What delivery services are acceptable for sending notices under the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
27.8 Notices.
- (a) Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier,.
- (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 27.8(a); if sent by pre-paid first class post or other next working day delivery service, at 9:00 a.m. Pacific Time on the first Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or e-mail, one Business Day after transmission.
- (c) This clause shall not apply to the service of any proceedings or other documents in any legal action, arbitration or other method of dispute resolution.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, any formal written communication required under the franchise agreement must be delivered in a specific manner to be considered valid. Notices can be delivered personally to the recipient's registered office or another address they've specified in writing. Alternatively, notices can be sent via prepaid first-class post, a next-day delivery service, or a commercial courier.
If delivered personally, the notice is considered received when it is left at the designated address. If sent by prepaid first-class post or another next-day delivery service, it is considered received at 9:00 a.m. Pacific Time on the first business day after posting. If a commercial courier is used, the notice is deemed received on the date and time the courier's delivery receipt is signed. Notices sent by fax or email are considered received one business day after transmission.
It is important to note that these methods do not apply to legal proceedings or documents related to legal actions, arbitrations, or other dispute resolution methods. This clause ensures that all formal communications related to the Bevaris Alliance franchise agreement are properly documented and acknowledged, reducing potential disputes over notification.