From whom must a Burros Fries franchisee purchase required technology items?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must purchase such items from us and/or our affiliates or approved vendors as specified in the Operations Manual and Section 12.T of this Agreement.
To insure the consistent high quality and uniformity of Products and Services provided by the Franchised Businesses, Franchisee must lease or purchase all products, supplies, kitchen equipment and services (as described above) for use in the operation of its Business, from us, our affiliates or approved vendors who demonstrate to our continuing satisfaction an ability to meet our standards and specifications.
We are not liable to Franchisee for any loss or damage, or deemed to be in breach of this Agreement, if we, our affiliates or approved vendors and/or suppliers cannot deliver, or cause to be delivered, Franchisee's order of products, supplies or kitchen equipment where such items are outof-stock or discontinued.
Franchisee is prohibited from purchasing or leasing products, supplies, kitchen equipment and services from unapproved vendors and/or suppliers who are not on our approved list without our written approval.
We shall approve or deny Franchisee's request, which approval is in our sole discretion, within thirty (30) days of receipt of Franchisee's written request.
Such approval or disapproval shall be made by email or any other form of written communication.
Failure of Franchisee to purchase such items from us, our affiliates or approved vendors and/or supplies and use such unapproved items in the operation of its Business may result in termination of this Agreement as specified in Section 23.C of this Agreement.
In approving any vendor or supplier we may consider factors such as: price, quality, composition, performance, accuracy of product claims, durability, safety, technical specifications, frequency of delivery, design, service maintenance programs, determination of quality control, value, customer service strength, prompt attention to complaints, litigation against the supplier, reputation of supplier, any product recalls instituted by the United States Consumer Product Safety Commission, the supplier's financial strength and capacity to supply franchisee's needs promptly, reliably, and cost effectively.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries's 2024 Franchise Disclosure Document, franchisees must purchase technology items such as computers, POS systems, and sound systems from Burros Fries, its affiliates, or approved vendors. These vendors must demonstrate the ability to meet Burros Fries's standards and specifications to ensure consistent high quality and uniformity across all franchised businesses.
Burros Fries may modify the list of approved products, supplies, kitchen equipment, vendors, and suppliers periodically, and franchisees are obligated to promptly implement these changes at their own expense. The franchisor may derive income through license fees, promotional fees, advertising allowances, rebates, or other monies paid by approved vendors or suppliers.
Failure to purchase required items from approved sources may result in termination of the Franchise Agreement. Burros Fries will consider factors such as price, quality, composition, performance, accuracy of product claims, durability, safety, technical specifications, frequency of delivery, design, service maintenance programs, quality control, value, customer service strength, attention to complaints, litigation against the supplier, reputation, product recalls, financial strength, and capacity when approving vendors or suppliers.