How is the receipt of a notice delivered by commercial courier determined under the Bevaris Alliance agreement?
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.
- (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, a notice delivered by commercial courier is considered received on the date and at the time the courier's delivery receipt is signed. This stipulation is part of the broader section on how notices are handled under the franchise agreement.
This means that for any official communication sent via a courier service, the moment of legal receipt is definitively marked by the signature on the delivery receipt. This is important for time-sensitive matters, as it establishes a clear record of when the franchisee or franchisor was officially informed of something.
Other methods of delivery have different receipt times: personal delivery is when the notice is left at the specified address, prepaid first-class post or next-day delivery is 9:00 a.m. Pacific Time on the first business day after posting, and fax or email is one business day after transmission. This variety of methods ensures flexibility but also necessitates careful tracking to confirm receipt, especially when deadlines are involved. Bevaris Alliance also specifies that these notification rules do not apply to legal proceedings.