Purpose and Scope

The Portal is made available to authorized Dealers for the purpose of reviewing account and transaction information, including but not limited to purchase order status, invoice history, shipment and delivery status, credit terms and balances, and payment records. The Portal is an informational and account-management tool. It does not itself create, modify, or replace any contractual terms governing a sale, which remain subject to the applicable purchase order, invoice, and the FOH® Worldwide Terms and Conditions of Sale.

Account Access and Security

Access to the Portal is granted only to authorized Dealer personnel through individually assigned login credentials.

• Dealers are responsible for maintaining the confidentiality of their login credentials and for all activity occurring under their account.
• Credentials may not be shared, sold, transferred, or used by anyone other than the authorized user to whom they were issued.
• Dealers must notify FOH® Customer Service promptly of any suspected unauthorized access or use of their account.
• FOH® reserves the right to suspend or terminate Portal access for any account showing suspicious activity, misuse, or a violation of these Terms.

Accuracy of Portal Data

Information displayed in the Portal, including order status, pricing, invoice balances, and shipment tracking, is provided for reference and convenience. While FOH® Worldwide takes reasonable steps to keep this information current, the Portal data is not a substitute for official FOH® Worldwide documentation. In the event of any discrepancy between information shown in the Portal and the corresponding purchase order, invoice, or shipping document, the official FOH® Worldwide record shall govern.

Permitted Use

The Portal may be used solely for the Dealer’s own account management and business purposes. Dealers agree not to:

• Attempt to access another Dealer’s account or data.
• Use automated tools to scrape, extract, or bulk-download Portal data without FOH®’s prior written consent.
• Interfere with or disrupt the operation, security, or integrity of the Portal.
• Use the Portal for any unlawful purpose or in violation of these Terms.

Confidentiality of Transaction Data

Transaction, pricing, and account information made available through the Portal is confidential to the Dealer’s account and to FOH® Worldwide. Dealers agree not to disclose Portal data to third parties except as required for their own internal business operations, or as otherwise agreed in writing with FOH® Worldwide.

Availability and Maintenance

FOH® Worldwide will make reasonable efforts to keep the Portal available, but does not guarantee uninterrupted or error-free access. The Portal may be temporarily unavailable due to maintenance, updates, or circumstances beyond FOH® Worldwide’s control. FOH® Worldwide is not liable for any loss or inconvenience resulting from Portal downtime or technical issues.

Intellectual Property

FOH® Worldwide holds intellectual property rights, including trademarks, copyrights, design patents, and utility patents, in its products and in the Portal itself. FOH® will enforce these rights using any and all legal means. Access to the Portal does not grant Dealers any ownership interest in the Portal software, design, or content.

Purchase Orders

• All purchase orders must be submitted by writing via email or fax.
• Purchase orders must be placed in case pack quantities.
• Purchase orders with errors or incomplete information will not be processed and will be returned to the Dealer for revision.
• The Dealer is solely responsible for the accuracy of submitted orders. FOH® may reject changes or pricing adjustments to orders that have already shipped and invoiced.
• Orders not meeting dealer terms may be subject to a surcharge.
• All special and custom orders require 100% prepayment before production.
• Prices are subject to change without notice.

Shipping and Delivery

• All orders are shipped Ex Works (EXW) from an authorized FOH® Distribution Center.
• Freight quotes are valid for 10 days and may include fuel surcharges.
• Orders shipped via pallet will incur a charge per pallet, based on destination. Pallet fees are subject to change without notice.
• Customers are responsible for original freight costs as well as any additional shipping fees involved with their order.
• Additional shipping invoices may be issued for services such as Inside Delivery, Arrival Notification, or Lift Gate.
• Incorrect delivery addresses on purchase orders will result in separate invoice charges payable upon receipt.

Inspection and Claims

Upon receipt of shipment, and before signing the BOL, please ensure that FOH® security tape and shrink wrap are intact. Any damage or shortage must be noted on the delivery ticket at the time of delivery and reported to both the carrier and FOH® Customer Service within 48 hours.

Inspect all shipments upon arrival for any discrepancies. Claims must be reported to Customer Service within ten (10) days of receipt. Any damage or loss must be claimed by the consignee directly with the carrier.

Taxes and VAT

• VAT included on quotations, proforma invoices, and sales orders are estimates only. Final VAT will be calculated on the final invoice.
• For intra-community VAT-exempt sales, customers are required to provide FOH® with both their VAT number and a copy of their VAT Exemption Certificate.
• Customers are solely responsible for payment of applicable sales taxes, import VAT, brokerage fees, duties, and any related charges.

Credit Terms

• To request credit terms, customers must submit a signed FOH® credit application. Terms are extended at FOH®’s discretion.
• Failure to adhere to terms may result in revocation of credit terms and the account moving to prepaid status.
• Credit terms will be revoked on delinquent accounts. FOH® will not ship to accounts with a past due balance; these accounts will be placed on credit hold until payment is received.
• Any reserved products will be returned to open inventory.

Invoices, Deductions and Discounts

Invoice deductions must be authorized by FOH® Accounting within 10 days of the invoice date. Non-qualifying deductions will result in a $75 administrative fee payable upon receipt.

Customers approved for FOH®’s early payment discount program must comply with the terms of the agreement. Discounts apply only to payments made and received within 10 days of the invoice date. This incentive may be revoked at FOH®’s discretion at any time.

Collections and Fees

Customer agrees to pay all collection costs and attorney fees, as well as interest at the rate of 1.5% per month on any unpaid balance. A $35 fee will be charged for any returned checks.

Payments

Payments via check or credit card must be in USD. Wire transfers may be made in USD, EUR, or GBP. Customers shall pay for all outgoing wire fees and currency conversion costs.

FOH® Worldwide reserves the right, at its discretion, to apply a surcharge to payments made by credit card. Any applicable surcharge will be disclosed at the time of payment. FOH® Worldwide may modify, reduce, or discontinue this surcharge at any time without prior notice.

Returns and Cancellations

• No returns will be accepted without an FOH® return authorization (RA) number.
• Items must be received in saleable condition and in their original packaging at the address specified on the RA.
• Customers returning merchandise will be charged a 20% restocking fee and all return freight charges.
• All cancellations must be received in writing, have prior authorization, and a confirmation number issued by FOH®.

Limitation of Liability

To the fullest extent permitted by law, FOH® Worldwide is not liable for any indirect, incidental, or consequential damages arising from a Dealer’s use of, or inability to use, the Portal, including reliance on information displayed in the Portal. This limitation does not affect any liability arising from the underlying sale of goods, which remains governed by the FOH® Worldwide Terms and Conditions of Sale.

Changes to These Terms

FOH® Worldwide may update these Terms and Conditions from time to time. Continued use of the Portal following any update constitutes acceptance of the revised Terms.