Terms of Engagement
1. These Terms
These Terms of Engagement ("Terms") govern all commercial engagements between Fortune Imports and Exports (India), trading as "Fortune Sourcings" (the "Company"), and any person or entity engaging the Company for sourcing, procurement, logistics coordination or related services (the "Client"). By submitting an enquiry, paying an engagement retainer, or otherwise instructing the Company to commence Services, the Client is deemed to have accepted these Terms in full.
2. Engagement structure
Every engagement is governed by (in order of precedence) a signed Master Service Agreement (MSA), a written quotation or Service Agreement for the specific project, these Terms, and the Company's published policies (Service & Payment, Shipping & Logistics, Return, Refund & Cancellation, Privacy). In the event of any inconsistency, the higher-precedence document prevails. Container-load and project-based engagements are strongly preferred; the Company reserves the right to decline engagements below its minimum service fee (see Service & Payment Policy).
3. Website content — indicative only
All website content — including catalogue imagery, corridor and fee estimates, calculator outputs, indicative timelines, and editorial copy — is illustrative and provided for information only. Binding pricing, scope and delivery estimates are provided in a written quotation from the Company. No representation or estimate published on the website constitutes an offer capable of acceptance.
4. Intellectual property
All content on fortunesourcings.com, including imagery, editorial copy, data compilations, corridor analyses, and the Fortune OS interface, is the property of Fortune Imports & Exports (India) and its licensors. Nothing on the website transfers any right of use, reproduction or distribution to the Client, save for reasonable personal or internal-business viewing. Use of the Company's trade marks or logos is not permitted without prior written consent.
5. Client obligations
The Client shall: (a) provide accurate BOQs, drawings and technical specifications in a timely manner; (b) approve inspection reports within the timelines set out in the Service & Payment Policy; (c) provide accurate consignee, banking and customs information; (d) make all payments strictly in accordance with the milestone schedule, without deduction, set-off or withholding; and (e) not misuse the website or Fortune OS portals, including by attempting to bypass authentication, scrape data or impersonate another user.
6. Anti-fraud verification (mandatory)
Before making any payment to the Company, and on every occasion that bank account details are shared or changed, the Client must independently verify such details by live telephone or video call to a previously known Fortune Sourcings contact number. The Company will not accept liability for any payment made to a fraudulent, spoofed or unverified account, and any such payment will not discharge the Client's payment obligation. See Section 6 of the Service & Payment Policy.
7. Confidentiality
Each party shall keep confidential all non-public commercial, technical and pricing information disclosed by the other in connection with an engagement, and use it solely for performance of the engagement. This obligation survives termination for a period of five (5) years, save for information that becomes public through no fault of the receiving party or is required to be disclosed by law or regulatory authority.
8. Limitation of liability
Save in respect of fraud, gross negligence or wilful misconduct, the Company's aggregate liability under or in connection with any engagement shall not exceed the Service Fee actually paid by the Client for that specific engagement. The Company shall not be liable for any indirect, incidental, consequential, special or punitive loss, including loss of profit, revenue, goodwill, business opportunity or anticipated savings, howsoever arising. Any claim against the Company must be notified in writing within thirty (30) days of the event giving rise to it, failing which the claim shall be irrevocably time-barred.
9. Force majeure
The Company shall not be liable for any delay, loss or additional cost arising from events beyond its reasonable control, including natural disasters, government restrictions, sanctions, strikes, port congestion, carrier unavailability, customs delays, political unrest, war, or pandemic. Revised timelines will be communicated on a best-efforts basis.
10. Termination & suspension
The Company may suspend or terminate any Service, without further notice and without liability, on any of the following: (a) non-payment by the due date; (b) breach of these Terms; (c) any actual or suspected fraud, spoofing or misrepresentation; (d) any regulatory or sanctions-related concern. The Client's payment obligations for Services rendered up to the date of termination, together with any accrued interest, shall survive termination.
11. Dispute resolution
The parties shall first attempt in good faith to resolve any dispute by amicable discussion. Any unresolved dispute shall be finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by the Company, with the seat and venue of arbitration at Siliguri, West Bengal, India. The proceedings shall be in English. The courts at Siliguri, West Bengal shall have exclusive jurisdiction for interim relief and enforcement of any arbitral award. For Nepal, Bhutan or China transactions, local trade agreements and applicable laws shall additionally apply.
12. Governing law
These Terms and every engagement between the Company and the Client are governed by the laws of India.
13. Contact
Fortune Imports and Exports (India) · hello@fortunesourcings.com · +91 96929 69221 · Monday–Saturday, 10:00 AM – 6:00 PM IST.