TERMS AND CONDITIONS

Effective Date: 0814/2026 

I. Applicability. 

These Terms and Conditions shall govern the transactions and agreements between the Parties, including but not limited to any such transaction or agreements made by written contract, purchase order, invoice or by website. In these Terms and Conditions, “Fork-Co” shall mean Blue Flat Sea, LLC d/b/a Fork-Co (“Fork-Co”)Fork-Co; “Customer” refers to the person, firm, or company purchasing products from Fork-Co. By placing an order through the Fork-Co website, requesting a quote, submitting payment, or otherwise purchasing products or services from Fork-Co, Customer expressly agrees to be bound by these Terms and Conditions, which are incorporated into and govern all contracts, agreements, sales, rentals, quotations, invoices, and purchase

transactions.

II. Use of Website. 

By using the Fork-Co website, you warrant that: (i) You are at least 18 years of age or accessing the website under the supervision of a parent or legal guardian; (ii) You will use this website only for lawful purposes and in

accordance with these Terms; and (iii) You will not use this website in any way that may impair its performance, corrupt its

content, or otherwise reduce its overall functionality. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Cookies are used in certain areas of our site to enable functionality and improve the user experience. By using Fork-Co’s website, you consent to the use of cookies in accordance with Fork-Co’s Privacy Policy.

Some of our affiliate and advertising partners may also use cookies.

III. Intellectual Property Rights (License). 

Unless otherwise stated, Fork-Co and/or its licensors own the intellectual property rights for all material on Fork-Co.com, including but not limited to text, graphics, logos, images, product descriptions, and website design. All intellectual property rights are reserved. You may view and/or print pages from the website for your own personal use, subject to restrictions set in these terms and conditions. You must not: (i) Republish material from Fork-Co.com; (ii) Sell, rent, or sub-license material from Fork-Co.com; (iii) Reproduce, duplicate, or copy material from Fork-Co.com; or Redistribute content from Fork-Co unless content is specifically made for redistribution

IV. Products and Services. 

Fork-Co specializes in the design, manufacturing, and sale of forklift attachments, forks, and related material handling equipment. All product descriptions, specifications, and pricing are subject to change. Fork-Co does not warrant that product descriptions or other content on this site are complete, current, or error-free. Custom products may vary based on specifications, engineering requirements, and intended use.

V. Orders and Pricing. 

All orders placed through the website or directly with Fork-Co are subject to acceptance and

availability. All prices are listed in U.S. Dollars unless otherwise stated. Fork-Co reserves the right to refuse or cancel any order

at its sole discretion.

VI. Payment Terms. 

Payment terms shall vary depending on the nature of the order (standard vs. custom products). Custom orders may require deposits and are subject to additional terms provided at the time of sale. Failure to complete payment may result in delays, cancellation, or withholding of product delivery.

VII. Shipping, Delivery, and Risk of Loss.

 Delivery timelines provided by Fork-Co are estimates only and are not guaranteed. Fork-Co is not responsible for delays caused by carriers, supply chain disruptions, or events beyond our control. Risk of loss and title for products pass to the Customer upon delivery or shipment. The Customer is responsible for inspecting products upon receipt and notifying Fork-Co of any issues, defects or deficiencies within ten (10) business days.

VIII. Returns and Refunds. 

Due to the nature of Fork-Co’s products, especially custom-engineered items:

a. Custom products are generally non-returnable and non-

refundable unless defective.

b. Standard products may be eligible for return subject to

approval and restocking fees.

c. All return requests must be submitted and approved prior

to returning any product.

IX. Limitation of Liability. 

Fork-Co’s maximum liability for any claim, damage, loss, or expense arising out of or relating to any products or transaction shall not exceed the amount paid by Customer for the product giving rise to that claim. Additionally, in no event shall Fork-Co be liable for any incidental, consequential, indirect, special, punitive, or exemplary damages, including but not limited to loss of profits, business interruption, loss of use, or loss of revenue.

X. Limited Warranty. 

Fork-Co warrants that its products and services shall be in compliance with industry standards and regulations as required by local and state laws. Customer shall have ten (10) business days from receipt of products to notify Fork-Co of any defects in the products. In the event Customer fails to timely notify Fork-Co of such defects, Customer will be deemed to have waived such defects. In the event Customer does notify Fork-Co of defects and Fork-Co determines such defects fail to comply with the terms of the transaction, Fork-Co shall remedy the defects. Fork-Co is not bound by any express warranties, whether by words or conduct, except those stated herein. Except as expressly provided in a written warranty issued by Fork-Co, all products are provided “as is” and Fork-Co disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, non-infringement, and warranties arising from course of dealing or

usage of trade.

XI. Product Use and Safety Disclaimer. 

Fork-Co’s products are intended for use by trained professionals in accordance with all applicable safety standards and operating guidelines. As such, the Customer is responsible for ensuring proper installation, operation, and maintenance of all equipment. Fork-Co is not liable for damages resulting from misuse, improper installation, overloading, or failure to follow safety procedures. Additionally, load capacities and ratings must be strictly adhered to as specified on product data plates and documentation.

XII. INDEMNIFICATION. 

CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS FORK-CO, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES,

LOSSES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATED TO: (I) CUSTOMER’S BREACH OF THESE TERMS AND CONDITIONS; OR (II) INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY RESULTING FROM MISUSE OF THE PRODUCTS, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF FORK-CO. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THESE TERMS AND CONDITIONS.

XIII. Waiver. 

Any waiver by Fork-Co of any breach or default by Customer, or any failure by Fork-Co to enforce any rights arising hereunder shall not be construed as a waiver of any other or subsequent breach or default by Customer or of Fork-Co’s right to enforce its rights arising hereunder in any circumstances. In the event of default by Customer, Fork-Co may decline to transact further with 

Customer. If Customer elects to further transactions, Fork-Co’s action shall not constitute a waiver of any such default or affect Fork-Co’s legal remedies for such default.

XIV. Governing Law. 

These Terms and Conditions shall be construed under and be given legal effect in conformity with

the laws of the State of Texas. The exclusive venue and jurisdiction for the enforcement of any right, benefit, or cause of action under these Terms and Conditions shall be the state and federal courts located in Brazoria County, Texas.

XV. Changes to Terms. 

Fork-Co reserves the right to revise these Terms and Conditions at any time. By continuing to purchase or rent products after changes are made, Customer agrees to be bound by the updated terms.

CUSTOMER ACKNOWLEDGES IT HAS READ THE FOREGOING TERMS AND CONDITIONS AND SUCH TERMS

AND CONDITIONS GOVERN THE TRANSACTION BETWEEN THE PARTIES.

Fork-Co

19113 Amoco Dr

Alvin, TX 77511

United States

Email: info@fork-co.com

Website: https://www.fork-co.com