Is Burros Fries required to provide a reason for disapproving a vendor requested by a Burros Fries franchisee?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
All vendors and suppliers must be approved in writing by us and may be disapproved by us anytime thereafter.
If Franchisee desires to lease or purchase unapproved equipment, products, supplies or services from unapproved vendors, Franchisee shall submit to us a written request for such 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.
We shall have the right to require, as a condition of its approval and review, that its representatives are permitted to inspect the facilities of the proposed vendor and that the proposed item is delivered to us or our designee for testing.
The cost of such inspection and testing shall be paid by Franchisee, vendor or supplier and we shall not be liable for damage to or for the return of any sample and Franchisee may be responsible for the product, vendor and equipment assessmentfee as described in Section 10.H of this Agreement.
We reserve the right, at any time, to reinspect the facilities and to retest the product or kitchen equipment of any approved vendor and to revoke any approval if the vendor fails to continue to
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, Burros Fries is not required to provide a reason for disapproving a vendor requested by a franchisee. The FDD states that if a franchisee desires to lease or purchase unapproved equipment, products, supplies or services from unapproved vendors, the franchisee must submit a written request for approval. Burros Fries has the sole discretion to approve or deny a franchisee's request within 30 days of receipt of the written request. The approval or disapproval will be made via email or other written communication.
Burros Fries retains the right to require inspections of the proposed vendor's facilities and testing of the proposed item as a condition of approval. The franchisee, vendor, or supplier is responsible for covering the costs associated with these inspections and tests. Burros Fries is not liable for any damage to or the return of any sample, and the franchisee may be responsible for a product, vendor, and equipment assessment fee as described in Section 10.H of the agreement.
Burros Fries also reserves the right to reinspect facilities and retest products or kitchen equipment of any approved vendor at any time. They can revoke approval if the vendor fails to continue to meet their standards. This ongoing oversight ensures that all vendors meet Burros Fries' requirements, and the franchisee bears the costs associated with initial and ongoing compliance assessments.