factual

Can Petro Stopping Center require franchisees to purchase all items from Approved Suppliers?

Petro_Stopping_Center Franchise · 2025 FDD

Answer from 2025 FDD Document

Products and product or service categories;

    1. designated or Approved Suppliers (which may include us or our Affiliates) of all assets used or usable in the operation of your Petro Center (the "Operating Assets"), Computer Systems, Proprietary Supplies, Motor Fuel, Products and Services.

In order to maintain the quality and uniformity of the Products and Services offered at the Petro Center, we may require you to purchase all items, goods, products, ingredients, fixtures, furnishings, equipment, décor items and signage from suppliers (which may include us or our Affiliates) who demonstrate to our continuing satisfaction the ability to meet the Petro System Standards; who possess adequate quality controls and capacity to supply your needs promptly and reliably; and who have been approved in writing by us and not thereafter disapproved ("Approved Suppliers").

Certain items are proprietary to the Petro System or its Affiliates, incorporate our trade secrets or bear the Marks, including employee clothing, uniforms, stationary, forms, Products and advertising materials or are otherwise designated as such by us ("Proprietary Supplies"). We reserve the right to require you to purchase Products, Proprietary Supplies, and/or Motor Fuel from us, our Affiliates, or Approved Suppliers. We currently specify certain brands of product (such as tires, motor oil, and coffee) that you must offer at your Petro Center. Although we have negotiated volume purchasing arrangements with Approved Suppliers of these products, we do not presently require you to purchase these branded products from a particular source.

We do, however, have the absolute right to limit the suppliers with whom you deal. We may restrict your sources of materials, fixtures, equipment, furniture, signs, products, goods, and services now and in the future, in order to protect our trade secrets, assure quality, assure a reliable supply of products and services that meet our Petro System Standards, achieve better terms and delivery service, control usage of the Marks, and monitor the manufacture, packaging, processing and sale of these items. If we, at our option, limit the sources of certain materials, fixtures, equipment, furniture, signs, products, goods, and services to us, or to our Affiliates and/or specified exclusive or approved sources, then you must acquire these only from these approved sources at prices we or they decide to charge. Specifically, we reserve the right to designate ourself or an Affiliate as the sole Approved Supplier of Proprietary Supplies and/or Motor Fuel and we have no obligation to evaluate or consider alternative suppliers of Proprietary Supplies or Motor Fuel. Any purchases you make from us or from our Affiliates, whether required or voluntary, may be at prices exceeding our cost.

If you desire to purchase or lease any unapproved product, supplies, service or equipment or purchase or lease any approved product, supplies, service or equipment from an unapproved supplier, you must notify us in writing and request approval. We have the right to require that our representatives be permitted to inspect the proposed supplier's facilities and test or evaluate the proposed supplier's product, supplies, service or equipment. We have the right to request that samples be delivered to us or to an independent testing facility chosen by us. A charge not to exceed the reasonable cost of the inspection and the actual cost of the test will be paid by you or the unapproved supplier. We will, within 30 days of receipt of a completed request and completion of the evaluation and testing, notify you in writing of our approval or disapproval of the supplier and/or the proposed product, supplies, service or equipment.

Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 37–42)

What This Means (2025 FDD)

According to Petro Stopping Center's 2025 Franchise Disclosure Document, franchisees may be required to purchase all items from approved suppliers. To maintain quality and service standards, Petro Stopping Center can mandate that franchisees acquire items, goods, products, ingredients, fixtures, furnishings, equipment, décor, and signage from suppliers who meet the Petro System Standards. These suppliers must demonstrate the ability to meet quality controls, supply needs promptly and reliably, and receive written approval from Petro Stopping Center. These Approved Suppliers may include Petro Stopping Center or its Affiliates.

Petro Stopping Center reserves the right to limit the suppliers with whom franchisees deal to protect trade secrets, assure quality, ensure a reliable supply of products and services, achieve better terms and delivery, control the use of marks, and monitor the manufacture, packaging, processing, and sale of items. If Petro Stopping Center limits the sources of certain materials, fixtures, equipment, furniture, signs, products, goods, and services to itself, its Affiliates, and/or specified exclusive or approved sources, franchisees must acquire these only from those approved sources at prices determined by Petro Stopping Center or the approved suppliers. Petro Stopping Center can designate itself or an Affiliate as the sole Approved Supplier of Proprietary Supplies and/or Motor Fuel and is not obligated to evaluate alternative suppliers for these items.

If a franchisee wishes to purchase or lease any unapproved product, supplies, service, or equipment, or purchase approved items from an unapproved supplier, they must seek written approval from Petro Stopping Center. Petro Stopping Center has the right to inspect the supplier's facilities and test the products, with the franchisee bearing the reasonable costs of inspection and testing. Petro Stopping Center will notify the franchisee of its decision within 30 days of receiving the completed request and evaluation. Petro Stopping Center can also re-inspect approved suppliers and re-evaluate products, revoking approval if the supplier fails to meet the standards.

For the fiscal year ended December 31, 2024, TA Operating's revenue from required purchases and leases by franchisees totaled $229,691. Petro Stopping Center also requires franchisees to purchase Proprietary Systems, including the rewards computer system, a proprietary shop system, and a proprietary shower system from TA Operating, its affiliate. TA Operating is the sole approved supplier of the Proprietary Systems, which are sold to franchisees at TA Operating's actual cost.

Disclaimer: This information is extracted from the 2025 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.