1st Catering Co.™ / 1st Hotdog Co.™
MASTER CATERING TERMS & CONDITIONS

Version 1.1 — September 2026

These Terms and Conditions apply to catering enquiries, quotations, orders, deliveries, collections and staffed events supplied under the 1st Catering Co.™ and 1st Hotdog Co.™ brands.

They are intended to provide clear commercial rules for both the Client and the Company while preserving all rights and obligations that cannot lawfully be excluded under South African law.

IMPORTANT — PLEASE READ CAREFULLY

Certain provisions in these Terms affect your legal rights and responsibilities.
In particular, please read the provisions dealing with:

Cancellations and Postponements Reasonable cancellation charges may apply depending on notice given, costs already committed and the reasonable potential to secure alternative work.

Food Safety After Delivery or Collection Responsibility for appropriate storage, temperature control, reheating and subsequent
handling passes to the Client after handover where the Company is no longer responsible for on-site service.

Allergens and Serious Allergies The Company’s kitchen handles common allergens and is not represented as an allergen-free environment.

Liability and Client-Controlled Risks Certain risks are allocated between the parties, but nothing in these Terms excludes liability that cannot lawfully be excluded.

Complaints and Investigation Problems should be reported as soon as reasonably possible so that they can be properly inspected and, where possible, corrected.

The Client will be given a reasonable opportunity to read these Terms before accepting a quotation, confirming an order or making the required payment.

These highlighted provisions are included to help draw important risk-related terms to the Client’s attention in accordance with the Consumer Protection Act.

1. DEFINITIONS
For purposes of these Terms:

“Company” means the legal person or entity trading under the 1st Catering Co.™ and/or 1st Hotdog Co.™ brands.
“Client” means the person, company, organisation or other party requesting or purchasing food or catering services from the Company.
“Order” means an accepted order for food, platters, delivered meals or related services.
“Booking” means a confirmed reservation for catering services on a particular date or during an agreed period.
“Quotation” or “Quote” means the Company’s written commercial proposal.
“Event” includes a corporate function, staff function, activation, promotion, fun day, sports event, production, private group function or other staffed catering occasion.
“Delivered Catering” means food supplied for delivery or collection where the Company does not remain responsible for ongoing on-site food service after handover.
“Staffed Event Catering” means catering where Company staff remain at the venue to prepare, serve or manage the agreed food service.
“Working Day” means Monday to Friday excluding South African public holidays, unless expressly stated otherwise.
“Confirmed” means formally accepted by the Company in writing after the applicable booking requirements, including any required payment, have been satisfied.
“Writing” or “Written” includes email, an accepted electronic quotation, approved electronic communication, electronic signature or another written electronic record that can reasonably be retained and reproduced.

2. SCOPE OF THESE TERMS
These Terms apply to:
● website enquiries;
● Cognito Forms submissions;
● quotation requests;
● platter orders;
● delivered meals;
● corporate and team catering;
● crew catering;
● drop-off catering;
● staffed events;
● collections;
● deliveries;
● and other catering supplied by the Company.

A specific quotation, accepted order or written agreement may contain additional commercial terms applying to that transaction.
If a specific accepted quotation expressly differs from these general Terms on a particular commercial detail, the specific written term will prevail for that detail only.

3. WEBSITE VISITS AND ENQUIRIES ARE NOT BOOKINGS
Merely:

• browsing the website;
• completing a Cognito form;
• sending an email;
• sending a WhatsApp message;
• making a telephone enquiry;
• requesting availability;
• requesting short-notice approval; or requesting a quotation does not reserve a date, create a confirmed booking or oblige the Company to accept the proposed work.

The Company may decline an enquiry where reasonably necessary because of:
● kitchen capacity;
● available stock;
● supplier availability;
● procurement requirements;
● staffing;
● delivery capacity;
● event logistics;
● venue conditions;
● safety;
● location;
● timing;
● commercial viability; or
● other reasonable operational considerations.

4. QUOTATIONS
Unless otherwise stated, a quotation is valid for 7 calendar days from issue.
Issuing a quotation does not by itself reserve the requested date.
Availability may change until the booking is formally confirmed.
A quotation is based on the information available at the time, including where relevant:

• required date;
• venue;
• suburb/location;
• guest count;
• meal or portion quantity;
• menu;
• delivery or collection requirements;
• service format;
• service times;
• staffing;
• equipment;
• venue access;
• power;
• water;
• and other agreed requirements.

If that information materially changes, the Company may revise or withdraw the quotation.

5. ACCEPTANCE OF A QUOTATION
A quotation may be accepted through an approved written method, including:

• signed quotation;
• email acceptance;
• electronic acceptance;
• accepted revised quotation;
• or another written method approved by the Company.

Acceptance by the Client does not alone guarantee that the booking is confirmed if any required payment or other stated booking condition remains outstanding.

6. WHEN AN ORDER OR BOOKING BECOMES CONFIRMED

An order or booking is only confirmed once:
1. the Company has accepted the order or booking in writing;
2. the required payment has been received and verified; and
3. any other stated booking requirements have been satisfied.

Payment alone does not create a confirmed booking unless the Company has also confirmed acceptance.

The Client must not assume that a date has been reserved merely because:

• a quote was issued;
•  an invoice was issued;
• proof of payment was sent; or
• an enquiry was submitted.

7. PAYMENT TERMS
For standard platters, delivered meals and ordinary preorder food orders, the Company may require 100% payment before confirmation.
For staffed events or larger quote-based catering, the applicable quotation may require:

• a deposit;
• staged payments;
• a final balance;
• or full payment.

The applicable payment requirements and deadlines will be stated on the quotation or invoice. EFT details will ordinarily appear on the Company’s invoice as the primary payment method.

Where available, the Company may also provide PayFast, Ozow or another approved electronic payment link manually. Proof of payment is not necessarily proof that cleared funds have been received.

8. FAILURE TO PAY ON TIME
Where a required payment is not received and verified by the stated deadline, the Company may:

• release the date;
• stop procurement;
• stop preparation;
• withdraw the quotation;
• suspend work;
• cancel a provisional booking;
• or require a revised quotation if the Client later wishes to proceed.

Reasonable costs already incurred at the Client’s request may remain payable, subject to applicable law.

9. SHORT-NOTICE REQUESTS
Orders submitted within the Company’s normal lead time are treated as short-notice requests.
Short-notice availability depends on:

● kitchen capacity;
● stock;
● supplier availability;
● procurement;
● staffing;
● delivery capacity;
● event capacity;
● and menu feasibility.

A short-notice request may be submitted for review, but submission does not mean approval.

Even where short notice is approved, the order is not confirmed until the Company accepts it in writing and the required payment has been received and verified.
Short-notice orders may require:
● reduced menu choice;
● different packaging;
● agreed substitutions;
● or other reasonable operational adjustments.

10. FINAL GUEST COUNTS AND MEAL QUANTITIES
The Client is responsible for providing accurate:
● guest numbers;
● meal quantities;
● platter quantities;
● dietary quantities; and
● portion requirements.

For larger orders or staffed events, the Company may specify a final confirmation cutoff.

Once the confirmed quantity becomes operationally committed through procurement, staffing or production:
● reductions do not automatically reduce the amount payable;
● increases remain subject to availability;
● additional quantities may require additional payment.

If fewer guests ultimately attend than the quantity confirmed, the Client remains responsible for the confirmed quantity.

11. CHANGES AFTER CONFIRMATION
Material changes to a confirmed order or booking must be requested in writing.
These may include:
● date;
● venue;
● address;
● guest count;
● meal quantity;
● menu;
● service style;
● delivery time;
● event service time;
● staffing;
● equipment;
● access requirements;
● or duration.

Requested changes are subject to:
● availability;
● capacity;
● procurement;
● staffing;
● operational feasibility;
● and revised pricing where applicable.
The Company is not obliged to accept a requested change.

12. CLIENT CANCELLATION RIGHTS
Where applicable, a Client may cancel an advance booking or order subject to the Consumer Protection Act and these Terms.
The Company may impose a reasonable cancellation charge where lawful.
In determining what is reasonable, the Company will consider relevant factors including:
● the nature of the goods or services;
● the length of notice provided;
● food, ingredients or supplies already purchased;
● specially procured items;
● preparation or production already performed;
● supplier commitments;
● staff or equipment reserved;
● transport or venue-related costs;
● the reasonable potential for the Company, acting diligently, to secure an alternative booking or order for the affected capacity;
● and relevant industry practice.
These considerations reflect the reasonableness framework in section 17 of the CPA.
Where reasonably requested, the Company will provide a reasonable explanation of the basis on which the cancellation charge was determined.

13. CANCELLATION DUE TO DEATH OR HOSPITALISATION
Where the Consumer Protection Act applies, the Company will not impose a cancellation fee in circumstances where section 17(5) prohibits such a fee because the booking cannot be honoured due to the death or hospitalisation of the person for whom, or for whose benefit, the booking was made.
Nothing in these Terms limits any statutory right applying in those circumstances.

14. CANCELLATION OF STANDARD FOOD ORDERS
Platters, delivered meals and similar food orders may involve perishable ingredients and procurement specifically against confirmed demand.
Where cancellation takes place before procurement or preparation has materially begun, any refund or credit will take into account reasonable costs already committed.

Where:
● ingredients have been bought;
● special items have been ordered;
● preparation has begun;
● packaging has been prepared;
● or food has already been produced,

the reasonable cancellation charge may be substantial because those costs may not be recoverable.
A very late cancellation may therefore result in little or no refund where that fairly reflects the Company’s actual committed costs and the applicable statutory considerations.

15. CANCELLATION OF STAFFED EVENTS
Staffed events may require the Company to reserve:
● personnel;
● equipment;
● vehicles;
● preparation capacity;
● procurement capacity;
● and event-date capacity.

The closer the cancellation occurs to the event, the greater the Company’s reasonable committed costs may be.
Where a quotation contains a specific cancellation schedule, that schedule forms part of the agreement, but it remains subject to applicable consumer law and the requirement that cancellation charges be reasonable.

16. POSTPONEMENTS
Requests to postpone must be made in writing.
Any postponement is subject to:
● availability of the new date;
● supplier availability;
● staffing;
● equipment;
● procurement;
● menu availability;
● and revised pricing.
Costs already reasonably incurred may remain payable.
If the Company cannot accommodate the requested new date, the request may need to be treated as a cancellation.

17. DELIVERY AREA
Delivery is subject to:
● service area;
● order value;
● distance;
● timing;
● route feasibility;
● and available delivery capacity.
The Company does not represent that every order can be delivered to every part of Gauteng.
Delivery outside normal service areas may require a separate quotation or minimum order value.

18. DELIVERY FEES
Delivery fees may take into account:
● suburb;
● distance;
● tolls;
● parking;
● route complexity;
● access;
● time;
● delivery window;
● and order size.

Any additional delivery cost not included in the original quote should be agreed where reasonably possible before being incurred.

19. DELIVERY TIMES AND WINDOWS
Deliveries are planned around an agreed delivery or fulfilment window.
Where a strict deadline is essential, the Client must disclose this requirement before confirmation.
The Company will plan reasonably around the agreed timing but does not create an absolute guarantee against circumstances outside its reasonable control.

The Client must provide accurate:
● address;
● contact details;
● access instructions;
● security information;
● floor/building information;
● loading instructions;
● and on-site contact details.

20. CLIENT-CAUSED DELIVERY DELAYS
The Company is not responsible for delay caused by matters outside its reasonable control, including:

● incorrect address information;
● unavailable recipients;
● extended security procedures;
● inaccessible premises;
● unavailable loading areas;
● venue access restrictions;
● last-minute Client changes;
● major road closures;
● or similar external circumstances.
Reasonable extra costs caused by such delays may be charged where appropriate.

21. DELIVERY HANDOVER AND QUANTITY CHECK
At delivery or collection, the Client or authorised recipient should inspect the order as far as reasonably practical.
This includes confirming the number of:
● meal units;
● boxes;
● platters;
● trays;
● containers;
● and other separately counted items.
Any obvious shortage, incorrect item or visible damage should be reported immediately where reasonably possible.
A signed or electronically acknowledged delivery/collection record is evidence that the quantities recorded were handed over and that no obvious shortage recorded on that document was disputed at the time.
This does not remove any right relating to a defect that could not reasonably have been identified at handover.

22. MISSING OR INCORRECT ITEMS
Where a genuine shortage or incorrect item is established:
1. the Client should notify the Company promptly;
2. the Company will investigate; and
3. where reasonably practical, the Company may first attempt to correct the order.

Where correction is not practical, an appropriate remedy may include:
● replacement;
● partial refund;
● credit;
● or another reasonable remedy
for the part of the order actually affected.
A shortage affecting only part of an otherwise compliant order does not automatically entitle the Client to a refund of the entire order.

23. COLLECTION
Where food is collected, the Client is responsible for:
● arriving within the agreed collection window;
● suitable transport;
● protecting food from contamination;
● maintaining suitable temperatures;
● and following supplied handling instructions.

Delayed collection may affect food temperature, quality and safety.
Responsibility for transport and subsequent handling passes to the Client once the food has been handed over and accepted.

24. FOOD SAFETY WHILE UNDER COMPANY CONTROL
The Company is responsible for using reasonable and legally required food-safety practices while food remains under its control.
Nothing in these Terms excludes or limits any liability the Company may have under section 61 of the Consumer Protection Act or any other liability that may not lawfully be excluded.

25. FOOD SAFETY AFTER HANDOVER
Once delivered or collected food has been handed over and accepted, and where the Company is no longer responsible for on-site food service, the Client becomes responsible for subsequent:

● storage;
● temperature control;
● contamination prevention;
● reheating;
● holding time;
● timely consumption;
● and handling.

The Client should follow any instructions supplied by the Company.
The Company cannot reasonably accept responsibility for deterioration or contamination caused after handover through:

● unsafe holding temperatures;
● prolonged unrefrigerated storage;
● unsuitable refrigeration;
● delayed serving;
● incorrect reheating;
● freezing or thawing;
● Client transport;
● contamination by third parties;
● or other handling outside the Company’s control.

This clause does not exclude liability for food that was already unsafe or defective when supplied.

26. DELIVERY / COLLECTION ACKNOWLEDGEMENT
Where the Company uses a delivery note, collection note or electronic handover record, it may contain an acknowledgement substantially similar to:
I confirm receipt of the order and quantities recorded above. I understand that, after handover, the Client is responsible for appropriate storage, holding temperature, reheating, contamination prevention and safe handling, except where 1st Catering Co.™ / 1st Hotdog Co.™ remains responsible for staffed on-site service.

27. HOUSE RECIPES, FLAVOUR AND PERSONAL PREFERENCE
The Company’s food is prepared according to its own house recipes, preparation methods and service standards.
These recipes have been developed and refined through years of catering experience and guest feedback, with particular attention to:

● flavour;
● consistency;
● ingredient quality;
● presentation;
● and customer satisfaction.

Many familiar dishes may legitimately be prepared in many different ways.
Examples include:

● breyani;
● curries;
● stews;
● sauces;
● pregos;
● shawarma-style dishes;
● rice dishes;
● spice blends;
● and other traditional or regional foods.

The Company’s version may therefore differ from:
● a Client’s family recipe;
● another caterer’s recipe;
● regional or cultural variations;
● a particular preferred spice level;
● a preferred sauce consistency;
● preferred texture;
● or another personal expectation.

A difference in individual taste, personal preference or recipe style does not, by itself, mean that the food is defective or improperly prepared.
The Company nevertheless takes genuine concerns about flavour, quality and preparation seriously.

Nothing in this clause applies where food is:
● unsafe;
● materially defective;
● materially inconsistent with its description;
● or otherwise fails applicable legal standards.

28. MENU DESCRIPTIONS AND IMAGES
Website and marketing images are representative examples.
Actual food may vary naturally in:

● presentation;
● shape;
● garnish;
● colour;
● packaging;
● seasonal produce;
● and minor styling details.

The Company will aim to ensure that the actual food remains materially consistent with the applicable description.

29. INGREDIENT AVAILABILITY AND SUBSTITUTIONS
Ingredient availability may occasionally be affected by:

● supplier shortages;
● seasonal availability;
● quality issues;
● discontinued lines;
● or unexpected procurement problems.

Where a material ingredient or menu item becomes unavailable, the Company may propose a suitable alternative.
Where reasonably practical, a material substitution will be discussed with the Client before supply.
The Company will not deliberately substitute a materially inferior item merely for convenience.

30. PORTION AND SERVING GUIDANCE
Where a platter or sharing product is described as being suitable for an approximate number of people, that indication is a guide and not an absolute guarantee.
Actual requirements depend on factors such as:
● appetite;
● guest profile;
● whether other food is being served;
● meal occasion;
● and type of event.
The Client should order according to the nature of the occasion and overall food offering.

31. DIETARY REQUIREMENTS
Dietary requirements must be disclosed before confirmation and within the required lead time.
The Company will determine whether the requirement can reasonably be accommodated.
Dietary adjustments may be subject to:
● minimum quantities;
● additional preparation;
● ingredient availability;
● operational limitations;
● and additional cost.
Submission of a dietary request does not automatically mean the requirement has been accepted.

32. ALLERGENS AND SERIOUS ALLERGIES

The Company’s kitchen handles common allergens, which may include, without limitation:
● wheat/gluten;
● dairy;
● eggs;
● sesame;
● nuts;
● soy;
● shellfish;
● fish;
● and other allergens.

The Company does not operate or represent itself as operating an allergen-free kitchen.
Complete absence of accidental cross-contact cannot be guaranteed.
Clients with serious or potentially life-threatening allergies must disclose the requirement in writing before confirmation.
The Company will assess each request individually and may decline the request where safe accommodation cannot reasonably be assured.
The Company cannot accept responsibility for an allergy that the Client failed to disclose, subject always to applicable law.
Nothing in this clause excludes or limits any liability the Company may have under section 61 of the Consumer Protection Act or any other liability that cannot legally be excluded.

33. HALAAL, KOSHER AND OTHER FORMAL STANDARDS
The Company will not represent food as:
● Halaal-certified;
● Kosher-certified;
● allergen-free;
● gluten-free from a controlled gluten-free kitchen;
● or otherwise formally certified

unless that representation is specifically valid and confirmed in writing.
Clients requiring formal certification must disclose that requirement before accepting a quotation.

34. COMPLAINTS — GENERAL PRINCIPLE
The Company wants genuine concerns to be dealt with fairly and promptly.
If the Client believes there is a problem relating to:
● food quality;
● quantity;
● temperature;
● presentation;
● delivery;
● service;
● or conformity with the agreed order,
the Client should notify the Company as soon as reasonably possible after becoming aware of the issue.
Prompt reporting gives the Company the best opportunity to:
● inspect;
● verify;
● correct;
● replace;
● safely rectify;
● or otherwise resolve the matter.

35. COMPLAINTS DURING STAFFED EVENTS
For staffed events, an apparent issue should, where reasonably possible, be brought to the attention of the Company’s responsible representative during the event.
This gives the Company a fair opportunity to inspect the food or service and correct a genuine issue while correction remains possible.

36. COMPLAINTS ABOUT DELIVERED OR COLLECTED FOOD
Issues apparent on receipt should be reported as soon as reasonably possible.
Where practical, the Client should:

● retain the affected food;
● photograph the issue;
● preserve relevant packaging;
● provide the order/reference number;
● and explain the concern accurately.

For a serious quality or safety complaint, the Company may request that a representative sample of the affected food be retained under appropriate storage conditions where reasonably possible.

37. DELAYED COMPLAINTS
A complaint will not automatically be rejected merely because it is made later.
However, the Company may reasonably consider whether delay has materially prevented a proper investigation.
This is particularly relevant where the food has since been:
● consumed;
● discarded;
● transported;
● reheated;
● refrigerated;
● frozen;
● thawed;
● held for an extended period;
● mixed with other food;
● or handled outside the Company’s control.

The longer the delay and the less evidence remaining, the more difficult it may be for either party to establish what actually occurred.

38. FOODBORNE ILLNESS ALLEGATIONS
Allegations of foodborne illness will be taken seriously.
To investigate responsibly, the Company may request information including:
● order details;
● items consumed;
● number of persons affected;
● symptoms;
● timing of symptoms;
● food-storage conditions;
● other foods consumed;
● remaining food samples;
● and relevant medical or public-health information where available.

Investigation does not constitute an admission of liability.
The Company will not dismiss a genuine allegation merely because causation has not yet been established.

39. REMEDIES, CREDITS AND REFUNDS
Where a complaint is substantiated, an appropriate remedy will be considered having regard to:

● the nature of the problem;
● the proportion of the order affected;
● whether the problem could reasonably be corrected;
● the value of the affected goods or services;
● and the Client’s statutory rights.
A remedy may include:
● correction;
● replacement;
● partial refund;
● credit;
● full refund where justified;
● or another lawful and reasonable remedy.
A refund is not automatically the appropriate remedy for every complaint.
Nothing in this clause removes statutory remedies that the Client may have under applicable consumer legislation.

40. STAFFED EVENT VENUE RESPONSIBILITIES
For staffed catering, the Client must ensure that the venue:
● permits the agreed catering activity;
● is accessible at the agreed time;
● provides sufficient safe operating space;
● permits equipment loading and unloading;
● and complies with venue requirements disclosed to the Company.
The Client must disclose material venue rules and restrictions before confirmation.

41. ACCESS, LOADING AND PARKING
The Client must disclose relevant access difficulties, including:
● security checkpoints;
● restricted loading times;
● stairs;
● long carrying distances;
● loading-bay requirements;
● access permits;
● parking restrictions;
● boom gates;
● induction procedures;
● or venue-specific supplier rules.

Reasonable additional costs resulting from previously undisclosed access difficulties may be charged.

42. POWER
Where electrical power is required for the agreed service, the Client must accurately disclose whether suitable electrical supply is available reasonably close to the proposed catering position.
A general statement that electricity exists somewhere at the venue is not sufficient where that point is unsuitable or inaccessible.
Responsibility for backup power should be agreed in advance where required.

43. WATER
Where potable water is operationally required, the Client must disclose whether suitable water is available reasonably close to the catering position.
Where water must be specially supplied or transported, an additional charge may apply.

44. WEATHER AND OUTDOOR EVENTS
For outdoor events, suitable shelter or weather protection must be available unless the Company has expressly agreed to provide it.
The Company may reasonably:
● adjust;
● relocate;
● delay;
● suspend;
● or discontinue

 

an unsafe outdoor operation where required by conditions including:
● lightning;
● severe wind;
● heavy rain;
● flooding;
● extreme heat;
● unsafe ground;
● or another genuine safety risk.
Safety takes priority over service continuity.

45. EVENT PROGRAMME DELAYS
A staffed-event quotation is based on the agreed setup and service period.
Where food service is delayed by:
● speeches;
● programme overruns;
● late guests;
● venue delays;
● Client instructions;
● or other Client-controlled circumstances,

additional staff/equipment time may become chargeable.
The Company cannot guarantee that food prepared for a particular service time will retain identical quality if required to be held substantially beyond that agreed service period.

46. OVERTIME
Where Company staff or equipment are required beyond the agreed service period, reasonable additional charges may apply.
These may include:
● staffing;
● equipment;
● vehicle time;
● travel;
● venue costs;
● and related operating expenses.

47. COMPANY EQUIPMENT
Equipment supplied by the Company remains the Company’s property unless expressly sold to the Client.
The Client may be responsible for loss, theft or damage caused by:
● the Client;
● guests;
● venue personnel;
● Client-appointed suppliers;
● or others under the Client’s control,
excluding:
● fair wear and tear;
● and loss attributable to the Company’s own negligence.

48. THIRD-PARTY FOOD AND DRINK
The Company is not responsible for the quality or safety of food or beverages supplied by:
● the Client;
● another caterer;
● the venue;
● guests;
● or another supplier.

The Company may reasonably decline to:
● store;
● reheat;
● serve;
● mix;
● or otherwise handle
third-party food where doing so would create an operational or food-safety risk.

49. LEFTOVER FOOD
Where safe and practical, leftover food may be released to the Client on request.
The Company may refuse to release food where it reasonably considers continued consumption unsafe.

Once leftover food is released, the Client becomes responsible for:
● transport;
● storage;
● temperature control;
● reheating;
● and later consumption.

50. CLIENT-SUPPLIED INFORMATION
The Client is responsible for ensuring that information supplied to the Company is accurate.

This includes:
● date;
● time;
● venue;
● address;
● guest count;
● meal quantity;
● dietary information;
● allergies;
● access requirements;
● contact details;
● and event details.
The Company is not responsible for consequences caused by inaccurate Client information except to the extent that the Company itself contributed to the problem.

51. ADDITIONAL GOODS, SERVICES AND EXPENSES
Items or services not included in the original quotation may be charged separately where requested or reasonably required because of an agreed change.
Examples may include:
● additional food;
● additional staffing;
● extra service time;
● additional equipment;
● additional mileage;
● tolls;
● parking;
● extra transport;
● special procurement;
● or additional venue costs.
The Company is not obliged to accept subsequent additional requests.

52. FORCE MAJEURE AND CIRCUMSTANCES OUTSIDE REASONABLE CONTROL
Neither party will be treated as deliberately breaching the agreement where performance is prevented by circumstances genuinely outside that party’s reasonable control.
Depending on the circumstances, these may include:
● fire;
● flood;
● severe weather;
● civil unrest;
● government restrictions;
● extraordinary road closures;
● major unforeseen utility failures;
● major transport disruption;
● or sudden critical incapacity where reasonable alternatives are unavailable.

The affected party should notify the other as soon as reasonably practical.
Where feasible, the parties may consider:
● alternative performance;
● adjusted service;
● postponement;
● or another reasonable solution.

Any cancellation, refund or credit will remain subject to applicable law and reasonable costs already committed.

53. LIMITATION OF LIABILITY
Nothing in these Terms is intended to exclude or limit liability that may not lawfully be excluded or limited under South African law.
In particular, nothing in these Terms excludes liability where the Consumer Protection Act or other applicable law prohibits such exclusion.
To the extent permitted by law, the Company will not be responsible for indirect, remote or consequential losses that are not a reasonably foreseeable result of its breach.

The Company remains responsible for direct loss caused by its breach or negligence to the extent required by applicable law.
Nothing in these Terms excludes or limits liability for loss caused by the Company’s gross negligence where such exclusion is prohibited by law.

54. CLIENT-CONTROLLED RISKS
To the extent permitted by law, the Client remains responsible for loss, damage or claims caused by:
● unsafe Client-controlled venue conditions;
● Client-supplied food;
● storage after handover;
● Client transport;
● undisclosed access restrictions;
● Client-controlled equipment;
● instructions contrary to reasonable food-safety advice;
● or acts of the Client’s guests, suppliers or venue personnel,
except to the extent that the Company’s own breach or fault caused or contributed to the loss.

55. PRIVACY AND PERSONAL INFORMATION
The Company processes personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA).

The Company may process information supplied by the Client, including:
● name;
● organisation;
● email address;
● telephone number;
● delivery/event address;
● event details;
● dietary requirements;
● allergy information;
● order information;
● and related transaction information.

Information may be processed where reasonably necessary for:
● responding to enquiries;
● preparing quotations;
● concluding and administering orders;
● arranging delivery;
● administering staffed events;
● customer service;
● accounting;
● fraud prevention;
● legal obligations;
● and other lawful business purposes.

Marketing or promotional processing will be handled separately where separate consent or another lawful basis is required.

Further information about:
● purposes of processing;
● sharing with service providers;
● security;
● retention;
● access;
● correction;
● objection;
● deletion where legally applicable;
● and complaints
is set out in the Company’s separate Privacy Policy.
POPIA establishes conditions for lawful processing including accountability, processing limitation, purpose specification, openness, security safeguards and data-subject participation.

56. ELECTRONIC COMMUNICATIONS
The parties agree that communications relating to the transaction may take place electronically.
This may include:
● email;
● Cognito Forms;
● electronic quotations;
● electronic signatures;
● approved messaging channels;
● website systems;
● or other retained electronic records.

57. ELECTRONIC ACCEPTANCE
Where the Client accepts Terms or a quotation electronically, that acceptance may constitute valid evidence of agreement subject to applicable law.
The Company may record:
● date of acceptance;
● identity/contact information;
● quotation/order reference;
● and the applicable Terms version.

58. TERMS VERSION CONTROL
The version of these Terms applicable to a transaction will ordinarily be the version:
● supplied;
● linked;
● incorporated;
● or accepted
at the time the relevant order or booking was concluded.
A later update to the website Terms does not automatically amend a previously confirmed agreement.
For record purposes, quotations, Cognito acceptance records or confirmations may identify the applicable version, for example:
Master Catering Terms & Conditions Version 1.1 — September 2026

59. ECTA SUPPLIER DISCLOSURES
Where an electronic transaction falls within the Electronic Communications and Transactions Act 25 of 2002, the Company will make the supplier and transaction information required by applicable law available before conclusion of the transaction.
This includes, where applicable:
● full legal name;
● legal status;
● registration number;
● physical address;
● contact details;
● email address;
● website address;
● applicable price and taxes;
● payment arrangements;
● delivery/service information;
● cancellation/refund information;
● Privacy Policy;
● and these Terms.

ECTA section 43 imposes supplier-disclosure obligations for qualifying electronic transactions.
The website must contain the Company’s completed legal details before public launch.

60. DATE-SPECIFIC CATERING AND ECTA COOLING-OFF RIGHTS
Nothing in these Terms removes any statutory right that legally applies.
For qualifying electronic transactions, ECTA provides a general cooling-off regime but also excludes certain services, including catering where the supplier undertakes to provide the service on a specific date or within a specific period.
Accordingly, the general ECTA cooling-off right will not apply where the statutory exclusion for the relevant date-specific catering service applies.
This does not remove any cancellation right the Client may have under the Consumer Protection Act.

61. TAXES AND VAT
Prices are those stated in the applicable:
● quotation;
● invoice;
● or online order.

VAT will only be charged if and when the Company is legally registered and entitled or required to charge VAT.
Where applicable, the Company’s VAT registration number will appear on the relevant tax documentation.

62. INTELLECTUAL PROPERTY
The Company’s branding and proprietary content remain protected.
This includes, where applicable:
● 1st Catering Co.™;
● 1st Hotdog Co.™;
● logos;
● website copy;
● photographs;
● menu descriptions;
● marketing materials;
● original written material;
● and proprietary business content.

No right is granted to reproduce or commercially exploit this material without permission.

63. THIRD-PARTY SUPPLIERS AND VENUES
Where the Client appoints a third-party venue or supplier directly, the Company is not automatically responsible for that party’s independent acts or failures.
The Client should disclose venue or third-party requirements that could materially affect catering performance.

64. WAIVER
Failure by either party to enforce a provision on one occasion does not permanently waive that provision.
A material waiver should be recorded in writing.

65. VARIATIONS AND AGREED CHANGES
No material variation of the agreement will be effective unless recorded in writing and agreed by authorised representatives of the parties.
For this purpose, writing may include:
● email;
● an accepted revised quotation;
● written electronic message;
● electronic acceptance;
● or another retained electronic record.
This provision does not require a handwritten signature every time the parties validly agree to change an operational detail electronically.

66. ENTIRE AGREEMENT
The agreement between the Client and the Company consists of:
● the accepted quotation or order;
● the applicable invoice;
● accepted written changes;
● these Terms;
● and any specific schedules expressly incorporated.
If a specific accepted quotation expressly conflicts with these Terms regarding a particular commercial detail, the specific written quotation will prevail for that detail.

67. SEVERABILITY
If a provision of these Terms is found to be unlawful or unenforceable, it will be severed or limited only to the extent necessary.
The remaining Terms will continue in effect.

68. PLAIN-LANGUAGE INTERPRETATION
These Terms are intended to be read in their ordinary commercial meaning.
Where a legal expression is used, it should be interpreted consistently with applicable South African law rather than in a manner that unfairly deprives a Client of a statutory right.

69. GOVERNING LAW AND JURISDICTION
These Terms and any agreement incorporating them are governed by the laws of the Republic of South Africa.
Where legally competent, the parties consent to the non-exclusive jurisdiction of the courts having jurisdiction in Gauteng in relation to disputes arising from the agreement.
Nothing in this clause prevents a consumer from exercising a lawful right to approach:
● the Consumer Goods and Services Ombud;
● the National Consumer Commission;
● another competent consumer-protection body;
● or another competent court or statutory authority.

70. COMPANY DETAILS AND NOTICES
The following details must be completed before website launch:
Trading Brands: 1st Catering Co.™ / 1st Hotdog Co.™
Email: catering@1sthotdogco.co.za
Website: 1sthotdogco.co.za
The current legal and contact information should also appear on the website in accordance with applicable electronic-commerce disclosure requirements.

71. ACCEPTANCE AND ACKNOWLEDGEMENT
By:
● accepting a quotation;
● confirming an accepted order electronically;
● making payment against an accepted quotation/order;
● or otherwise validly accepting a booking in writing,
the Client confirms that they have had a reasonable opportunity to read these Terms.

Where the transaction involves provisions requiring specific attention under applicable law, the Client may be required to provide a separate acknowledgement.

The preferred customer acknowledgement is:
I have read and accept the 1st Catering Co.™ / 1st Hotdog Co.™ Master Catering Terms & Conditions, including the highlighted provisions relating to cancellation, food safety after handover, allergens, complaints and liability.

No enquiry alone creates a confirmed booking.