Can Aunt Millies Bakeries exchange or replace the computer equipment provided to the distributor?
Aunt_Millies_Bakeries Franchise · 2025 FDDAnswer from 2025 FDD Document
USE AGREEMENT** ("Agreement") is made effective on _________, 20____, by and between PERFECTION BAKERIES, INC., d/b/a AUNT MILLIE'S, INC., a corporation with its principal office at 350 Pearl Street, Fort Wayne, Indiana 46802 (herein referred to as "AUNT MILLIE'S") and [DISTRIBUTOR'S NAME], residing at [DISTRIBUTOR'S ADDRESS], (herein referred to as "DISTRIBUTOR"). AUNT MILLIE'S and DISTRIBUTOR agree as follows**:**
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- COMPUTER EQUIPMENT: AUNT MILLIE'S, directly, or through its affiliates, agrees to provide to DISTRIBUTOR a Handheld computer and printer ("the Computer Equipment"). The Computer Equipment may be exchanged or replaced by AUNT MILLIE'S or its affiliates from time to time with similar or comparable equipment.
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- FEE: DISTRIBUTOR shall pay to AUNT MILLIE'S or its affiliates, the sum of $30.00, plus sales and use tax, per week for the use of the Computer Equipment. Such payment shall be charged to DISTRIBUTOR on a weekly basis. This fee is subject to change by AUNT MILLIE'S upon thirty (30) days' notice.
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- USE: DISTRIBUTOR shall use the Computer Equipment exclusively in the operation and service of its distribution of AUNT MILLIE's products.
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- MAINTENANCE: AUNT MILLIE'S or its affiliates shall bear the expense of maintaining the Computer Equipment in good operating condition.
Source: Item 23 — RECEIPT (FDD pages 44–196)
What This Means (2025 FDD)
According to Aunt Millies Bakeries' 2025 Franchise Disclosure Document, Aunt Millie's, either directly or through its affiliates, can exchange or replace the handheld computer and printer provided to the distributor. The document specifies that the computer equipment may be exchanged or replaced from time to time with similar or comparable equipment.
This means that as an Aunt Millies Bakeries distributor, you are not necessarily guaranteed to keep the same computer equipment throughout the duration of your agreement. Aunt Millie's retains the right to update or change the equipment you use for distribution. This could be beneficial if it means receiving newer, more efficient technology, but it also implies that you may need to adapt to new systems or equipment as required by Aunt Millie's.
It is important to note that Aunt Millie's bears the expense of maintaining the computer equipment in good operating condition. However, the distributor is responsible for exercising due and reasonable care in the use and possession of the equipment and must carry "all risk" insurance on the computer equipment in the minimum amount of $5,000, naming Aunt Millie's as an additional insured and/or loss payee. Upon termination of the agreement, the distributor is responsible for returning the computer equipment to Aunt Millie's in good condition, with reasonable wear and tear excepted.