Can Burros Fries specify how a franchisee must maintain kitchen equipment?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
quired local information, artwork and photos for the completion of the Franchisee's web page.
H. Operate in Strict Conformity to Requirements
Franchisee must adhere to our laundry service standards, sell Products, execute all Services and operate the Business in strict conformity with such standards, techniques, and operational procedures as we may from time to time prescribe in the Operations Manual, or otherwise in writing, and shall not deviate without our prior written consent. 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.
Franchisee is required to offer only approved Products and Services which we may, from time to time, prescribe, to offer only those Products and Services which meet our standards of quality and which we have approved in writing to be offered in connection with the Business.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to Burros Fries' 2024 Franchise Disclosure Document, franchisees must operate, service, repair, maintain, and clean all kitchen equipment and technology items according to the standards outlined in the Operations Manual. Franchisees 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 Burros Fries' approved vendors and suppliers. Any maintenance that cannot be completed by the franchisee must be performed by approved vendors.
Unless Burros Fries agrees otherwise in writing, franchisees cannot use kitchen equipment that is more than ten years old or technology items that are more than seven years old. Franchisees must replace kitchen equipment and technology items at their own expense if the 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 remove or replace such items.
Additionally, franchisees must maintain the business and every component of the kitchen equipment, furnishings, fixtures, and technology items in good order and repair at all times, as specified in the Operations Manual. Franchisees may be required to use only approved service centers for repairs and maintenance of all kitchen equipment. Failure to maintain or replace kitchen equipment and technology items as described may result in termination of the Franchise Agreement.