortage, or other reasonable business constraint.
Orders may not be canceled or modified after shipment, manufacturer commitment, production, customization, or procurement specifically for the Customer has begun, unless FORT agrees in writing. Custom products, special-order products, and customer-specific inventory are subject to the additional provisions below.
Custom-manufactured, branded, imprinted, specially configured, nonstandard, or otherwise customer-specific products are non-cancelable and non-returnable once production or a non-cancelable supplier commitment begins. Customer is responsible for reviewing and approving specifications, artwork, quantities, dimensions, colors, logos, proofs, and other requested details before production.
If a Customer cancels, refuses, materially reduces, or discontinues a committed custom or special-order program after FORT has incurred or committed costs, Customer remains responsible for the affected finished goods, work in process, non-cancelable supplier commitments, special freight, and other direct costs attributable to that commitment, subject to any controlling written agreement.
When FORT agrees to maintain recurring inventory for a Customer based on weekly or monthly usage, PAR levels, forecasts, shopping lists, or other Customer-provided requirements, those products may be designated as Customer-Specific Allocation. Unless otherwise agreed in writing, the standard allocation is intended to support approximately 30 days of anticipated usage.
Customer agrees to provide at least 45 days' written notice before materially reducing, replacing, suspending, or discontinuing an allocated item or terminating an allocation program. During the notice period, FORT may manage physical and incoming inventory already purchased or committed based on the Customer's established usage and instructions.
If the Customer terminates the relationship, interrupts service, discontinues an allocated product, materially reduces anticipated usage without sufficient notice, or otherwise leaves Customer-Specific Allocation that FORT reasonably acquired or committed based on the Customer's requested allocation, Customer agrees to purchase and pay for 100% of the remaining allocated inventory within 30 days, to the extent permitted by applicable law and any controlling written agreement.
Storage of Customer-Specific Inventory. Customer-Specific Allocation remaining in FORT's possession because the Customer has discontinued, materially reduced, suspended, or otherwise failed to purchase products according to the established allocation or usage may be subject to a storage fee of $39.99 per pallet, per month, or any portion thereof. The storage charge may begin 30 days after the inventory is required to be purchased under this Section or after written notice from FORT that the inventory is being held for the Customer, as applicable. Storage charges are in addition to, and do not replace, the Customer's obligation to purchase and pay for the allocated inventory. FORT's continued storage of Customer-Specific Allocation does not constitute a waiver of the Customer's purchase obligation.
Customers should promptly notify FORT of material changes in consumption, census, occupancy, operations, product standards, facility requirements, or other conditions that may affect forecasted usage. FORT may periodically provide inventory or PAR reports for review.
Returns require prior written authorization from FORT and are accepted at FORT's discretion except where applicable law or a controlling written agreement provides otherwise. Custom products and special orders are non-returnable. Authorized stock-product returns must be unused, in original packaging, in resalable condition, and requested within five (5) days after delivery unless FORT agrees otherwise.
Unless the return results from FORT's error or an accepted product defect, Customer is responsible for outbound and return freight and a 25% restocking fee may apply. No return should be shipped until FORT issues authorization.
Delivery dates and lead times are estimates unless a separate written agreement expressly makes a date binding. FORT is not responsible for delays caused by carriers, manufacturers, shortages, weather, labor disruptions, governmental action, customer access restrictions, or other circumstances beyond FORT's reasonable control.
Risk of loss and title will transfer as provided by the applicable written agreement, shipping term, purchase order accepted by FORT, or law. Nothing in these Terms alters a specifically negotiated FOB or delivery term contained in a controlling written agreement.
Customer should inspect deliveries promptly. Visible shortages, damage, incorrect items, or other delivery discrepancies should be noted on the delivery record when reasonably possible and reported to FORT within 48 hours after delivery. Concealed damage should be reported promptly after discovery. FORT may request photographs, packaging, delivery records, or other reasonable documentation to investigate a claim.
An "Inside Delivery" is a Customer-requested delivery beyond the designated loading dock, receiving area, building entrance, or other standard point of delivery. FORT is happy to accommodate Inside Delivery when feasible, but it is not part of FORT's standard delivery obligation unless expressly included in a purchase order, contract, quote, or other written agreement accepted by FORT.
Customer is responsible for providing a safe and reasonably accessible path to the requested delivery location, including necessary access to elevators, hallways, corridors, secured areas, loading areas, and other portions of the facility. FORT or its delivery provider may decline or stop an Inside Delivery when conditions are reasonably believed to be unsafe, inaccessible, or likely to cause injury or material property damage.
By requesting or accepting Inside Delivery, Customer acknowledges the additional risks associated with moving merchandise within the facility and, to the fullest extent permitted by applicable law, releases and holds harmless FORT International and its affiliates, officers, directors, employees, agents, independent contractors, third-party carriers, delivery companies, drivers, subcontractors, and other service providers from liability for incidental property damage, personal injury, or other claims arising from or related to the Inside Delivery, except to the extent caused by the gross negligence or willful misconduct of the party seeking protection.
Customer agrees, to the fullest extent permitted by applicable law, to indemnify and defend FORT and the foregoing protected parties against third-party claims arising from unsafe site conditions, inadequate access, Customer instructions, or other conditions within Customer's control relating to an Inside Delivery, except to the extent caused by the gross negligence or willful misconduct of the party seeking indemnification.
A delivery may be evidenced by a signed proof of delivery, electronic signature, receiver name, photograph, geolocation record, carrier record, delivery scan, or other commercially reasonable delivery confirmation. Acceptance by personnel reasonably appearing authorized to receive goods at the delivery location will constitute receipt by Customer unless a controlling written agreement requires a different procedure.
Customer is responsible for identifying site-specific delivery restrictions, security procedures, appointment requirements, elevator limitations, dock restrictions, infection-control procedures, safety requirements, and other access conditions before delivery. Additional services, waiting time, redelivery, special equipment, or access requirements not disclosed in advance may result in additional charges where permitted.
Customer is responsible for determining whether products are suitable for its intended use and for complying with manufacturer instructions, safety information, storage requirements, applicable laws, and industry requirements. FORT does not control how products are used after delivery.
To the extent a product carries a manufacturer's warranty, FORT will reasonably assist Customer in presenting a valid warranty claim when appropriate. Except for warranties expressly made by FORT in writing and warranties that cannot lawfully be disclaimed, FORT disclaims implied warranties to the fullest extent permitted by law. This section does not limit rights that cannot legally be waived.
To the maximum extent permitted by applicable law, FORT's aggregate liability arising from a particular product, order, or service will not exceed the amount paid to FORT for the specific product, order, or service giving rise to the claim. FORT will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost business, lost revenue, loss of use, or loss of goodwill, even if advised that such damages may occur, except where such limitation is prohibited by law.
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
To the fullest extent permitted by applicable law, Customer agrees to indemnify, defend, and hold harmless FORT International, its affiliates, officers, directors, employees, agents, independent contractors, third-party carriers, delivery companies, drivers, and subcontractors from third-party claims, damages, losses, liabilities, costs, and reasonable attorneys' fees to the extent arising from or caused by Customer's misuse of products, violation of applicable law, unsafe facility conditions within Customer's control, instructions or directions provided by Customer, or infringement resulting from Customer-supplied artwork, specifications, trademarks, or other materials.
Customer's obligations under this Section will not apply to the extent a claim results from the negligence, gross negligence, or willful misconduct of FORT or the party seeking indemnification.
Each party will use reasonable care to protect non-public business information received from the other party, including confidential pricing, customer information, product specifications, forecasts, and operational information, and will use such information only for legitimate purposes related to the business relationship, except where disclosure is required by law, public-records requirements, or a controlling agreement.
FORT will not be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, severe weather, fire, war, terrorism, civil disturbance, labor disputes, epidemics or pandemics, transportation interruption, port disruption, cyber incidents affecting third parties, utility failures, manufacturer shortages, raw-material shortages, governmental restrictions, embargoes, tariffs, or similar events. FORT will use commercially reasonable efforts to mitigate material effects where practicable.
FORT may suspend or terminate services, refuse new orders, or require prepayment if Customer materially breaches these Terms, fails to pay amounts when due, becomes insolvent, creates an unreasonable safety or credit risk, or otherwise materially impairs the business relationship. A Customer participating in the Stock Allocation Program must provide the 45 days' written notice described in Section 11 before terminating or materially reducing an allocation program. Customer termination remains subject to outstanding payment obligations, accepted purchase orders, custom-product commitments, Customer-Specific Allocation purchase and storage obligations, and other provisions intended to survive termination.
Users may not misuse the website, interfere with its operation, attempt unauthorized access, introduce malicious code, impersonate another person, submit unlawful or infringing content, or use the site in a manner that violates applicable law. Customers are responsible for maintaining the confidentiality of their account credentials and for promptly notifying FORT of suspected unauthorized account activity.
Customer consents to conducting business electronically, including receiving quotes, order confirmations, invoices, account notices, Terms updates, delivery records, and other business communications by email, customer portal, or other electronic means. Electronic records and signatures may be used to the extent permitted by applicable law.
Each party is responsible for complying with laws applicable to its own performance under the transaction. Customer is responsible for laws and industry requirements governing its purchase, storage, handling, resale, and use of products.
Where FORT and Customer are parties to a separately negotiated written contract, government contract, master services agreement, group purchasing agreement, or other agreement signed by authorized representatives, that agreement controls to the extent it expressly conflicts with these Terms. These Terms supplement, rather than replace, non-conflicting provisions of such agreements.
Unless a controlling written agreement states otherwise, a Customer purchase order is accepted solely for identifying products, quantities, requested delivery information, and agreed pricing. Additional or conflicting boilerplate terms printed on or incorporated into a Customer purchase order do not modify these Terms unless expressly accepted in writing by an authorized representative of FORT.
These Terms and transactions with FORT are governed by the laws of the State of Florida, without regard to conflict-of-law principles, and are not governed by the United Nations Convention on Contracts for the International Sale of Goods. Unless a controlling written agreement provides otherwise, any court proceeding arising from these Terms or a transaction with FORT shall be brought in a state or federal court of competent jurisdiction in Miami-Dade County, Florida.
Before filing a lawsuit, the parties should make a good-faith effort to resolve a commercial dispute through direct discussion and, where mutually agreed, mediation. If a separate signed agreement requires arbitration or another dispute-resolution procedure, that agreement will control. Nothing in this section prevents either party from seeking emergency injunctive relief or pursuing undisputed amounts due where permitted by law.
To the extent permitted by applicable law and except where a controlling written agreement provides otherwise, any claim arising from a transaction with FORT must be brought within one (1) year after the claim accrued. This provision does not shorten a limitations period where applicable law prohibits doing so.
FORT's failure to enforce a provision on one occasion does not waive that provision or any other right. Neither a course of conduct nor trade practice modifies these Terms unless FORT expressly agrees in writing. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect.
Customer may not assign material rights or obligations arising from a transaction with FORT without FORT's prior written consent, except as part of a bona fide merger or sale of substantially all of Customer's relevant business. FORT reserves the right to assign its rights and obligations under these Terms to any party at any time without notice to Customer, to the extent permitted by applicable law.
FORT may update these Terms prospectively from time to time. The current version and effective date will be posted on FORT's website. Changes will apply to transactions occurring after the updated Terms become effective and to continued use of FORT's services where permitted by applicable law, unless the parties otherwise agree. Existing separately signed agreements remain governed by their own amendment provisions.
These Terms, together with FORT's accepted quotes, sales orders, invoices, purchase orders to the extent accepted by FORT, customer-specific agreements, and other written agreements applicable to a transaction, constitute the parties' agreement regarding the matters they cover. Where a separate signed agreement conflicts with these Terms, Sections 28 and 29 govern priority.
Provisions concerning payment, Customer-Specific Allocation, storage fees, custom products, intellectual property, confidentiality, limitation of liability, indemnification, dispute resolution, and other provisions that by their nature should survive will survive completion or termination of the relationship.
Questions regarding these Terms may be directed to your FORT Sales Representative or to Operations@FortInternational.com. Accounting matters may be directed to accounting@fortinternational.com.
Last Updated November 4, 2026
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