What is the Beverly Anns Cookie borrower certifying to the lender regarding the equipment?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
DELIVERY, ACCEPTANCE OF EQUIPMENT AND COMMENCEMENT OF THE LOAN.
Borrower hereby certifies to Lender that the Equipment has been duly ordered, an invoice for the Equipment has been issued and the Equipment will be delivered to the location where it will be used.
Borrower acknowledges that signature of this document confirms that Equipment will be properly installed and in good working order and constitutes an unconditional acceptance of the Equipment upon delivery and hereby authorizes the commencement of the Loan ("Commencement Date").
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to Beverly Anns Cookie's 2025 Franchise Disclosure Document, the borrower is certifying several key points to the lender regarding the equipment being financed. Specifically, the borrower certifies that the equipment has been duly ordered, an invoice for the equipment has been issued, and the equipment will be delivered to the location where it will be used. This certification is a prerequisite for the loan to proceed.
Furthermore, by signing the loan document, the borrower acknowledges that the equipment will be properly installed and in good working order. This acknowledgement serves as an unconditional acceptance of the equipment upon delivery. This acceptance is crucial because it simultaneously authorizes the commencement of the loan, meaning the borrower becomes obligated to the loan terms as soon as the equipment is delivered and deemed acceptable.
This clause has significant implications for a prospective Beverly Anns Cookie franchisee. It places the onus on the franchisee to ensure the equipment is satisfactory upon arrival. Any issues regarding the equipment's condition or installation must be addressed immediately upon delivery, as the signature on the loan document signifies full acceptance and triggers the loan repayment schedule. The franchisee should conduct a thorough inspection of the equipment upon arrival to avoid being held liable for equipment that is not in proper working order.