What is the required action for a Carls franchisee to obtain a list of approved suppliers?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
the sales level reached during the initial period.
- (13) You should review these figures carefully with a business advisor before making any decision to purchase the franchise. We do not offer any direct financing for any part of the initial investment.
ITEM 8 RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES
Where we have issued standards and specifications, you must use only ingredients, food products, spices, seasonings, mixes, beverages, materials, supplies used in the preparation of food products, furniture, fixtures, equipment, smallwares, forms, paper and plastic products and packaging, cleaning supplies, and other materials that meet our standards and specifications as contained in the Operation Procedures Manual ("OPM"). A list of approved suppliers is available upon written request addressed to our Quality Assurance Department. Most food items and other goods that you are required to purchase will be purchased from a master distributor. The master distributor will carry items such as meats, cheese, grocery, bread products, paper and cleaning supplies. As of the date of this disclosure document, our master distributor is
Distribution Market Advantage ("DMA"). We reserve the right to change the master distributors. Other master distributors may be approved from time to time.
Certain of CJR's products, including our "special sauce," are confidential secret recipes and are considered trade secrets. For those CJR products, in order to control and maintain the quality and consistency of these products, you must use only our secret recipe products and purchase them from us, our affiliate or a source designated by us. For the fiscal year ended January 30, 2023, neither our affiliates nor us received any revenue from the sale of these products to our franchisees.
We may approve one or more suppliers or distributors for any products, equipment (including computer/cash register system as noted below), goods or materials, and we may approve a supplier or distributor only as to certain goods or materials. We may concentrate purchases with one or more suppliers to obtain lower prices and/or the best advertising support and/or services for any group of Carl's Jr. Restaurants or any other group of restaurants operated or franchised by CJR or our affiliates. Although you are not required to lease a location from us or an affiliate, we must consent to your selection of the site for your Carl's Jr. Restaurant. If you lease the Restaurant premises from a third party landlord, you must sign the Franchise Lease Addendum attached as Appendix G to the Franchise Agreement.
Approval of a supplier or a distributor may be conditioned on requirements relating to the frequency of delivery, reporting capabilities, standards of service, including prompt attention to complaints, sanitation standards, facility standards, insurance and other quality assurance requirements or other criteria, and concentration of purchases, as set forth above, and such approval may be temporary pending a further evaluation of the supplier by us. A fee not to exceed our actual costs of reviewing the supplier or distributor and auditing the facility, if needed, may be charged by us and must be paid by you. We may establish commissaries and distribution facilities owned and operated by us or an affiliate that we will designate as an approved supplier.
One or more of our officers may own nominal interests in certain of our approved suppliers which are publicly traded companies or through investment funds.
We may receive fees, commissions, field-of-use license royalties, or other consideration from approved suppliers based on sales to franchisees, and we may charge non-approved suppliers reasonable testing and/or inspection fees.
If you propose to purchase any goods or materials (that you are not required to purchase from CJR, an affiliate of CJR or a designated supplier) from a supplier that we have not previously approved, you must submit to us a written request for such approval, or you must request that the supplier do so. We have the right to require, as a condition of approval, that our representatives be permitted to inspect the supplier's facilities and that such information, specifications and samples as we reasonably designate be delivered to us and/or to an independent, certified laboratory designated by us for testing prior to granting approval.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 36–40)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, to obtain a list of approved suppliers, a franchisee must submit a written request to Carls's Quality Assurance Department. Most food items and other goods that the franchisee is required to purchase will be purchased from a master distributor, which, as of the date of the disclosure document, is Distribution Market Advantage ("DMA"). However, Carls reserves the right to change master distributors and approve other master distributors from time to time.
Carls may approve one or more suppliers or distributors for any products, equipment, goods, or materials, and may approve a supplier or distributor only as to certain goods or materials. Carls may concentrate purchases with one or more suppliers to obtain lower prices and/or the best advertising support and/or services for any group of Carl's Jr. Restaurants or any other group of restaurants operated or franchised by CJR or its affiliates.
If a franchisee proposes to purchase goods or materials from a supplier that Carls has not previously approved (and that the franchisee is not required to purchase from Carls, an affiliate of Carls, or a designated supplier), the franchisee must submit a written request for such approval, or request that the supplier do so. Carls has the right to require, as a condition of approval, that its representatives be permitted to inspect the supplier's facilities and that such information, specifications, and samples as Carls reasonably designate be delivered to them and/or to an independent, certified laboratory designated by them for testing prior to granting approval. The franchisee must pay a fee not to exceed the reasonable cost of the inspection and the actual cost of the test. In the event Carls tentatively approves a request for an alternative supplier, the franchisee must submit a check for $1,500 to Carls as a deposit against the cost they incur in inspecting the supplier's facility. The franchisee will be responsible for additional costs and expenses associated with the inspection of the facility, which must occur before final approval.