STANDARD TERMS AND CONDITIONS OF SALE

Effective Date: 23 June 2025

1. INTRODUCTION

These Standard Terms and Conditions of Sale (“Terms”) govern every quotation, sale, supply of goods, repair, maintenance service, installation, inspection, and any other transaction between Goldberg Import and Export CC, trading as GOLDEN CHEF, and its customers.

These Terms apply to all purchases made through our showroom, website, email, telephone, social media platforms, online marketplaces, or through any authorised representative of GOLDEN CHEF.

By requesting a quotation, placing an Order, making payment, accepting delivery, collecting Goods, or using any services provided by GOLDEN CHEF, the Customer acknowledges that they have read, understood, and accepted these Terms.

If the Customer does not agree to these Terms, the Customer should not place an Order or purchase Goods from GOLDEN CHEF.

2. COMPANY INFORMATION

These Terms are issued by:

Goldberg Import and Export CC

Trading As: GOLDEN CHEF

Registration Number: 2006/060145/23

VAT Number: 4450228962

Physical Address: 15 Westlake Drive, Westlake, Cape Town, 7945, South Africa

Telephone: +27 (21) 510 0386

Email: sales@goldenchef.co.za

Website: www.goldenchef.co.za

Throughout these Terms, the words “GOLDEN CHEF”, “we”, “our” and “us” refer to Goldberg Import and Export CC.

3. DEFINITIONS

Unless the context clearly indicates otherwise, the following words shall have the meanings assigned to them below.

3.1 Agreement

Means these Standard Terms and Conditions together with every quotation, Sales Order, Invoice, Warranty, Call-Out Document and any other written agreement issued by GOLDEN CHEF.

3.2 Business Day

Means any day other than a Saturday, Sunday or official public holiday within the Republic of South Africa.

3.3 Call-Out

Means a technician visit requested by the Customer for installation, servicing, repairs, maintenance, inspection or technical assistance.

3.4 Call-Out Document

Means the official service request issued by GOLDEN CHEF confirming a scheduled on-site visit.

3.5 Collection

Means the Customer taking possession of Goods directly from GOLDEN CHEF’s premises.

3.6 Consumable Parts

Means components expected to wear through normal use including, but not limited to:

blades
belts
globes
brushes
rubber seals
springs
beaters
filters
fuses
lubricants
gaskets

unless specifically stated otherwise.

3.7 Customer

Means any natural person, partnership, company, trust, close corporation, government institution or other legal entity purchasing Goods or Services from GOLDEN CHEF.

3.8 Delivery

Means transportation of Goods by GOLDEN CHEF or a third-party courier to the delivery address provided by the Customer.

3.9 Delivery Address

Means the address supplied by the Customer for delivery of Goods.

3.10 Dangerous Area

Means any location which GOLDEN CHEF reasonably believes presents an unacceptable safety risk to employees, contractors, couriers, vehicles or property because of crime, unrest, access restrictions or any other safety concern.

3.11 Defect

Means a manufacturing fault that existed at the time the Goods were supplied and which prevents the Goods from operating substantially as intended.

A Defect does not include damage resulting from:

misuse
negligence
accidental damage
incorrect installation
poor maintenance
abuse
normal wear and tear
electrical faults
incorrect gas supply
environmental conditions

3.12 EFT

Means Electronic Funds Transfer.

3.13 Force Majeure

Means any event beyond the reasonable control of GOLDEN CHEF including, but not limited to:

floods
fire
storms
pandemics
civil unrest
war
terrorism
labour strikes
transport disruption
government restrictions
supplier shortages
utility failures
cyber-attacks
import or export restrictions

which prevents or delays performance of obligations.

3.14 Goods

Means every product, machine, appliance, spare part, accessory or item supplied by GOLDEN CHEF.

3.15 Invoice

Means the official tax invoice issued by GOLDEN CHEF.

3.16 Order

Means any request placed by the Customer for Goods or Services whether verbally, electronically, online or in writing.

3.17 Original Packaging

Means the packaging supplied with the Goods together with:

manuals
accessories
warranty information
protective materials
labels
inserts

where applicable.

3.18 POPIA

Means the Protection of Personal Information Act 4 of 2013.

3.19 Quotation

Means a written estimate provided by GOLDEN CHEF for the supply of Goods or Services.

3.20 Repair

Means any work undertaken to diagnose, restore or replace faulty components of Goods.

3.21 Sales Order

Means GOLDEN CHEF’s written confirmation accepting an Order.

3.22 Services

Means repairs, maintenance, installation, inspections, technical support, call-outs and any other services supplied by GOLDEN CHEF.

3.23 Website

Means the official GOLDEN CHEF website located at: www.goldenchef.co.za

3.24 Warranty

Means the limited warranty offered by GOLDEN CHEF in accordance with these Terms.

4. INTERPRETATION

Unless the context indicates otherwise:

words importing the singular include the plural and vice versa;
words referring to one gender include every gender;
references to legislation include any amendment or replacement of that legislation;
references to persons include companies, trusts, partnerships and other legal entities;
headings are inserted for convenience only and do not affect interpretation.

Where there is any inconsistency between these Terms and any quotation, Sales Order or Invoice issued by GOLDEN CHEF, the specific written agreement issued by GOLDEN CHEF shall prevail to the extent of the inconsistency.

5. APPLICATION OF THESE TERMS

These Terms govern every transaction between GOLDEN CHEF and the Customer unless otherwise agreed in writing.

Any conditions submitted by the Customer which conflict with these Terms shall have no force or effect unless expressly accepted in writing by a Director of GOLDEN CHEF.

Failure by GOLDEN CHEF to enforce any provision of these Terms shall not constitute a waiver of any rights.

6. ACCEPTANCE OF ORDERS

An Order submitted by the Customer constitutes an offer to purchase Goods or Services.

No contract shall exist until GOLDEN CHEF has accepted the Order by issuing either:

a Sales Order;
an Invoice;
written confirmation by email; or
another written acceptance issued by GOLDEN CHEF.

GOLDEN CHEF reserves the right to decline any Order for any lawful commercial reason including but not limited to:

stock shortages;
pricing errors;
discontinued products;
suspected fraud;
incomplete Customer information;
payment not received;
credit concerns; or
circumstances beyond our reasonable control.

7. QUOTATIONS

All quotations are provided without obligation and remain subject to stock availability.

Unless otherwise stated, quotations remain valid for 7 calendar days from the date of issue.

A quotation does not reserve stock.

Prices may change after the quotation expires.

GOLDEN CHEF reserves the right to correct genuine pricing, calculation or typographical errors before accepting an Order.

Special-order, imported or customised products may require a deposit before procurement.

Any estimated delivery dates contained in a quotation are estimates only and shall not constitute guaranteed delivery dates.

8. PRODUCTS

GOLDEN CHEF continually improves and updates its products.

Accordingly:

specifications may change without notice;
colours may differ from photographs;
dimensions may vary within manufacturing tolerances;
accessories shown in photographs may not be included;
product images are for illustration purposes only.

Every reasonable effort is made to ensure information published on the Website is accurate. However, GOLDEN CHEF shall not be liable for typographical, pricing or photographic errors.

Products remain subject to availability.

Where a product becomes unavailable after an Order has been placed, GOLDEN CHEF may:

offer an equivalent product;
delay supply until stock becomes available;
provide a refund of monies received for that product; or
cancel that portion of the Order.

The Customer will be informed before any substitution is made.

9. PRICING

9.1 General Pricing

All prices displayed by GOLDEN CHEF are quoted in South African Rand (ZAR) and include Value Added Tax (VAT), unless expressly stated otherwise.

Prices published on the Website, quotations, catalogues, brochures, advertisements, social media platforms, or any other marketing material are subject to change without prior notice.

9.2 Pricing Errors

Although every reasonable effort is made to ensure pricing accuracy, occasional errors may occur.

If a pricing, calculation, typographical, or system error results in an incorrect price being displayed or quoted, GOLDEN CHEF reserves the right to:

correct the error;
cancel the affected Order before dispatch;
refund any payment already received; or
request confirmation from the Customer before proceeding at the correct price.

Neither party shall be bound by an obvious pricing error.

9.3 Promotions and Specials

Special offers, promotions, and discounted pricing:

apply only during the advertised promotional period;
are subject to stock availability;
cannot be combined with other promotions unless expressly stated;
are available while stocks last.

GOLDEN CHEF reserves the right to withdraw or amend promotions without prior notice.

9.4 Additional Charges

Unless expressly included in writing, quoted prices exclude delivery charges, installation costs, call-out fees, travelling expenses, off-loading equipment, rigging or lifting equipment, electrical or gas installation, municipal permits, and additional labour required on site.

These charges will be quoted separately where applicable and are payable in full before dispatch, collection or commencement of work. GOLDEN CHEF reserves the right to revise any such charge prior to dispatch or commencement to reflect actual cost, including where site, access, or equipment requirements differ from what was originally disclosed by the Customer. Once paid, such charges are non-refundable except where expressly stated otherwise in these Terms.

9.5 Imported Products

Certain Goods are imported.

Should unexpected increases occur due to exchange rate fluctuations, import duties, shipping costs, government levies or customs charges before an Order is accepted, GOLDEN CHEF reserves the right to revise pricing accordingly.

No increase will apply after an Order has been accepted unless agreed by both parties.

10. PAYMENT TERMS

10.1 Payment Before Delivery

No Goods will be dispatched, released for collection, or handed to any courier until the full purchase price, together with all delivery, handling and any other applicable charges, has been paid and the funds have cleared in GOLDEN CHEF’s bank account, unless a written credit agreement exists.

Proof of payment, a payment reference, or a bank confirmation slip does not constitute payment. GOLDEN CHEF is under no obligation to dispatch Goods on the strength of unverified or uncleared funds, and may refuse to dispatch any Order where payment verification is incomplete, regardless of any estimated delivery date previously communicated.

10.2 Accepted Payment Methods

GOLDEN CHEF accepts payment by:

Electronic Funds Transfer (EFT);
Debit Card;
Credit Card;
Cash (subject to legal limits);
Approved online payment gateways.

Accepted payment methods may change from time to time.

10.3 Bank Charges

The Customer is responsible for all bank charges, transfer fees, or transaction costs relating to payment.

Any short payment caused by banking charges shall remain payable by the Customer.

10.4 Payment Allocation

Where multiple invoices are outstanding, GOLDEN CHEF reserves the right to allocate payments to any outstanding amount at its discretion unless the Customer clearly specifies otherwise before payment is made.

10.5 Fraud Prevention

For the protection of both parties, GOLDEN CHEF may delay dispatch while verifying payments where fraud is suspected.

Additional verification may include:

confirmation from the issuing bank;
identity verification;
proof of address;
company registration documents;
confirmation of authorised purchasers.

Failure to provide requested information may result in cancellation of the Order.

10.6 Interest on Overdue Accounts

Where Goods or Services have been supplied on approved credit terms, overdue amounts may attract interest at the maximum rate permitted by the Prescribed Rate of Interest Act or any applicable legislation.

Interest shall accrue daily until payment is received in full.

10.7 Collection Costs

Should legal action become necessary to recover outstanding amounts, the Customer shall be responsible for all reasonable legal costs, tracing fees, debt collection costs, and disbursements permitted by law.

11. OWNERSHIP OF GOODS

11.1 Retention of Ownership

Ownership of all Goods supplied by GOLDEN CHEF remains vested in GOLDEN CHEF until:

the full purchase price;
delivery charges;
installation charges;
interest;
storage charges; and
any other amounts due

have been paid in full.

11.2 Possession Before Ownership

Where Goods have been delivered before ownership passes, the Customer shall:

exercise reasonable care;
protect the Goods from damage;
insure the Goods where appropriate;
not remove or alter serial numbers;
not dispose of the Goods.

11.3 Resale Before Payment

Unless otherwise agreed in writing, the Customer may not sell, pledge, lease, hire, transfer, or otherwise dispose of unpaid Goods.

11.4 Right to Recover Goods

If payment remains outstanding, GOLDEN CHEF reserves the right, where legally permitted, to recover unpaid Goods without prejudice to any other legal rights available.

12. DELIVERY

12.1 Delivery Areas

Delivery is offered only where GOLDEN CHEF, in its sole discretion, considers it practical, commercially viable and safe to do so. Delivery is not guaranteed to any address, regardless of past delivery history to that address.

GOLDEN CHEF may at any time, without liability, decline to deliver to a particular area, suspend deliveries to a region, or require the Customer to collect Goods instead.

12.2 Delivery Timeframes

All delivery periods, whether quoted verbally, in writing, on the Website, or in any marketing material, are estimates only and are never guaranteed or binding.

Typical delivery periods range from 1 to 5 Business Days; however, actual delivery may take materially longer due to stock availability, courier schedules, destination, weather, public holidays, transport delays, operational constraints, or Force Majeure events.

GOLDEN CHEF shall have no liability whatsoever — whether for direct, indirect, incidental or consequential loss — arising from any delay in delivery, however caused. No discount, refund, compensation, or cancellation right arises solely because a delivery estimate was not met.

Time shall not be of the essence in respect of any delivery obligation under these Terms.

12.3 Delivery Address

The Customer bears sole responsibility for providing a complete, correct and accessible delivery address, including any access codes, restrictions, or special instructions required to complete delivery.

GOLDEN CHEF shall bear no responsibility, and shall not be liable in any way, for delays, additional charges, failed deliveries, or any other consequence arising from incomplete, incorrect, or outdated information supplied by the Customer. All resulting costs, including re-delivery and storage charges, shall be borne entirely by the Customer.

12.4 Failed Deliveries

A delivery attempt shall be deemed failed, and a full re-delivery fee shall become immediately payable by the Customer, where, on the first attempt:

no authorised person is present to accept the Goods;
access to the premises is denied or restricted;
the address provided is incorrect or incomplete;
unloading cannot safely or practicably occur;
any amount owing to GOLDEN CHEF remains unpaid; or
the Customer otherwise fails to cooperate with the delivery process.

No grace period, second free attempt, or courtesy redelivery applies. The re-delivery fee is payable in full before any further delivery attempt is scheduled, and GOLDEN CHEF may, at its discretion, require the Customer to collect the Goods instead.

Goods that cannot be delivered and are returned to GOLDEN CHEF’s premises may immediately attract storage charges in accordance with clause 13.4.

12.5 Delivery Inspection and Acceptance

The Customer must inspect the Goods immediately upon delivery, in the presence of the delivery driver or GOLDEN CHEF representative wherever reasonably possible.

Any shortage, visible damage, or incorrect Goods must be noted in writing on the delivery documentation at the time of delivery, and reported to GOLDEN CHEF in writing, together with clear photographic evidence, within 24 hours of delivery.

Goods not reported in accordance with this clause within the stated 24-hour period shall be conclusively deemed to have been delivered complete, in good order, and free of any visible defect, and GOLDEN CHEF shall have no obligation to investigate, repair, replace or compensate in respect of any claim raised thereafter, save where such limitation is not permitted by law.

Signature of any delivery document without a noted exception shall constitute unconditional acceptance of the Goods.

12.6 Delivery by Third-Party Couriers

Where delivery is performed by an independent third-party courier, that courier acts as an independent contractor and not as the agent of GOLDEN CHEF.

Once Goods are handed to a third-party courier, GOLDEN CHEF’s responsibility is limited to having engaged a reputable courier; GOLDEN CHEF shall not be liable for that courier’s acts, omissions, delays, mishandling, or failure to deliver. Any such claim must be pursued by the Customer directly against the courier, and GOLDEN CHEF will provide reasonable administrative assistance only, without admission of liability.

Courier delivery windows, tracking estimates and timeframes are entirely outside GOLDEN CHEF’s control and are not warranted in any way.

13. COLLECTION OF GOODS

13.1 Collection Requirements

Goods may only be released for collection once payment has been received in full and funds have cleared, and the Goods have been confirmed ready for collection by GOLDEN CHEF. No exceptions will be made.

13.2 Proof of Collection

Persons collecting Goods must present valid identification, proof of purchase, the Invoice, and, where collecting on behalf of another person, signed written authorisation. GOLDEN CHEF may refuse to release Goods where any of these requirements are not met, without liability for any resulting delay.

13.3 Third-Party Collections

Where Goods are collected by a courier or any representative appointed by the Customer, such collection shall constitute delivery to, and unconditional acceptance by, the Customer. The Customer assumes full responsibility for any loss, theft or damage occurring from the moment the Goods leave GOLDEN CHEF’s premises.

13.4 Uncollected Goods and Storage Charges

The Customer must collect Goods within 7 calendar days of being notified that the Goods are ready for collection.

Goods not collected within this period shall attract a storage fee, accruing daily, at GOLDEN CHEF’s then-current rate, payable before release of the Goods.

Where Goods remain uncollected for more than 21 calendar days, GOLDEN CHEF reserves the right, after reasonable attempts to contact the Customer and to the extent permitted by law, to dispose of, sell, or otherwise deal with the Goods to recover any outstanding amounts, without further notice and without any liability to the Customer for any shortfall, loss of value, or the disposal itself.

14. TRANSFER OF RISK

14.1 General Principle

Risk of loss, theft, or damage to the Goods passes to the Customer from the moment the Goods leave GOLDEN CHEF’s premises, whether the Goods are being transported by GOLDEN CHEF, by a third-party courier, or by a representative of the Customer, and irrespective of who retains ownership of the Goods at that time.

14.2 Collection

Where Goods are collected, risk transfers immediately upon the Goods leaving GOLDEN CHEF’s premises, regardless of who performs the collection.

14.3 Customer Responsibility After Risk Transfer

Once risk has passed, the Customer bears full responsibility for accidental damage, theft, loss, misuse, improper storage, and any transportation arranged by or on behalf of the Customer. GOLDEN CHEF shall have no liability whatsoever for any event occurring after risk has transferred, regardless of cause.

15. HIGH-RISK DELIVERY AREAS

15.1 Absolute Right to Decline or Suspend Delivery

GOLDEN CHEF reserves the unconditional right, at any time and without prior notice, to refuse, suspend, or terminate delivery to any address it considers, in its sole discretion, to present a safety, security, or operational risk. This right may be exercised even after a delivery has commenced.

15.2 Determination of Risk

An area may be classified as high-risk based on factors including crime statistics, hijacking incidents, violent crime, civil unrest, restricted access, unsafe roads, or prior delivery incidents, as determined solely by GOLDEN CHEF. This classification may change at any time without notice, and GOLDEN CHEF is not required to justify or disclose the basis for any such classification.

15.3 Alternative Arrangements

Where delivery cannot, in GOLDEN CHEF’s sole judgment, safely proceed, GOLDEN CHEF may, at its discretion, offer collection from its premises, collection from a courier depot, delivery via a specialist transport provider, or no alternative at all.

15.4 Costs and Limited Refund

Any additional cost arising from an alternative delivery arrangement shall be borne by the Customer. If, and only if, GOLDEN CHEF is unable to arrange any delivery or collection solution whatsoever, the Customer’s sole remedy shall be cancellation of the affected portion of the Order and a refund of delivery charges actually paid for that portion. No other compensation of any kind shall be payable.

16. SHORTAGES, DAMAGE AND DELIVERY CLAIMS

All claims relating to shortages, damage, or incorrectly supplied Goods are subject strictly to the reporting requirements in clause 12.5 (24-hour written notice with photographic evidence). Claims submitted outside this window will not be considered, save where required by law.

Where a valid, timeously reported claim relates to damage occurring during transportation arranged by GOLDEN CHEF, GOLDEN CHEF may, at its sole discretion, repair the Goods, replace the Goods, replace the damaged component only, or issue a credit limited to the value of the affected Goods. GOLDEN CHEF shall not be obliged to provide any other remedy.

The Customer must retain all original packaging and make the Goods available for inspection on request, failing which any claim may be rejected in full.

GOLDEN CHEF shall under no circumstances be liable for delays or losses caused by third parties, indirect losses, loss of production, loss of profit, loss of business opportunities, or any consequential damages of any nature arising from delayed, short, or damaged delivery.

17. RETURNS, EXCHANGES AND REFUNDS

17.1 General Return Policy

GOLDEN CHEF aims to supply quality products that meet the specifications described at the time of purchase. If a Customer wishes to return Goods, the return must comply with these Terms, the applicable provisions of the Consumer Protection Act 68 of 2008 (“CPA”), and any other applicable legislation.

Except where required by law, Goods may only be returned with the prior written approval of GOLDEN CHEF.

17.2 Return Eligibility

Unless otherwise required by the CPA, Goods may only be considered for return where all of the following conditions are met:

the return request is made within 7 calendar days of delivery or collection;
the Goods have not been used, installed or altered;
the Goods remain clean and undamaged;
all original accessories are included;
manuals, warranty documentation and packaging are returned;
serial numbers remain intact;
the original Invoice or proof of purchase is provided.

Failure to meet these requirements may result in the return being declined.

17.3 Goods Not Eligible for Return

Unless otherwise required by law, GOLDEN CHEF may refuse returns for:

specially imported products;
customised or made-to-order Goods;
Goods manufactured to Customer specifications;
clearance or discontinued stock marked as non-returnable;
Goods damaged after delivery;
Goods showing signs of misuse or negligence;
Goods installed contrary to the manufacturer’s instructions;
Goods not returned in their Original Packaging where packaging is reasonably required.

17.4 Inspection Before Refund or Exchange

All returned Goods are subject to inspection by GOLDEN CHEF.

Inspection may include:

testing;
dismantling where necessary;
verification of serial numbers;
inspection for misuse or accidental damage.

Approval of a return is not automatic merely because Goods have been returned.

17.5 Handling Charges

Where a return is accepted for reasons other than a manufacturing defect or legal obligation, GOLDEN CHEF reserves the right to charge a reasonable handling or restocking fee of up to 15% of the original Invoice value.

The fee may be deducted from any refund.

17.6 Refund Method

Approved refunds shall only be processed by Electronic Funds Transfer (EFT) into a South African bank account.

Refunds will normally be processed within 7 Business Days after approval of the return.

Cash refunds will not be made unless required by law.

17.7 Incorrectly Supplied Goods

If GOLDEN CHEF supplies Goods different from those ordered, the Customer must notify GOLDEN CHEF as soon as reasonably possible.

Subject to verification, GOLDEN CHEF will arrange:

collection of the incorrect Goods;
replacement with the correct Goods; or
another appropriate remedy.

17.8 Defective Goods

Where Goods contain a manufacturing defect covered by the CPA or an applicable warranty, GOLDEN CHEF will deal with the matter in accordance with:

the Consumer Protection Act;
the applicable manufacturer’s warranty;
these Terms.

Nothing in these Terms limits any rights the Customer may have under South African consumer legislation.

18. WARRANTY

18.1 Standard Warranty

Unless otherwise stated in writing, products supplied by GOLDEN CHEF carry either a 6-month or 12-month carry-in warranty commencing from the date reflected on the original Invoice.

Warranty periods vary according to product type.

18.2 Scope of Warranty

The warranty covers manufacturing defects in materials or workmanship that occur during normal commercial use.

Where a valid warranty claim is approved, GOLDEN CHEF may, at its sole discretion:

repair the Goods;
replace defective components;
replace the Goods with the same or similar product;
provide another reasonable remedy permitted by law.

Repair or replacement shall satisfy GOLDEN CHEF’s warranty obligations.

18.3 Carry-In Warranty

Unless specifically agreed otherwise, all warranties are provided on a carry-in basis.

The Customer is responsible for delivering Goods to GOLDEN CHEF’s premises for inspection and collection after repairs.

Transport costs remain the Customer’s responsibility unless otherwise agreed in writing.

18.4 Warranty Conditions

To maintain warranty validity, the Customer must:

operate equipment correctly;
follow operating instructions;
perform normal cleaning and maintenance;
use the equipment only for its intended purpose;
allow only authorised persons to perform repairs;
retain the original Invoice.

Failure to comply may invalidate the warranty.

18.5 Warranty Exclusions

The warranty does not cover defects or failures arising from:

misuse;
abuse;
accidental damage;
incorrect installation;
poor ventilation;
overloading;
incorrect electrical supply;
incorrect gas pressure;
water damage;
flooding;
lightning;
power surges;
voltage fluctuations;
corrosion;
improper maintenance;
failure to clean equipment;
transport damage after delivery;
neglect;
unauthorised repairs;
use of non-approved spare parts;
modification of the equipment;
removal of serial numbers;
normal wear and tear.

These exclusions apply whether damage occurs gradually or suddenly.

18.6 Consumable Components

The warranty does not cover consumable or wear items including but not limited to:

belts;
blades;
brushes;
beaters;
seals;
globes;
springs;
rubber components;
filters;
fuses;
knobs;

However, where such components fail due to a proven manufacturing defect rather than normal wear, GOLDEN CHEF may repair or replace them under warranty.

18.7 Warranty Void

The warranty automatically becomes void if:

serial numbers are removed or altered;
equipment has been modified;
non-approved spare parts are installed;
repairs are undertaken by unauthorised persons;
electrical or gas installations fail to comply with applicable regulations;
maintenance requirements are ignored.

18.8 Warranty Assessment

Submission of Goods for warranty inspection does not automatically establish that the repair is covered.

GOLDEN CHEF reserves the right to inspect and test the Goods before determining whether the warranty applies.

19. PRODUCT INSTALLATION AND SAFE USE

19.1 Customer Responsibility

The Customer is responsible for ensuring that all equipment is installed correctly and safely.

Installation should comply with:

manufacturer’s instructions;
applicable South African standards;
municipal requirements;
gas regulations;
electrical regulations.

19.2 Gas Equipment

Gas appliances should only be installed by suitably qualified gas installers.

Incorrect installation may result in:

fire;
explosion;
carbon monoxide poisoning;
property damage;
serious injury.

GOLDEN CHEF accepts no responsibility for damage arising from incorrect installation.

19.3 Electrical Equipment

Electrical equipment should only be connected to an appropriate electrical supply matching the equipment specifications.

Damage caused by:

incorrect voltage;
incorrect wiring;
power surges;
generator faults;
poor electrical installations;

is excluded from warranty.

19.4 Refrigeration Equipment

Refrigeration equipment must:

be transported upright whenever possible;
never be laid completely flat;
not be tilted beyond approximately 45 degrees unless specifically permitted by the manufacturer;
stand upright for the recommended period before being switched on if transported incorrectly.

Condensers should be cleaned at least every six months, or more frequently where operating conditions require.

Failure to perform routine maintenance may invalidate warranty claims.

19.5 Operator Training

The Customer is responsible for ensuring that operators receive suitable training in the safe operation of equipment.

Incorrect operation resulting from insufficient training does not constitute a manufacturing defect.

20. REPAIRS AND MAINTENANCE

20.1 Repair Services

GOLDEN CHEF offers repair and maintenance services for equipment supplied by GOLDEN CHEF and, where agreed, selected third-party equipment.

Acceptance of equipment for repair does not guarantee that repairs will be economically viable.

20.2 Assessment

Where equipment is submitted for repair, GOLDEN CHEF may first perform a technical assessment.

For equipment outside warranty, an assessment fee may apply.

Where the Customer accepts the repair quotation, the assessment fee may be credited against the repair cost.

20.3 Quotations for Repairs

Following assessment, GOLDEN CHEF will issue a quotation where appropriate.

No repair work will commence until:

the quotation has been accepted; and
any required deposit has been paid.

20.4 Estimated Completion Times

Repair completion times depend upon:

availability of spare parts;
complexity of repairs;
workshop workload;
supplier lead times.

Estimated completion dates are provided as guidance only.

20.5 Storage of Repaired Equipment

Customers should collect repaired equipment promptly after notification.

Equipment remaining uncollected for more than 21 calendar days may attract storage charges.

Where equipment remains abandoned after reasonable attempts to contact the Customer, GOLDEN CHEF reserves the right, subject to applicable law, to dispose of or sell the equipment to recover outstanding costs.

20.6 Repair Warranty

Repair work performed by GOLDEN CHEF carries a three-month warranty on the specific repair completed.

This warranty applies only to the repaired component and does not extend the original manufacturer’s warranty or cover unrelated faults.

21. CALL-OUT SERVICES

21.1 Booking a Call-Out

Where on-site assistance is required, the Customer must request a service visit through GOLDEN CHEF’s official Call-Out procedure.

A Call-Out booking is only confirmed once GOLDEN CHEF has acknowledged and accepted the request.

Appointment dates and times are subject to technician availability.

21.2 Call-Out Charges

Unless otherwise agreed in writing, the following charges may apply:

call-out fee;
travelling charges;
labour charges;
replacement parts;
consumable materials;
accommodation or transport expenses where applicable.

The Customer will be advised of applicable charges before work commences where reasonably possible.

21.3 Service Area

Routine on-site service is generally available within 150 kilometres of GOLDEN CHEF’s premises.

Service requests beyond this area may be accepted at GOLDEN CHEF’s discretion and may attract additional travelling and accommodation charges.

21.4 Access to Premises

The Customer must ensure that technicians have safe and reasonable access to the equipment.

If technicians are unable to perform the work because:

access is denied;
utilities are unavailable;
the equipment is inaccessible;
unsafe working conditions exist; or
the appointment is missed,

the Customer may still be liable for the applicable call-out fee.

21.5 Working Hours

Standard service hours are: Monday to Friday, 08:00 to 16:30, excluding weekends and South African public holidays.

Emergency or after-hours work may be available by prior arrangement and may be charged at a higher rate.

22. CUSTOMER RESPONSIBILITIES

The Customer agrees to:

provide accurate information when placing Orders;
ensure payment is made in accordance with these Terms;
inspect Goods upon delivery or collection;
use equipment only for its intended purpose;
comply with all operating instructions;
maintain equipment in accordance with manufacturer recommendations;
keep proof of purchase and warranty documentation;
ensure equipment is operated by suitably trained persons;
provide safe access for technicians where on-site work is required.

Failure to comply with these responsibilities may affect warranty claims or service obligations.

23. LIMITATION OF LIABILITY

23.1 General

To the fullest extent permitted by law, GOLDEN CHEF shall not be liable for indirect, incidental, special or consequential loss arising from the purchase, installation, use, repair or failure of any Goods supplied.

23.2 Excluded Losses

Without limiting the generality of the above, GOLDEN CHEF shall not be responsible for:

loss of profits;
loss of production;
loss of business opportunities;
loss of contracts;
business interruption;
loss of goodwill;
loss of data;
loss of stock;
spoilage of food or beverages;
loss of income;
damage caused by incorrect installation;
damage caused by misuse;
delays caused by suppliers or couriers.

23.3 Maximum Liability

Where GOLDEN CHEF is found legally liable, its total aggregate liability, however arising, shall not exceed the lesser of: (a) the purchase price paid for the affected Goods or Services; or (b) the direct cost to GOLDEN CHEF of repairing or replacing the affected Goods.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded under South African law, including applicable provisions of the Consumer Protection Act 68 of 2008.

24. FORCE MAJEURE

GOLDEN CHEF shall not be liable for any delay or failure to perform its obligations where performance is prevented or delayed by events beyond its reasonable control.

Such events include, but are not limited to:

natural disasters;
floods;
fires;
severe weather;
labour strikes;
riots;
civil unrest;
war;
acts of terrorism;
pandemics;
epidemics;
government restrictions;
import or export restrictions;
transport disruptions;
shortages of materials;
supplier failures;
power outages;
internet or communication failures.

Where a Force Majeure event occurs, GOLDEN CHEF’s obligations shall be suspended for the duration of that event and its effects, without any obligation to refund amounts already paid during the period of suspension. GOLDEN CHEF will make reasonable efforts to resume normal operations as soon as practicable, but gives no warranty or guarantee as to timing.

25. PRIVACY AND PROTECTION OF PERSONAL INFORMATION

GOLDEN CHEF respects the privacy of its Customers and processes personal information in accordance with the Protection of Personal Information Act, 2013 (POPIA) and other applicable laws.

Personal information may be collected for purposes including:

processing Orders;
arranging deliveries;
providing warranty support;
communicating with Customers;
issuing invoices;
complying with legal obligations;
improving customer service.

GOLDEN CHEF will take reasonable steps to safeguard personal information against unauthorised access, disclosure, alteration or destruction.

Personal information will not be sold to third parties.

Information may, where necessary, be shared with trusted service providers such as couriers, payment processors or technicians solely for purposes related to fulfilling the Customer’s Order or providing Services.

Further information is available in GOLDEN CHEF’s Privacy Policy published on its Website.

26. INTELLECTUAL PROPERTY

Unless otherwise stated, all content appearing on the GOLDEN CHEF Website, including but not limited to:

logos;
trademarks;
photographs;
graphics;
product descriptions;
catalogues;
videos;
documents;
software;
website design; and
marketing material,

remains the intellectual property of GOLDEN CHEF or its licensors.

No material may be copied, reproduced, distributed or used without prior written permission, except where permitted by law.

27. WEBSITE USE

The Customer agrees not to:

use the Website for unlawful purposes;
interfere with Website security;
introduce malicious software;
attempt unauthorised access to systems;
misuse online ordering facilities;
submit fraudulent Orders.

GOLDEN CHEF may suspend or restrict Website access where misuse is suspected.

28. GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

These Terms are intended to comply with all applicable South African legislation, including where relevant:

Consumer Protection Act 68 of 2008;
Protection of Personal Information Act 4 of 2013;
Electronic Communications and Transactions Act 25 of 2002;
Companies Act 71 of 2008;
Value Added Tax Act 89 of 1991; and
any other applicable legislation.

29. DISPUTE RESOLUTION

GOLDEN CHEF encourages Customers to contact its customer service department to resolve any concerns before formal legal proceedings are considered.

Any complaint should be submitted in writing to: sales@goldenchef.co.za

Where a dispute cannot be resolved through negotiation, the parties may agree to attempt mediation.

If mediation is unsuccessful, either party may refer the matter to a court or any other forum having jurisdiction under South African law.

Nothing in this clause limits any statutory rights available to consumers.

30. GENERAL PROVISIONS

30.1 Entire Agreement

These Terms, together with any Invoice, Sales Order, quotation or written agreement issued by GOLDEN CHEF, constitute the entire agreement between the parties.

30.2 Amendments

No amendment or variation shall be binding unless made in writing by GOLDEN CHEF.

The latest version published on the GOLDEN CHEF Website shall replace all previous versions.

30.3 Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

30.4 No Waiver

Failure by GOLDEN CHEF to enforce any provision of these Terms shall not constitute a waiver of any right.

30.5 Assignment

The Customer may not transfer or assign any rights or obligations arising from these Terms without GOLDEN CHEF’s prior written consent.

30.6 Electronic Communications

The Customer agrees that communications sent by email or through the Website satisfy any legal requirement that communications be in writing.

Electronic copies of quotations, invoices and related documents shall have the same force and effect as paper copies.

30.7 Updates to these Terms

GOLDEN CHEF may update these Terms from time to time to reflect changes in legislation, business practices or operational requirements.

The version published on the Website at the time an Order is placed shall apply to that transaction.

31. CONTACT INFORMATION

For enquiries relating to Orders, deliveries, warranties, repairs or these Terms, please contact:

Goldberg Import and Export CC, Trading as GOLDEN CHEF