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Founded in 1981, FoodServ Solutions has established itself as a multinational leader and multi award-winning provider of cutting-edge solutions for commercial and industrial kitchen concepts, as well as food preparation equipment – to the food services industry.

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Head Office Address

5 Kruger Street, Denver, 2094

National Call Centre

A Universal Industries company.
Copyright © FoodServ 2021. All Rights Reserved. Digital Dynamite

Terms & Conditions
Privacy Policy

Terms & Conditions

The Purchaser agrees to accept delivery as and when the goods are available irrespective of the fact that a delivery date may have been stipulated on the face hereof. The seller shall not be liable for damages due to late delivery. Cost of transportation shall be invoiced to the Purchaser and payment of same is due on presentation of invoice.
Notwithstanding any defect in or breakage of or in the goods or any delay or reparation or adjustment of the goods, the Purchaser hereby abandons or waives any right to claim any damages whatsoever. Ownership in and to the said goods shall remain vested in the Seller, notwithstanding delivery thereof to the Purchaser, until payment of the full purchase price thereof.
At all times relevant hereto the Purchaser or the Agent of the Purchaser agrees and undertakes:
- To inform the Seller of the exact whereabouts of the goods and of the name and address of any Landlord of any premises where the goods may at any time be stored or kept by the Purchaser or on behalf of the Purchaser.
- To carefully keep and maintain the said goods in the possession and control of the Purchaser, nor remove or allow their removal from such possession or control.
- To duly insure at the Purchase sole cost of the goods for the benefit of the Seller against loss or damage by fire, theft or other cause.
Subject to the guarantee hereunder the goods are sold “voetstoots”. Every and any portion of this agreement is material thereto.
Delivery of the goods hereby sold to the Purchaser shall be deemed to take place at the branch or warehouse of the Seller from which the goods are dispatched to the Purchaser.
The goods which are delivered to the Purchaser shall be deemed to be the goods hereby sold and to be in good order and condition on delivery.
Upon tender of delivery by the Seller, the Purchaser assumes all risk in and on the goods hereby sold and shall bear any loss and or damage in connection with the said goods. No relaxation or indulgence which the Seller may extend to the Purchaser shall in any way prejudice the Seller’s rights hereunder.
Notice by the Purchaser to the Seller under or concerning this Agreement shall be valid and binding on the Seller only if reduced in writing and posted to the Seller by pre-paid registered post.
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- The Seller hereby guarantees the aforesaid equipment for a period of 1 (one) year from the date of delivery thereof to the Purchaser in respect of the replacement of all parts relating to such machines due to faulty materials and or faulty workmanship, and 90 (ninety) days in respect of labour charges.
- The Seller’s liability shall be limited to the repair or replacement at its election of such parts.
- There shall be excluded from such guarantee any parts of the equipment comprising glass, plastic, globes, fuses and elements as well as metal castings.
- The Seller shall not be liable under such guarantee unless during the period thereof the Purchaser at his sole cost and expense delivers the materials concerned or the equipment if that be necessary to the Seller and makes payment on demand to the Seller of all labour charges incurred by the Seller in connection with the repair or replacement concerned.
- The COMPANY shall not be obliged to carry out any maintenance or remedial work in terms of this guarantee unless and until all amounts due to the COMPANY have been paid by the CUSTOMER in full.
- The Seller shall not be bound to perform any obligations under this guarantee if:
  - any damage of whatsoever nature is caused to the equipment arising from or connected with;
    - the negligence or improper use thereof by the Purchaser and or any of its servants or agents bb) vis major or casus fortuitus
  - the Purchaser does not notify the Seller in writing of any replacement required within 7 (seven) days of such replacement coming to the knowledge of the Purchaser.
  - The Purchaser fails to return the defective component to the Seller within 7 (seven) days.
  - The Purchaser is in breach of any of its obligations hereunder or under the Agreement to which this order is attached.
- The Seller shall not under any circumstances be liable for any consequential damages suffered by the Purchaser whether as a result of faulty materials, faulty-workmanship or as a result of any repairs or replacements not having been effected timeously or at all or otherwise howsoever. The Seller shall not be liable for damages for loss of income profits or any reason whatsoever.
Our prices are strictly NETT, do not include VAT and the price of the goods shall be the price as stated in the invoice order form unless it is varied in accordance with any other written agreement.
Payment, unless otherwise provided for herein shall be effected by the CUSTOMER immediately that goods are delivered to the CUSTOMER’s premises.
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- Unless otherwise agreed, in writing, delivery of the goods shall be by road rail at the CUSTOMER’s expense.
- The COMPANY’s delivery note, signed or countersigned by an employee of the CUSTOMER for all purposes shall be deemed to be accurate in all respects and binding on the CUSTOMER.
- Both partners agree, that prior to delivery of the goods, there may be an increase in the landed costs of the goods and or in shipping charges and or in insurance premiums and rates and or in freight rates or in customers duties and or other miscellaneous charges of similar nature, and in such event, the CUSTOMER agrees that the purchase price referred to above, shall be amended to reflect such increase/s and the increase/s shall be absorbed by the CUSTOMER.
- In respect of delivery of the goods, time shall not be of the essence to the CUSTOMER, in the event of delay in delivery for whatever reason: –
  - The CUSTOMER shall not be entitled to cancel the contract.
  - The CUSTOMER shall not be entitled to claim any damages suffered by it.
The COMPANY shall be entitled to cancel this agreement, by written notice to the CUSTOMER and claim from the CUSTOMER immediate payment of the full amount of the purchase price due to the COMPANY, notwithstanding any earlier agreement, as to credit if:
- The CUSTOMER fails to pay any amount due to the COMPANY in terms of this agreement.
- Any cheques, promissory note or bill of Exchange given by the CUSTOMER in respect of any indebtedness to the COMPANY under this agreement is dishonored.
- The CUSTOMER is placed in liquidation and or one of its directors and or shareholders has their Estate sequestrated.
- The CUSTOMER commits any act of Insolvency.
- The CUSTOMER enters into any compromise with creditors.
- The CUSTOMER fails to satisfy any Court Judgement granted against it within 7 (SEVEN) days after Judgement has been granted.
No amendment or variation to the agreement shall be binding unless reduced in writing and signed by both parties.
The CUSTOMER acknowledges that the COMPANY and or its employees has given no warranties, express or implied save as expressly stated in the order.
If any amount owing by the CUSTOMER to the COMPANY is not paid on due date, the CUSTOMER shall be obliged to pay interest thereon at the maximum prescribed by law, from time to time and shall forfeit any cash discount granted to it.
In the event of the COMPANY instructing any Attorney to enforce its right herein against any party to this order, it shall be entitled to claim all its Attorney and own client costs incurred such costs to include collection commission.
Both parties elect their domicilium citandi et executandi addresses at those addresses set out on the reverse side of this document.
These conditions are binding on acceptance of the order of the invoice where no written order is given.

Copyright © FoodServ 2021. All Rights Reserved

Privacy Policy

Trading as FoodServ Solutions (Pty) ltd

FoodServ Solutions (Pty) Ltd is committed to protecting your privacy. This privacy policy together with our terms and conditions explains:
- the kinds of personal information we collect and hold;
  - how we collect and hold it;
  - the purposes for which we collect, hold, use and disclose it;
  - how you may complain about privacy matters; and
  - our sharing of your personal information with third parties and cross border.
If you have any questions concerning your personal information, please contact us on +27 11 616 8284.
Personal information refers to all information about you as an identifiable individual, including your name, address, email address and telephone number.
Collection and processing of Personal information
- FoodServ Solutions (Pty) Ltd only collects and processes personal information that is reasonably necessary for its business functions and activities which include but are not limited to the following instances:
  - making an online purchase
  - opening an account
  - Joining our newsletter clubs or to send you information;
  - taking part in our promotions, competitions, and surveys (if applicable)
- FoodServ Solutions (Pty) ltd may also collect personal information about you by accessing data from other sources and then analysing that data together with the information we already hold about you in order to learn more about your likely preferences and interests. When you visit our website or social media pages or click on our advertisements on the online media of other companies, FoodServ Solutions (Pty) ltd may collect information about you using technology which is not apparent to you, for example “cookies”. A cookie is an alphanumeric identifier which we transfer to your hard drive through your web browser when you visit our website. It enables our own system to recognise you when you visit our website again and to improve our service to you. Cookies may also be used to compile aggregate information about areas of our website that are visited most frequently. This information can be used to enhance the content of our website and make your use of it easier. We do not monitor which pages you looked at while visiting our website. You can disable our use of cookies by configuring your browser accordingly.
- In order to register for certain services or to enter competitions or promotions offered through our website from time to time FoodServ Solutions (Pty) ltd may also collect relevant personal information. FoodServ Solutions (Pty) ltd will use such information to provide the services to you. FoodServ Solutions (Pty) ltd may also use such information for its own internal purposes including –
  - establishing and verifying your identity;
  - maintaining and updating our customer databases; and
  - marketing, product research and development purposes.
Storage of personal information
- FoodServ Solutions (Pty) ltd uses all reasonable endeavours to put in place and maintain electronic procedures and systems to ensure accuracy and to eliminate risks of unauthorised access to, and loss, misuse or wrongful alteration of, personal information with reference to accepted technological standards.
Personal information shared
- FoodServ Solutions (Pty) ltd will not sell, rent or otherwise disclose your personal information to any third party without your consent, provided that by using our website and/or subscribing for any of our services, you provide your express and informed consent for FoodServ Solutions (Pty) ltd to disclose your personal information to third parties as follows –
  - to third party companies employed by FoodServ Solutions (Pty) ltd to provide services for us, including for example, website hosting and development. These companies require access to your personal information to perform their functions and not for any other purposes;
  - to transfer FoodServ Solutions (Pty) ltd’ customer database/s, including personal information contained therein, to any third party who acquires all or substantially all of the assets or shares in our company or our website service whether by sale, merger, acquisition or otherwise;
  - to governmental agencies, exchanges and other regulatory or self-regulatory organisations if FoodServ Solutions (Pty) ltd is required to do so by law or if we believe that such action is necessary to;
    - comply with the law or with any legal process;
    - protect and defend our rights and property or that of our customers and companies in our group;
    - prevent fraud or abuse, misuse or unauthorised use of our website; and/or
    - protect the personal safety or property of our customers or the public (if you provide false or deceptive information about yourself or misrepresent yourself as being someone else, FoodServ Solutions (Pty) ltd will disclose such information to the appropriate regulatory bodies and commercial entities).
- FoodServ Solutions (Pty) ltd reserves the right to share non-personal, non-individual information in aggregate form with third parties for business purposes, for example with advertisers on our website or business associates and partners. This does not involve disclosing any personal information which can identify any individual in any way.
Links
- Should our website contain links to other websites. Please note that we are not responsible for the privacy practices of third-party websites or the manner in which they use cookies and advise you to read the privacy statements of each website you visit which collects personal information.
Communicating with you / Opting Out
- If you are an existing customer, we provide you the opportunity to ‘opt-out’ of having your personally identifiable information used for certain purposes, when we ask for this information. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by:
  - following the instructions included in each newsletter or communication
  - updating your registered profile preferences
Changes to this Privacy Policy
- We reserve the right to modify this policy at any time, so please review it frequently. If we decide to change our privacy & security policy, we will post changes to this page. If we make material changes to this policy, we will notify you by email, or by means of a notice on our home page. The amended privacy & security policy will supersede and replace any previous policies with effect from the date on which it is posted on our website.

Date last amended November 2020

Copyright © FoodServ 2021. All Rights Reserved

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