Under the Bevaris Alliance agreement, what delivery methods are acceptable for notices?
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 FDD, the Bevaris Alliance franchise agreement specifies acceptable methods for delivering official notices. Any formal communication must be in writing and sent to the recipient's registered office address, or another address they've previously specified in writing.
Acceptable delivery methods include personal delivery, prepaid first-class post, next-day delivery service, or commercial courier. Notices can also be sent via fax or email.
The FDD outlines when a notice is considered 'received' based on the delivery method. For personal delivery, it's when the notice is left at the specified address. If sent by mail or next-day service, it's considered received at 9:00 a.m. Pacific Time on the first business day after posting. For commercial courier, it's the date and time the delivery receipt is signed. Notices sent by fax or email are deemed received one business day after transmission. These stipulations do not apply to legal proceedings.