factual

What is the Burros Fries franchisee's obligation regarding the maintenance of kitchen equipment?

Burros_Fries Franchise · 2024 FDD

Answer from 2024 FDD Document

Franchisee also agrees to purchase all kitchen equipment (as defined in Section 12.I) and technology items (such as a POS system, computers, and sound systems) and to operate, service, repair, maintain and clean all such items according to our standards as outlined in the Operations Manual. Franchisee must keep all kitchen equipment and technology items in clean and good working order at all times and purchase only approved parts to repair its kitchen equipment and technology items from our approved vendors and suppliers. All maintenance to the kitchen equipment and technology items that cannot be completed by Franchisee must be performed by our approved vendors. Unless otherwise agreed by us in writing, in no event shall Franchisee use any kitchen equipment that is more than ten (10) years old; and technology items that are more than seven (7) years old. Franchisee agrees to replace all kitchen equipment and technology items at Franchisee's expense as such items (i) become obsolete or inoperable; or (ii) if, in our sole discretion, replacement is necessary because of new functionality, change in software, change in methods of service or because of health or safety considerations. Franchisee has ninety (90) days after Franchisee receives written notice from us to either remove or replace such kitchen equipment and technology items. Failure of Franchisee to remove, replace and/or maintain its kitchen equipment and technology items as described above may result in termination as described in Section 23.C of this Agreement.

Source: Item 22 — CONTRACTS (FDD page 53)

What This Means (2024 FDD)

According to Burros Fries's 2024 Franchise Disclosure Document, franchisees must buy all kitchen equipment and technology items, such as POS systems, computers, and sound systems, and then operate, service, repair, maintain, and clean these items according to Burros Fries's standards as outlined in the Operations Manual. Franchisees must also keep all kitchen equipment and technology items in clean and good working order at all times and purchase only approved parts to repair its kitchen equipment and technology items from Burros Fries's approved vendors and suppliers.

All maintenance to the kitchen equipment and technology items that cannot be completed by the Burros Fries franchisee must be performed by Burros Fries's approved vendors. Unless Burros Fries agrees otherwise in writing, franchisees cannot use any kitchen equipment that is more than ten years old or technology items that are more than seven years old.

Franchisees must replace all kitchen equipment and technology items at their own expense if such items become obsolete or inoperable, or if Burros Fries determines that replacement is necessary due to new functionality, changes in software, changes in methods of service, or health and safety considerations. Franchisees have 90 days after receiving written notice from Burros Fries to either remove or replace such kitchen equipment and technology items. Failure to comply with these requirements may result in termination of the Franchise Agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.