Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-01920-IVIRK Document 114-4 Filed 10/24/2003 Page 1 012

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A LLl E D DOM EC
Allied Doniecq Quick Service Restaurants A @ QSR Q
TO: All Dunkin’ Donuts Franchisees
DATE: February 4, 2002 .
RE: Approval and Reporting of Wholesale Accounts
THIS DOCUMENT MUST BE READ BY THE FRANCHISEE ON RECORD, IF YOU ARE NOT THE
FRANCHISEE AS FOUND ON THE FRANCHISE OFFERING, PLEASE IMMEDIA TELYFORWARD
TO THAT PERSON.
As you know, your Franchise Agreement requires approval by Allied Domecq QSR of all Wholesale accounts. We ask that
you report on an annual basis the status of any wholesale accounts that you maintain.
The purpose of this memorandum is to remind you of this policy. The policy states that you must notify youiiausiness
Consultant, in writing, as soon as you acquire a new Wholesale account. Attached you will find Allied Domecq's
prescribed fomt foryour use. lf you should somehow lose the form, or forget the format, you should send a letter
containing the account's name and address anyway. Regardless of the form of the notice you provide, you should keep a
copy of what you send to the Business Consultant for your records, as such documents may be reviewed during a shop
visit.
THE WHOLESALE ACCOUNT SHALL BE DEEMED APPROVED BY ALLIED DOMECQ QSR UNLESS YOU ARE
NOTIFIED BY CERTIFIED MAIL THAT THE ACCOUNT IS NOT APPROVED.
There is no change in the requirement that you must report all Wholesale sales to Allied separately, naming each account
and designating each as “Who|esale" on the Weekly Sales Reporting Form, whether or not you have notihed Allied of the
account. Use an attachment lf there is insufncient space on the Weekly Sales Reporting Form to list all of these accounts.
There remains no justification for not reporting a wholesale sale to the Company on your Weekly Sales Reporting Form.
WHOLESALE ACCOUNTS:
• Any product sold in non—branded form is considered a Wholesale account regardless of whether product is delivered
to the customer or picked up at the store. No brand markings are to be found at this location (straws, napkins, boxes,
etc.). _ — —
• Sales must be rung into the register when the product leaves the store regardless ofthe form of payment. ln the case
of charge accounts or accounts on credit, you must ring the sale into the register on the day ofthe delivery, and then
list these on your DCR in the appropriate location. lt is not appropriate to wait until you receive payment to record the
sale on the register.
• Each account must be listed by name and dollar amount on the weekly sales reporting form.
· lf you have no whoiesale accounts, you must list the word ’NONE" on the Wholesale reporting space on the Sales
Reporting Fonn.
· You must complete the Wholesale Accounting form for each Wholesale customer change, and forward to your
Business Consultant.
DUIIKIW
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TELEPHONE (781) 961 4000 FACSIMILE (781) 9834913