Approved Products, Distributors and Suppliers. We have developed or may develop various unique products or services that may be prepared according to our formulations. We have approved, and will continue to periodically approve, specifications for suppliers and distributors (which may include us and/or our affiliates) for products or services required to be purchased by, or offered and sold at, The Joint Corp. Location franchises, that meet our standards and requirements, including without limitation standards and requirements relating to product quality, prices, consistency, reliability, and customer relations. You understand and acknowledge we will not be liable to you or anyone else for any damages or claims arising out of or resulting from the acts or omissions any supplier and distributor of products or services, whether or not such supplier or distributor is an approved or required supplier or distributor of products or services. You agree that the Franchise will: (1) purchase any required products or services in such quantities as we designate; (2) utilize such formats, formulae, and packaging for products or services as we prescribe; and (3) purchase all designated products and services only from distributors and other suppliers we have approved. In the event we designate a required supplier or distributor during the term of this Agreement, or any subsequent franchise agreement, you must begin to use such required supplier or distributor with thirty (30) days of the date we notify you that you must use such supplier or distributor, unless we designate a longer period for you to switch or convert over to such supplier or distributor. Your failure or refusal to do so shall constitute a breach of this Agreement. We may approve a single distributor or other supplier (collectively “supplier”) for any product, and may approve a supplier only as to certain products. We may concentrate purchases with one or more suppliers to obtain lower prices or the best advertising support or services for any group of The Joint Corp. Locations franchised or operated by us. Approval of a supplier may be conditioned on requirements relating to the frequency of delivery, concentration of purchases, standards of service (including prompt attention to complaints), or other criteria, and may be temporary, pending our continued evaluation of the supplier from time to time. If you would like to purchase any items from any unapproved supplier, then you must submit to us a written request for approval of the proposed supplier...
Approved Products, Distributors and Suppliers. The reputation and goodwill of all UNITS are based upon, and can only be maintained by, the sale of distinctive, high-quality Products, and the presentation, packaging and service of Products in an efficient and appealing manner. COMPANY has developed and shall continue to develop certain proprietary food products which will be prepared by or for COMPANY according to COMPANY's proprietary recipes and formulas. COMPANY also has developed and may continue to develop standards and specifications for bagels and other food products, ingredients, spreads, seasonings, spices, mixes, teas, coffees and other beverages, materials and supplies incorporated in or used in the preparation, freezing, baking, cooking, serving, packaging, catering and delivery of prepared food products authorized for sale at or from UNITS. COMPANY has approved and shall review and continue to approve suppliers and distributors of the foregoing products, supplies and materials that meet its standards and requirements including, without limitation, standards and requirements relating to quality, quantity and portions, prices, volume capability, frequency of delivery, distribution methods and locations, standards of service, including prompt attention to complaints, consistency, reliability, financial capability, labor and customer relations and other criteria. LICENSE OWNER agrees that the Store shall:
(1) purchase those Products which are COMPANY's private label food products, materials, supplies and proprietary food products developed by or for COMPANY or its Affiliates whether or not pursuant to a special recipe or formula or bearing the Marks (collectively "PROPRIETARY ITEMS") only from COMPANY or designees required and licensed by COMPANY to manufacture, prepare, distribute and/or sell such products;
(2) purchase only from distributors and suppliers approved or required by COMPANY all other goods and items authorized to be sold in the Store, and other materials and supplies used in the preparation, freezing, baking, cooking, serving, packaging, delivery and catering of Products and equipment, menus, forms, paper and plastic products, packaging or other materials (collectively "SUPPLIES AND MATERIALS"); and
(3) purchase only from distributors and suppliers approved or required by COMPANY all Products other than Proprietary Items ("NON-PROPRIETARY PRODUCTS"). COMPANY may, in its sole discretion, designate which Products constitute Proprietary Items, and which of such Proprietary Items: (a...
Approved Products, Distributors and Suppliers. Franchisee acknowledges that the reputation and goodwill of Hardee's Restaurants are based upon, and can only be maintained by, the sale of distinctive, high quality food products and beverages, and the presentation, packaging and service of such products and beverages in an efficient and appealing manner. HFS may develop certain proprietary food products that will be prepared by or for HFS according to HFS' proprietary special recipes and formulas. HFS also has developed standards and specifications for other food products, ingredients, seasonings, mixes, beverages, materials and supplies incorporated or used in the preparation, cooking, serving, packaging and delivery of prepared food products authorized for sale at Hardee's Restaurants. Franchisee agrees that the Franchised Restaurant will: (1) purchase those food products developed by HFS pursuant to a special recipe or formula only from HFS, an affiliate of HFS or a third party designated and licensed by HFS to prepare and sell such products; and (2) purchase from manufacturers, distributors, vendors and suppliers (collectively "suppliers") approved by HFS all other goods, food products, ingredients, spices, seasonings, mixes, beverages, materials and supplies used in the preparation of products (collectively "goods"), as well as advertising materials, furniture, fixtures, equipment, smallwares, menus, forms, paper and plastic products, packaging or other materials (collectively "materials") that meet the standards and specifications promulgated by HFS from time to time. HFS has the right to require that Franchisee use only certain brands and to prohibit Franchisee from using other brands. HFS may from time to time modify the list of approved brands and/or suppliers, and Franchisee shall not, after receipt of such modification in writing, reorder any brand from any supplier that is no longer approved. HFS may approve one or more suppliers for any goods or materials and may approve a supplier only as to certain goods or materials. HFS 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 Hardee's Restaurants or any other group of restaurants franchised or operated by HFS or its affiliates. Approval of a supplier may be conditioned on requirements relating to the frequency of delivery, reporting capabilities, standards of service, including prompt attention to complaints, or other criteria, and concentration of pu...
Approved Products, Distributors and Suppliers. The reputation and goodwill of all UFood Outlets are based upon, and can only be maintained by, the offer and sale of distinctive, high-quality products and services and the presentation, packaging and service of products in an efficient and appealing manner. Therefore, during the term of this Agreement, Franchisee must purchase or lease all Operating Assets, Proprietary Products, food and beverage ingredients and inventory, Nutritional Products, and other equipment, materials, supplies and services offered or used by or in connection with the Outlet only according to Franchisor's System Standards (including with respect to brands, types and models) and, if Franchisor requires, only from suppliers or distributors that Franchisor designates or approves (which might include or be limited to Franchisor or its Affiliates). Franchisor and its affiliates have developed and may further develop Proprietary Products for use in the operation of UFood Outlets. Franchisee must use only the Proprietary Products in the preparation and sale by the Outlet of those products that Franchisor specifies from time to time. Franchisor may from time to time modify the list of designated or approved suppliers and distributors. Franchisee shall not, after receipt in writing of such modification, reorder any product from any supplier or distributor or purchase services from a provider that is no longer approved. Franchisor may designate or approve a single distributor, supplier or provider for any products or services and may designate or approve a distributor, supplier or provider only as to certain products, materials, supplies or services, and such approval may be temporary pending a further evaluation of such distributor, supplier or provider by Franchisor. Franchisor may concentrate purchases with one or more distributors, suppliers or providers to obtain lower prices, advertising support and/or services for the benefit of the UFood Outlet network, and establish Franchisor or Affiliate-owned manufacturing or distribution facilities or servicing capabilities which Franchisor may designate as an approved or required distributor, supplier or provider. Franchisor may designate itself or an Affiliate as a designated or approved manufacturer, supplier, distributor and/or provider of certain products and/or services. If Franchisor is a designated or approved manufacturer, supplier or distributor, Franchisee acknowledges and agrees that Franchisor may earn a profit on goods and service...
