What happens if the courier's delivery receipt is not signed when delivering a notice for Bevaris Alliance?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to Bevaris Alliance's 2024 Franchise Disclosure Document, the method of delivery affects when a notice is considered to have been received. Specifically, if a notice is delivered by commercial courier, it is deemed to have been received on the date and at the time that the courier's delivery receipt is signed.
This implies that if the courier's delivery receipt is not signed, the notice may not be considered as officially received by the recipient. This could potentially lead to delays in the enforcement of the agreement or misunderstandings regarding deadlines and obligations. For instance, if Bevaris Alliance is sending a notice of default to a franchisee, the clock for curing the default might not start ticking until the receipt is signed.
For a prospective Bevaris Alliance franchisee, this highlights the importance of ensuring that all notices sent or received via courier have a signed delivery receipt. This could involve confirming with the courier that a signature was obtained or following up with the other party to ensure they acknowledge receipt of the notice. It would be prudent to clarify with Bevaris Alliance what alternative proof of delivery they might accept in the event a signature cannot be obtained.