If a supplier wishes to be approved by Baya Bar, who must request the approval?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
If you wish to purchase, lease or use any products that we have not previously approved, or purchase or lease from a supplier we have not previously approved, you must submit a written request for approval or you must request the supplier to do so. You must reimburse our reasonable costs related to our testing and inspection. We must approve any product or supplier in writing before you make any purchases of that product or from that supplier. We can require that our representatives be permitted to inspect the supplier's facilities and that samples from the supplier be delivered, either to us or to an independent laboratory, for testing. We have the right to re-inspect the facilities and products of any approved supplier and to revoke our approval if the supplier fails to continue to meet any of our then-current standards. Our supplier approval procedure does not obligate us to approve any particular supplier. We will notify you in writing within 30 days after receipt of your request for our approval whether the proposed product or supplier is, in fact, approved or disapproved. We are not required to make available to you or to any supplier our criteria for product or supplier approval. We are not obligated to approve any specific product or supplier if we believe that approval of that product or supplier is not in the best interests of the System. We may revoke our prior approval of any product or supplier at any time, and after your receipt of written notice from us regarding our revocation you must stop using that product or stop purchasing from that supplier.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 20–24)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, if a franchisee wishes to purchase products from a supplier not already approved by Baya Bar, either the franchisee or the supplier can submit a written request for approval. The franchisee is responsible for reimbursing Baya Bar's reasonable costs for testing and inspection of the new product or supplier. Baya Bar emphasizes that written approval is mandatory before any purchases can be made from the unapproved supplier.
Baya Bar retains the right to inspect the supplier's facilities and request samples for testing, either internally or through an independent laboratory. This rigorous process underscores Baya Bar's commitment to maintaining quality and consistency across all franchise locations. However, the approval procedure does not obligate Baya Bar to approve any specific supplier, highlighting the brand's discretion in safeguarding its system's best interests.
Baya Bar commits to notifying the franchisee in writing within 30 days of receiving the approval request, indicating whether the proposed product or supplier has been approved or disapproved. However, Baya Bar is not required to disclose its specific criteria for product or supplier approval, retaining control over its standards. Furthermore, Baya Bar reserves the right to revoke prior approval of any product or supplier, requiring the franchisee to cease using the product or purchasing from the supplier upon written notice. This ensures Baya Bar can quickly address any issues with supplier performance or product quality, protecting the brand's reputation and customer experience.