Terms and Conditions

Effective Date: 25 October 2025 | Last Updated: 25 October 2025

Table of Contents

  1. Introduction and Acceptance
  2. Definitions and Interpretation
  3. Account Registration and Application
  4. Orders and Order Acceptance
  5. Pricing and Payment Terms
  6. Credit Facilities and Terms
  7. Delivery and Risk
  8. Returns and Refunds Policy
  9. Product Quality and Warranties
  10. Limitation of Liability
  11. Indemnification
  12. Intellectual Property Rights
  13. Confidentiality
  14. Data Protection and Privacy
  15. Force Majeure
  16. Termination and Suspension
  17. Dispute Resolution
  18. Governing Law and Jurisdiction
  19. General Provisions
  20. Contact Information

1. Introduction and Acceptance

Welcome to Good Food Distributors (Pty) Ltd ("Good Food Distributors", "we", "us", or "our"). These Terms and Conditions ("Terms") constitute a legally binding agreement between Good Food Distributors and you (the "Customer", "you", or "your") governing your access to and use of our website, services, and the purchase of products.

By accessing our website at www.goodfooddistributors.co.za, registering for a trade account, placing an order, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy and any other policies referenced herein.

These Terms apply to all business-to-business (B2B) transactions conducted through our distribution channels, including but not limited to retailers, wholesalers, restaurants, hotels, and other commercial entities operating within the Republic of South Africa.

IMPORTANT: If you do not agree with any part of these Terms, you must not use our website or services or purchase any products from us. Your continued use of our services constitutes acceptance of these Terms as they may be amended from time to time.

2. Definitions and Interpretation

In these Terms, unless the context requires otherwise:

TermDefinition
Business DayAny day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa
ConsumerA person to whom goods or services are marketed in the ordinary course of business
CPAThe Consumer Protection Act 68 of 2008, as amended
Credit FacilityThe arrangement whereby we extend credit to approved Customers for the purchase of Products
Delivery AddressThe physical address nominated by the Customer for delivery of Products
ECTAThe Electronic Communications and Transactions Act 25 of 2002, as amended
NCAThe National Credit Act 34 of 2005, as amended
OrderA request by the Customer to purchase Products from Good Food Distributors
POPIAThe Protection of Personal Information Act 4 of 2013, as amended
ProductsFast-moving consumer goods (FMCG) including food, beverages, and related products offered for sale by Good Food Distributors
ServicesThe distribution, delivery, and related services provided by Good Food Distributors
Trade AccountA business account established with Good Food Distributors for the purchase of Products
WebsiteThe website located at www.goodfooddistributors.co.za and any associated mobile applications or platforms

Interpretation: Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa. References to statutes include amendments and re-enactments thereof.

3. Account Registration and Application

3.1 Eligibility

To register for a Trade Account, you must:

  • Be a registered business entity in South Africa with a valid company or business registration number
  • Possess a valid VAT registration number (where applicable)
  • Have appropriate business licenses and permits for your trade activities
  • Be at least 18 years of age and have the legal capacity to enter into binding contracts
  • Provide accurate, current, and complete information during registration

3.2 Application Process

The registration process requires submission of:

  • Completed registration form with authorized signatory details
  • Company registration documents (CIPC certificate, founding statement, or business registration)
  • Certified copies of identity documents of directors/owners/authorized signatories
  • Proof of business address (utility bill, lease agreement, or municipal account not older than 3 months)
  • Banking details and bank confirmation letter on bank letterhead
  • Trade references (minimum of 2 suppliers with whom you have an established trading history)
  • VAT registration certificate (if applicable)

3.3 Credit Assessment

We reserve the right to conduct credit checks, verify information provided, and assess your creditworthiness. Account approval and credit limits are determined at our sole discretion. We may request additional documentation or financial statements during the assessment process. Processing time for applications is typically 3-5 Business Days from receipt of complete documentation.

3.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. You must notify us immediately of any unauthorized access or security breach. We reserve the right to suspend or terminate accounts where fraud or misuse is suspected.

4. Orders and Order Acceptance

4.1 Placing Orders

Orders may be placed through the following channels:

  • Online via our Website using your Trade Account login credentials
  • Telephonically to our sales team at 087 550 8999
  • Via email to sales@goodfooddistributors.co.za
  • Through your designated sales representative

4.2 Order Confirmation

Upon receipt of your Order, we will issue an order acknowledgement via email or SMS. This acknowledgement does not constitute acceptance of your Order. A binding contract is only formed when we dispatch your Order or issue an order confirmation invoice, whichever occurs first. We reserve the right to accept or decline any Order at our discretion, including for reasons of credit limits, product availability, or pricing errors.

4.3 Minimum Order Requirements

Minimum order values may apply depending on your location and account type:

  • Metropolitan areas: R1,500 minimum order value (excluding VAT)
  • Regional areas: R2,500 minimum order value (excluding VAT)
  • Remote areas: R5,000 minimum order value (excluding VAT) or as otherwise agreed

4.4 Lead Times

Standard lead time for order processing and delivery is 48 hours (2 Business Days) from order confirmation. 48-hour or next-day delivery may be available for orders placed before 10:00 AM, subject to product availability and location. Lead times may be extended during peak periods, public holidays, or due to force majeure events.

4.5 Order Modifications and Cancellations

Orders may be modified or cancelled by contacting us within 2 hours of placement, provided the Order has not yet been processed. Once an Order has been processed or dispatched, cancellation is not permitted. If we are unable to fulfill part or all of your Order, we will notify you promptly and offer alternatives or a refund for the affected items.

5. Pricing and Payment Terms

5.1 Pricing

All prices are quoted in South African Rand (ZAR) and are exclusive of Value-Added Tax (VAT) unless otherwise stated. Prices displayed on our Website or in quotations are subject to change without notice. The price applicable to your Order is the price confirmed at the time of order acceptance, as reflected on your invoice.

5.2 Price Variations

We reserve the right to adjust prices due to:

  • Supplier price increases or cost variations
  • Changes in VAT rates or other applicable taxes
  • Currency fluctuations affecting imported Products
  • Extraordinary increases in transportation or logistics costs
  • Force majeure events affecting supply chains

We will notify you of any material price increases that may affect standing orders or future purchases.

5.3 Payment Methods

We accept the following payment methods:

  • Electronic Funds Transfer (EFT) to our designated bank account
  • Credit card payments (Visa, Mastercard) subject to processing fees
  • Approved credit facilities (NET 30 payment terms for qualifying accounts)
  • Cash on delivery (COD) for approved accounts only, subject to maximum order values

5.4 Payment Terms

For cash accounts, payment is due immediately upon order placement or before delivery. For approved credit accounts, payment is due within 30 days from invoice date (NET 30 terms). All payments must reference the relevant invoice number to ensure proper allocation.

5.5 Late Payment

Late payments will attract interest at the rate prescribed by the National Credit Act (currently 11.75% per annum) or such other rate as may be determined by legislation from time to time. Interest is calculated daily and compounded monthly on overdue amounts. We reserve the right to suspend credit facilities and deliveries for accounts in arrears until payment is received.

5.6 Set-Off and Collection Costs

We reserve the right to set off any amounts owed to you against amounts you owe us. You will be liable for all costs incurred in collecting overdue amounts, including legal fees on an attorney-client scale, collection commission, and tracing fees.

6. Credit Facilities and Terms

6.1 Credit Application

Credit facilities are subject to approval and may require personal or business suretyship. We conduct comprehensive credit assessments including credit bureau checks, trade reference verification, and financial statement analysis. Credit limits are determined based on creditworthiness, trading history, and business profile.

6.2 Credit Terms

Standard credit terms are NET 30 days from invoice date. Credit limits are reviewed periodically and may be adjusted based on payment history and account performance. We reserve the right to withdraw or reduce credit facilities at any time without prior notice if:

  • Payment obligations are not met within agreed terms
  • Your credit profile deteriorates or adverse information becomes known
  • You are placed under business rescue, liquidation, or sequestration
  • Material adverse changes occur in your business circumstances

6.3 Security and Guarantees

We may require personal suretyship from directors, owners, or partners as security for credit facilities. Sureties bind themselves as co-principal debtors in solidum with the Customer for all amounts owed. We retain ownership of all Products delivered until payment is received in full (retention of title clause as permitted by law).

6.4 National Credit Act Compliance

Where the National Credit Act applies, we will conduct affordability assessments and provide required disclosures. You have the right to apply for debt review if experiencing financial difficulty. We will report credit behavior to registered credit bureaus as permitted by law.

6.5 Credit Limit Management

You must manage your credit limit responsibly and not exceed your authorized limit. Orders that exceed available credit may be held, reduced, or cancelled. Requests for credit limit increases must be submitted in writing with supporting financial documentation for review.

7. Delivery and Risk

7.1 Delivery Arrangements

Deliveries are made to the Delivery Address specified in your Trade Account or as nominated on the Order. Standard delivery hours are Monday to Friday, 7:00 AM to 5:00 PM, excluding public holidays. We operate a scheduled delivery route system, and specific delivery time slots cannot be guaranteed unless specifically agreed upon in writing.

7.2 Delivery Lead Times

We aim to deliver Orders within 48 hours (2 Business Days) of order confirmation, subject to product availability and location. Delivery timeframes are estimates only and do not constitute binding commitments. We will not be liable for any delays caused by circumstances beyond our reasonable control.

7.3 Delivery Charges

Delivery charges may apply depending on order value and location:

  • Free delivery for orders exceeding R5,000 (excluding VAT) within standard delivery areas
  • Flat rate delivery fee for orders below minimum values
  • Additional charges for remote locations, urgent deliveries, or special handling requirements
  • Fuel levy surcharges may apply during periods of significant fuel price increases

7.4 Risk and Title

Risk in Products passes to you upon delivery. For deliveries requiring signature, risk passes upon the signatory accepting delivery. For unattended deliveries (where authorized), risk passes when Products are left at the Delivery Address. Title to Products remains with Good Food Distributors until payment is received in full (retention of title). You are not entitled to resell, encumber, or dispose of Products until full payment is made.

7.5 Delivery Acceptance and Inspection

You must inspect all Products upon delivery and note any discrepancies, shortages, or visible damage on the delivery note before signing. Failure to note such issues at delivery may affect your ability to claim for shortages or damage. If you are not available to receive delivery, you must nominate an authorized representative to accept delivery on your behalf.

7.6 Failed Deliveries

If delivery cannot be completed due to your unavailability, incorrect address, refusal to accept, or failure to provide access, we may charge re-delivery fees. After two unsuccessful delivery attempts, we reserve the right to cancel the Order and charge a restocking fee of 15% of the order value.

7.7 Cold Chain Management

For temperature-sensitive Products, we maintain cold chain integrity during transportation in accordance with R638:2018 regulations. Upon delivery, it is your responsibility to immediately place Products in appropriate storage conditions. We are not liable for product deterioration resulting from inadequate storage after delivery.

8. Returns and Refunds Policy

8.1 General Returns Policy

Due to the nature of food and beverage products, returns are generally not accepted except in the circumstances outlined below. Products cannot be returned for change of mind, incorrect ordering, or buyer's remorse. All returns require prior authorization from our customer service team.

8.2 Acceptable Returns

We accept returns in the following circumstances:

  • Defective Products: Items that are damaged, defective, or unfit for consumption
  • Incorrect Products: Items delivered that differ from what was ordered
  • Short Shelf Life: Products delivered with less than 30 days remaining until expiry date (unless specifically ordered as short-dated)
  • Delivery Errors: Wrong quantities or items delivered in error
  • Quality Issues: Products that do not meet reasonable quality standards or manufacturer specifications

8.3 Returns Procedure

To initiate a return:

  1. Contact our customer service team within 24 hours of delivery at 087 550 8999 or returns@goodfooddistributors.co.za
  2. Provide your order number, invoice number, and detailed description of the issue with photographic evidence
  3. Await authorization and return merchandise authorization (RMA) number
  4. Return Products in original packaging, unopened and in resaleable condition (where applicable)
  5. Include the RMA number on the return package

8.4 Return Timeframes

Returns must be initiated within 24 hours of delivery for quality or damage issues. Requests made after this period may not be accepted unless the defect could not reasonably have been discovered immediately. Products must be returned within 7 days of receiving authorization.

8.5 Refunds and Credits

For approved returns, we will issue:

  • Credit note for the returned Products to be applied to your account
  • Replacement Products at no additional charge, or
  • Refund to your original payment method (if paid by EFT or card)

Refunds are processed within 7-14 Business Days of receiving and inspecting returned Products. Delivery charges are non-refundable unless the return is due to our error.

8.6 Non-Returnable Items

The following items cannot be returned:

  • Products with broken seals or opened packaging (unless defective)
  • Perishable items after 24 hours from delivery
  • Special order or custom-ordered items
  • Products damaged due to improper storage or handling after delivery
  • Short-dated or clearance items purchased at discounted rates (unless defective)

9. Product Quality and Warranties

9.1 Quality Standards

We are committed to supplying Products that comply with all applicable South African food safety and quality regulations, including:

  • Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972
  • Regulations R638:2018 (hygiene requirements for food businesses)
  • Regulations R146:2012 (labeling and advertising of foodstuffs)
  • SANS 10049 (food hygiene and safety management systems)

9.2 Product Information

We strive to ensure product descriptions, images, and specifications are accurate. However, we do not warrant that product information is complete, reliable, current, or error-free. Actual product packaging and materials may contain different or additional information than shown on our Website. All Products are subject to manufacturer specifications and may vary slightly from descriptions.

9.3 Warranties

We warrant that at the time of delivery, Products will:

  • Be of merchantable quality and fit for their ordinary purpose
  • Comply with descriptions provided
  • Have reasonable shelf life remaining (minimum 30 days unless otherwise stated)
  • Comply with applicable food safety regulations

This warranty is subject to proper storage and handling after delivery. We do not provide warranties beyond those required by law.

9.4 Manufacturer Warranties

Some Products may be covered by manufacturer warranties. These warranties are provided by the manufacturer, not Good Food Distributors. We will assist in facilitating warranty claims where reasonably possible, but warranty obligations rest with the manufacturer.

9.5 Shelf Life and Expiry Dates

We endeavor to supply Products with adequate shelf life for commercial resale. Unless otherwise stated, Products will have a minimum of 30 days remaining until the best before or expiry date at time of delivery. Short-dated or clearance Products may be offered at discounted prices with clearly disclosed shelf life information.

9.6 Quality Complaints

Quality complaints must be lodged within 24 hours of delivery with photographic evidence and batch/lot numbers. We will investigate all quality complaints and take appropriate action, which may include product replacement, credit, or referral to the manufacturer. We maintain comprehensive traceability systems to facilitate product recalls if required.

10. Limitation of Liability

10.1 General Limitation

To the maximum extent permitted by law, our total aggregate liability arising from or in connection with these Terms, the Products, or Services, whether in contract, delict (tort), or otherwise, shall not exceed the value of the specific Order giving rise to the claim.

10.2 Exclusion of Consequential Loss

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, business, or anticipated savings
  • Loss of goodwill or reputation
  • Loss of data or information
  • Business interruption or downtime
  • Loss of business opportunities
  • Third-party claims

10.3 Non-Excludable Liability

Nothing in these Terms excludes or limits our liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be excluded or limited under South African law
  • Gross negligence or willful misconduct

10.4 Product Liability

As a distributor, our liability for product defects is limited to replacement or credit for defective Products. Product liability claims relating to manufacturing defects, contamination, or health hazards should be directed to the manufacturer. We will cooperate in facilitating such claims but do not accept liability for issues arising from product design or manufacturing.

10.5 Website and Technology

We do not guarantee uninterrupted or error-free operation of our Website or systems. We are not liable for any loss or damage arising from Website unavailability, technical errors, system failures, cyber-attacks, or data breaches, provided we have implemented reasonable security measures.

10.6 Time Bar

No claim against us may be instituted unless legal proceedings are commenced within 6 months of the cause of action arising. This time bar applies to the fullest extent permitted by law.

11. Indemnification

11.1 Customer Indemnity

You agree to indemnify, defend, and hold harmless Good Food Distributors, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising from or relating to:

  • Your breach of these Terms or violation of any law or regulation
  • Your use or misuse of Products after delivery
  • Your resale of Products in violation of applicable laws or regulations
  • Product liability claims arising from your handling, storage, or resale of Products
  • Infringement of any third-party intellectual property rights through your use of our Services
  • Your negligent acts or omissions
  • Unauthorized use of your account credentials by third parties due to your failure to maintain security

11.2 Product Resale Indemnity

If you resell Products to end consumers or other businesses, you indemnify us against any claims arising from:

  • Failure to comply with consumer protection laws in your resale activities
  • Improper storage, handling, or display of Products leading to contamination or spoilage
  • Sale of expired or out-of-date Products
  • Misrepresentation of Products to your customers
  • Failure to provide adequate product information or warnings to end users

11.3 Defense of Claims

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim without our prior written consent if such settlement imposes any obligation or liability on us.

11.4 Notification

You must promptly notify us of any claim or threatened claim that may give rise to an indemnification obligation. Failure to provide timely notice may affect your indemnification obligations.

12. Intellectual Property Rights

12.1 Our Intellectual Property

All intellectual property rights in our Website, branding, logos, trademarks, trade names, content, materials, software, databases, and documentation ("Our IP") are owned by or licensed to Good Food Distributors. These include but are not limited to:

  • The "Good Food Distributors" name and logo
  • Website design, layout, and user interface
  • Marketing materials, catalogues, and price lists
  • Proprietary business processes and systems
  • Customer data and analytics

12.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website and Services for legitimate business purposes in accordance with these Terms. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or exploit Our IP without prior written consent.

12.3 Third-Party Intellectual Property

Product brands, trademarks, and packaging designs are owned by their respective manufacturers. You may display and use manufacturer trademarks solely for the purpose of reselling their Products in accordance with applicable trademark laws. You must not use trademarks in a manner that implies endorsement, affiliation, or sponsorship without authorization.

12.4 Prohibited Uses

You must not:

  • Remove, obscure, or alter any copyright, trademark, or proprietary notices
  • Reverse engineer, decompile, or disassemble any software or technology
  • Use automated systems (bots, scrapers) to access our Website without permission
  • Frame or mirror any part of our Website
  • Use Our IP in any manner that could damage our reputation or goodwill

12.5 Infringement Claims

If you believe any content on our Website infringes your intellectual property rights, please notify us at legal@goodfooddistributors.co.za with detailed information including proof of ownership and the specific content in question. We will investigate and take appropriate action in accordance with applicable law.

13. Confidentiality

13.1 Confidential Information

"Confidential Information" means any non-public information disclosed by either party, including but not limited to:

  • Pricing structures, discounts, and payment terms
  • Business strategies, plans, and forecasts
  • Customer lists and supplier information
  • Technical specifications and processes
  • Financial information and credit terms
  • Proprietary business information

13.2 Confidentiality Obligations

Both parties agree to:

  • Maintain confidentiality of all Confidential Information received
  • Use Confidential Information solely for the purpose of performing under these Terms
  • Not disclose Confidential Information to third parties without prior written consent
  • Protect Confidential Information with the same degree of care used for own confidential information, but no less than reasonable care
  • Limit access to Confidential Information to employees or agents with a need to know

13.3 Exceptions

Confidentiality obligations do not apply to information that:

  • Is or becomes publicly available through no breach of these Terms
  • Was rightfully known prior to disclosure
  • Is independently developed without use of Confidential Information
  • Is received from a third party without breach of confidentiality obligations
  • Must be disclosed pursuant to legal or regulatory requirements (with notice to the disclosing party where possible)

13.4 Term and Return

Confidentiality obligations survive termination of these Terms for a period of 5 years. Upon termination or request, each party must return or destroy all Confidential Information in its possession and certify such destruction in writing.

13.5 Pricing Confidentiality

You acknowledge that pricing information provided to you is confidential and specific to your account. You must not disclose our pricing to competitors or use it to solicit competing offers. Volume discounts and special pricing arrangements are confidential and must not be disclosed to other customers.

14. Data Protection and Privacy

14.1 POPIA Compliance

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and our Privacy Policy. By accepting these Terms, you consent to the collection, processing, and use of personal information as described in our Privacy Policy, available at www.goodfooddistributors.co.za/privacy.

14.2 Personal Information Collection

We collect and process the following categories of personal information:

  • Contact details (names, email addresses, phone numbers)
  • Business information (company name, registration numbers, VAT numbers)
  • Identity documents of directors and authorized signatories
  • Banking and financial information
  • Transaction history and ordering patterns
  • Credit information and payment history
  • Website usage data and cookies

14.3 Purpose of Processing

We process personal information for the following purposes:

  • Account registration and management
  • Order processing and fulfillment
  • Credit assessment and account monitoring
  • Payment processing and debt collection
  • Customer service and support
  • Marketing and promotional communications (with consent)
  • Compliance with legal and regulatory obligations
  • Fraud prevention and security

14.4 Data Subject Rights

You have the right to:

  • Access your personal information held by us
  • Request correction of inaccurate or incomplete information
  • Object to processing for direct marketing purposes
  • Request deletion of personal information (subject to legal retention requirements)
  • Lodge a complaint with the Information Regulator

14.5 Data Security

We implement reasonable technical and organizational measures to protect personal information against unauthorized access, loss, destruction, or damage. However, no data transmission over the internet is completely secure, and we cannot guarantee absolute security.

14.6 Data Sharing

We may share personal information with:

  • Credit bureaus for credit assessment purposes
  • Debt collection agencies for recovery of overdue accounts
  • Service providers (payment processors, delivery partners) under confidentiality obligations
  • Law enforcement or regulatory authorities when legally required
  • Professional advisors (lawyers, accountants) under confidentiality obligations

14.7 Retention Period

We retain personal information for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations (including tax and financial record keeping), resolve disputes, and enforce our agreements. Transaction records are typically retained for a minimum of 7 years in accordance with South African law.

15. Force Majeure

15.1 Force Majeure Events

Neither party shall be liable for failure to perform or delay in performing any obligation under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to:

  • Acts of God (earthquakes, floods, storms, lightning, natural disasters)
  • Pandemics, epidemics, or public health emergencies
  • War, invasion, terrorism, civil unrest, or riots
  • Government actions, embargoes, or regulatory changes
  • National emergencies or states of disaster
  • Strikes, labor disputes, or industrial action (excluding our own employees)
  • Power failures, utility disruptions, or telecommunications failures
  • Fire, explosion, or catastrophic equipment failure
  • Severe weather conditions rendering transportation impossible or unsafe
  • Supply chain disruptions beyond our control
  • Cyber-attacks, hacking, or malicious software affecting systems

15.2 Effect of Force Majeure

Upon occurrence of a force majeure event:

  • The affected party's obligations are suspended for the duration of the event
  • The affected party shall not be deemed in breach of these Terms
  • Performance timelines shall be extended by a period equal to the duration of the force majeure event
  • No penalties, interest, or damages shall accrue during the force majeure period

15.3 Notification Requirements

The party affected by force majeure must:

  • Notify the other party promptly (within 48 hours) of the force majeure event
  • Provide details of the nature and expected duration of the event
  • Provide regular updates on the status and anticipated resolution
  • Notify the other party when the force majeure event has ended

15.4 Mitigation Efforts

The affected party must use reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable. This may include sourcing alternative suppliers, implementing contingency plans, or arranging alternative delivery routes.

15.5 Extended Force Majeure

If a force majeure event continues for more than 30 consecutive days, either party may terminate affected Orders or the agreement by giving 14 days' written notice. Such termination shall be without penalty or liability for either party. Outstanding invoices for Products already delivered shall remain payable.

15.6 Allocation of Supply

During force majeure events affecting product availability, we reserve the right to allocate available Products among customers on an equitable basis, taking into account historical ordering patterns, critical needs, and other relevant factors. Priority may be given to essential services such as hospitals, emergency services, and critical infrastructure.

16. Termination and Suspension

16.1 Termination by Customer

You may terminate your Trade Account at any time by providing 30 days' written notice to accounts@goodfooddistributors.co.za. Upon termination, you must:

  • Pay all outstanding amounts immediately
  • Return any Products held under retention of title
  • Cease use of our intellectual property and confidential information
  • Return or destroy all confidential materials

16.2 Termination by Good Food Distributors

We may terminate your Trade Account immediately without notice if:

  • You breach any material term of these Terms and fail to remedy within 14 days of written notice
  • You fail to pay any invoice within the agreed terms
  • You exceed your credit limit without authorization
  • You provide false or misleading information
  • You are placed under business rescue, liquidation, sequestration, or administration
  • You cease business operations
  • Your creditworthiness deteriorates materially
  • You engage in fraudulent activity or material misconduct
  • You resell Products in violation of applicable laws

16.3 Suspension of Services

We reserve the right to suspend your account and Services without terminating the agreement if:

  • Your account is in arrears
  • We suspect fraudulent activity or security breaches
  • We are conducting investigations into account activity
  • You have breached Terms in a manner that may be remedied
  • Credit limit adjustments are pending

Services will be reinstated upon resolution of the issue giving rise to suspension.

16.4 Effect of Termination

Upon termination:

  • Your right to access Services ceases immediately
  • All outstanding amounts become immediately due and payable
  • We may exercise our rights under retention of title clauses
  • Mutual obligations of confidentiality continue as specified in Section 13
  • Accrued rights and obligations are not affected
  • Provisions intended to survive termination (including indemnities, limitations of liability, governing law) remain in effect

16.5 No Waiver of Rights

Termination does not affect our right to recover outstanding amounts, seek damages for breach, or enforce any provisions intended to survive termination. We may pursue all available legal remedies for recovery of amounts owed.

17. Dispute Resolution

17.1 Good Faith Negotiations

In the event of any dispute arising from or relating to these Terms, the parties agree to first attempt to resolve the matter amicably through good faith negotiations. Either party may initiate negotiations by sending written notice to the other party outlining the nature of the dispute. Senior representatives of both parties shall meet within 14 days to discuss resolution.

17.2 Mediation

If the dispute cannot be resolved through negotiations within 30 days, either party may refer the matter to mediation. Mediation shall be conducted by a mediator mutually agreed upon or, failing agreement, appointed by the Arbitration Foundation of Southern Africa (AFSA). The parties shall share mediation costs equally. Mediation proceedings shall be confidential.

17.3 Arbitration

If mediation is unsuccessful or either party is unwilling to participate in mediation, any dispute shall be referred to and finally resolved by arbitration under the Rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration shall be conducted by a single arbitrator appointed in accordance with AFSA Rules. The arbitration shall take place in Johannesburg, South Africa. The arbitration shall be conducted in English. The arbitrator's decision shall be final and binding on both parties and may be made an order of any court of competent jurisdiction.

17.4 Costs

Each party shall bear its own legal costs in connection with dispute resolution proceedings, unless the arbitrator or court determines otherwise. The arbitrator may award costs to the successful party in accordance with applicable rules and principles.

17.5 Interim Relief

Nothing in this Section 17 prevents either party from seeking urgent interim or interlocutory relief from a court of competent jurisdiction where immediate relief is necessary to prevent irreparable harm or preserve rights. This includes applications for urgent interdicts, attachments, or other provisional remedies.

17.6 Debt Collection

Notwithstanding the above dispute resolution procedures, we reserve the right to institute action for collection of undisputed outstanding amounts without first resorting to mediation or arbitration. Debt collection matters may be referred directly to our attorneys or debt collection agencies.

17.7 Performance During Dispute

Except where the dispute relates to payment obligations, both parties shall continue to perform their respective obligations under these Terms during the pendency of any dispute resolution proceedings, unless otherwise agreed or ordered by an arbitrator or court.

18. Governing Law and Jurisdiction

18.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa.

18.2 Jurisdiction

Subject to the arbitration provisions in Section 17, you irrevocably consent to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg, for any litigation arising from these Terms. However, we reserve the right to institute action in any court having jurisdiction over you or your assets.

18.3 Legal Compliance

These Terms are intended to comply with all applicable South African legislation, including but not limited to:

  • Consumer Protection Act 68 of 2008 (to the extent applicable to B2B transactions)
  • Electronic Communications and Transactions Act 25 of 2002
  • Protection of Personal Information Act 4 of 2013
  • National Credit Act 34 of 2005 (where applicable)
  • Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972
  • Competition Act 89 of 1998

18.4 Regulatory Compliance

Both parties undertake to comply with all applicable laws, regulations, and industry standards relating to their respective obligations under these Terms. This includes compliance with:

  • Food safety regulations (R638:2018, HACCP principles)
  • Labeling and advertising requirements (R146:2012)
  • Transport and logistics regulations
  • Environmental regulations
  • Labor laws and employment equity legislation
  • Tax laws including VAT regulations
  • Anti-corruption and anti-bribery laws

18.5 Consumer Protection Act Exclusions

To the extent that transactions under these Terms qualify as B2B transactions exceeding the threshold amounts specified in the Consumer Protection Act, the parties agree that Sections 45, 47, and 48 of the CPA (relating to cancellation and cooling-off periods) do not apply to these transactions. However, all other applicable consumer protections remain in force to the extent required by law.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between the parties and supersede all prior agreements, representations, and understandings, whether written or oral, relating to the subject matter. No reliance is placed on any representation or warranty not expressly set out in these Terms.

19.2 Amendments

We reserve the right to modify these Terms at any time by posting updated Terms on our Website. The updated Terms will be effective immediately upon posting, and the "Last Updated" date will be revised. Your continued use of our Services after such posting constitutes acceptance of the modified Terms. Material changes will be communicated via email to registered users. It is your responsibility to review these Terms periodically.

19.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed, and the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the original provision.

19.4 Waiver

No waiver of any provision of these Terms shall be deemed or constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly stated. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

19.5 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be void. We may freely assign, transfer, or delegate our rights and obligations under these Terms to any affiliated entity, successor in interest, or in connection with a merger, acquisition, or sale of assets.

19.6 Third-Party Rights

These Terms are for the benefit of the parties only and are not intended to confer any rights or benefits on any third party. No third party shall have any right to enforce any provision of these Terms.

19.7 Notices

All notices required under these Terms must be in writing and shall be deemed given when:

  • Delivered by hand (upon delivery)
  • Sent by registered mail (5 Business Days after posting)
  • Sent by email (upon transmission, provided no delivery failure notification is received)
  • Sent by fax (upon receipt of successful transmission confirmation)

Notices to you shall be sent to the address or email provided in your Trade Account registration. Notices to us shall be sent to legal@goodfooddistributors.co.za or our registered business address.

19.8 Relationship of Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between the parties. Neither party has authority to bind the other or to incur obligations on behalf of the other without prior written consent.

19.9 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to: payment obligations, indemnification, limitation of liability, confidentiality, intellectual property rights, governing law, and dispute resolution.

19.10 Language

These Terms are drafted in English. If these Terms are translated into any other language, the English version shall prevail in case of any inconsistency or discrepancy.

19.11 Counterparts

Where these Terms are signed by the parties, they may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one agreement. Electronic signatures shall have the same legal effect as original signatures in accordance with the Electronic Communications and Transactions Act.

19.12 Conflict of Terms

In the event of conflict between these Terms and any other document, including purchase orders or delivery notes, these Terms shall prevail unless we have expressly agreed otherwise in a written agreement signed by an authorized representative.

20. Contact Information

For questions, concerns, or inquiries regarding these Terms, please contact us:

Good Food Distributors (Pty) Ltd

Registered Address:
123 Distribution Way
Johannesburg, Gauteng
South Africa, 2000
Company Registration:
2008/123456/07
VAT Number:
4123456789
Telephone:
087 550 8999
Email Addresses:
General Inquiries: info@goodfooddistributors.co.za
Sales: sales@goodfooddistributors.co.za
Accounts: accounts@goodfooddistributors.co.za
Customer Service: support@goodfooddistributors.co.za
Returns: returns@goodfooddistributors.co.za
Legal/Compliance: legal@goodfooddistributors.co.za
Business Hours:
Monday - Friday: 7:00 AM - 5:00 PM
Saturday: 8:00 AM - 1:00 PM
Sunday & Public Holidays: Closed

Information Officer (POPIA): privacy@goodfooddistributors.co.za
Complaints: For complaints regarding data protection or consumer rights, contact our compliance officer at the details above or lodge a complaint with the relevant regulatory authority (Information Regulator or National Consumer Commission).

By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Good Food Distributors (Pty) Ltd © 2025. All rights reserved.