Terms & Conditions | Fortis Solutions Group Website Use

Terms & Conditions

Effective: 01/01/2026

TERMS AND CONDITIONS

1. Quotation; Order Acknowledgment

A quotation from Fortis Solutions Group, LLC or its applicable subsidiary or affiliate, referred to as “Fortis,” is valid for 60 days from the date of the quotation.

The buyer, referred to as “Buyer,” may accept the quotation by submitting a purchase order within the 60 day period.

If Buyer attempts to accept the quotation after 60 days:

  • Fortis may accept it as presented

  • Reject it

  • Or issue a counterproposal

Quotations are based on the accuracy of the specifications provided by Buyer.

Fortis may re quote a job at the time a purchase order is submitted if:

  • Quantity differs

  • Artwork differs

  • Specifications differ

  • Any other inputs or materials differ from the original quotation

Fortis’ quotation, including these Terms and Conditions, constitutes an offer.

If Buyer submits a purchase order in response, it constitutes acceptance of Fortis’ offer.

If Fortis issues an Order Acknowledgment or Order Confirmation containing these Terms and Conditions in response to Buyer’s purchase order:

  • Buyer’s purchase order is expressly rejected

  • Fortis’ Order Acknowledgment or Order Confirmation constitutes a counteroffer


2. Contract and Acceptance

(a) General Terms

All sales of goods or equipment, referred to as “Products,” are subject to these Terms and Conditions.

Unless agreed otherwise in writing:

  • Fortis’ offer is conditioned on Buyer’s agreement to these Terms without additional or different terms

  • Buyer’s submission of a purchase order or other acceptance confirms agreement to these Terms

  • Any additional or different terms from Buyer are rejected and are not binding

  • The Quotation, Order Acknowledgment, or Order Confirmation, together with these Terms and Conditions and attachments, form the entire agreement

(b) Cancellation and Changes

No cancellation, termination, modification, or change is effective without Fortis’ prior written consent.

If Buyer requests cancellation, Fortis may charge a cancellation fee. This may include costs for:

  • Special ordered materials

  • Plates

  • Dies

  • Specialty items

Changes to Products require a written Change Order signed by both parties.

Fortis has no liability for changes unless confirmed in a signed Change Order.


3. Delivery

Unless otherwise specified:

  • Pricing is for a single shipment

  • Terms are F.O.B. Fortis’ facility

Upon delivery to the carrier:

  • Risk of loss transfers to Buyer

  • Buyer is responsible for insurance

Quotations assume continuous and uninterrupted delivery.

Shipping charges for materials sent to Fortis by Buyer or Buyer’s supplier are not included unless stated otherwise.


4. Purchase Price

(a) Payment Terms

Buyer must pay all fees and amounts stated in the Agreement, including:

  • Tooling

  • Dies

  • Plates

  • Equipment costs

Unless payment is due in advance, invoices are due upon receipt.

(b) Late Payments

If payment remains unpaid 30 days after receipt:

Fortis may:

  • Charge interest at the lesser of 1.5% per month or the maximum allowed by law

  • Suspend manufacturing or delivery

  • Alter or suspend credit

Buyer must reimburse Fortis for all collection costs, including reasonable attorney fees.

(c) Invoice Disputes

If Buyer disputes an invoice:

  • Written notice must be provided within 10 business days

  • The notice must detail the basis for the dispute

Undisputed amounts must still be paid within 30 days.

(d) Taxes and Tariffs

The Purchase Price excludes all taxes and tariffs, including:

  • Federal, state, and local taxes

  • Sales and use taxes

  • Government imposed tariffs

Buyer is responsible for all such charges, except taxes based on Fortis’ net income.


5. Warranty; Inspection of Products

Fortis warrants that Products:

  • Conform to accepted specifications

  • Are free from defects in materials and workmanship

  • Are suitable for normal use upon delivery

This warranty does not apply to Products altered by anyone other than Fortis.

If Buyer claims:

  • Insufficient quantity

  • Nonconformance

  • Defects

Buyer must provide written notice within the earlier of:

  • 60 days after delivery

  • 30 days after use begins

If notice is not given within this period:

  • Products are deemed accepted

  • Warranty claims are waived

If notice is timely:

  • Fortis has 30 days to deliver missing quantities or replace defective Products

This is Buyer’s sole remedy.


6. Disclaimer; Limitation of Liability

(a) Disclaimer

The warranty in Section 5 is the only warranty provided.

Fortis disclaims all other warranties, including:

  • Merchantability

  • Fitness for a particular purpose

  • Title

  • Noninfringement

The remedies stated are the exclusive remedies for breach of warranty.

(b) Limitation of Liability

Fortis is not liable for:

  • Lost profits

  • Lost revenue

  • Loss of use

  • Delay

  • Incidental or consequential damages

  • Indirect or punitive damages

Maximum liability shall not exceed the total Purchase Price paid for the Product at issue.

This applies regardless of legal theory.


7. Indemnity

Buyer shall indemnify and defend Fortis and its affiliates against third party claims arising from:

  • Production of Products based on Buyer’s specifications

  • Buyer’s use of the Products

This includes claims involving:

  • Personal injury

  • Property damage

  • Environmental damage

  • Legal violations

  • Intellectual property infringement

If Buyer fails to indemnify, Buyer must cover enforcement costs, including attorney fees.


8. Confidentiality

(a) Confidential Information

For the term of the Agreement and two years after:

Each party must:

  • Keep non public information confidential

  • Use it only for purposes of the Agreement

  • Protect it using reasonable safeguards

  • Notify the other party of unauthorized disclosure

Upon request, confidential materials must be returned or destroyed, subject to limited retention rights.

(b) Exceptions

Confidential Information does not include information that:

  • Was already known without obligation

  • Becomes public without fault

  • Is disclosed lawfully by a third party

  • Is independently developed

(c) Permitted Disclosures

Disclosure is permitted:

  • To representatives who need to know and are bound by confidentiality

  • When legally required, with prior notice where possible

Each party is responsible for breaches by its representatives.

(d) Equitable Relief

Each party may seek injunctive relief for breaches without proving monetary harm.


9. Miscellaneous

(a) Independent Contractors

The parties are independent contractors.

Neither party may bind the other.

(b) Promotional Use

Fortis may:

  • Issue press releases

  • Use Buyer’s name in marketing

  • Display Products as examples

(c) Governing Law; Disputes

The Agreement is governed by Virginia law.

Venue is limited to courts in Norfolk or Virginia Beach, Virginia, subject to specified exceptions.

Each party waives the right to a jury trial.

(d) Force Majeure

Fortis is not liable for delays caused by events beyond reasonable control, including:

  • Natural disasters

  • War

  • Terrorism

  • Pandemics

  • Government action

  • Labor shortages

  • Transportation failures

Payment obligations are not excused.

(e) Severability; Waiver

If any provision is invalid, the remaining provisions remain enforceable.

Failure to enforce a provision does not waive future enforcement.

(f) Survival

Sections concerning:

  • Purchase Price

  • Limitation of Liability

  • Indemnity

  • Confidentiality

  • Miscellaneous

Survive termination.

(g) Amendment; Assignment

Amendments must be in writing and signed by both parties.

Buyer may not assign the Agreement without Fortis’ written consent.

(h) Third Party Beneficiaries

Except for Fortis Indemnified Parties, no third party rights are created.

(i) Termination

Fortis may terminate if:

  • Buyer breaches and fails to cure within 10 days

  • Buyer enters bankruptcy or insolvency proceedings

These rights are in addition to other remedies.

(j) Notices

Notices must be in writing and are deemed delivered:

  • Upon receipt if personally delivered

  • Upon email delivery

  • Three business days after registered mail

  • One business day after overnight courier

Fortis Solutions Group, LLC
2505 Hawkeye Court
Virginia Beach, Virginia 23452
Attn: Julien Chemali, CFO
Email: jchemali@fortissolutionsgroup.com


End of Terms and Conditions

Contact Info

Toll Free: 844-374-5257

info@fortissolutionsgroup.com