MINNESOTA COMMERCE - Unhappy Franchisee

More documents

Recommendations

Info

www.ftc• eevwww.ftc.gov for additional information. Call your state agency or visit your public library for other sources of information on franchising. There may also be laws on franchising in your state. Ask your state agencies about them ISSUANCE DATE: March I L 20U. as nniendcd Dcccmbor 9. 30119. 2012. © Copyright 30442012, NMTC, Inc. d/b/a Mateo Tools Mateo 2m2.FDD/PK, i5515.\2lZm5.lA 03/09/4412
STATE COVER PAGE Your state may have a franchise law that requires a franchisor to register or file with a state franchise administrator before offering or selling in your state. REGISTRATION OF A FRANCHISE BY A STATE DOES NOT MEAN THAT THE STATE RECOMMENDS THE FRANCHISE OR HAS VERIFIED THE EMFORMATION IN THIS DISCLOSURE DOCUMENT. Call the state franchise administrator listed in Appendix F for information about the franchisor, about other franchisors, or about franchisingin your state. MANY FRANCHISE AGREEMENTS DO NOT ALLOW YOU TO RENEW UNCONDITIONALLY AFTER THE INITIAL TERM EXPIRES. YOU MAY HAVE TO SIGN A NEW AGREEMENT WITH DIFFERENT TERMS AND CONDITIONS IN ORDER TO CONTINUE TO OPERATE YOUR BUSINESS. BEFORE YOU BUY, CONSIDER WHAT RIGHTS YOU HAVE TO RENEW YOUR FRANCHISE, IF ANY, AND WHAT TERMS YOU MIGHT HAVE TO ACCEPT IN ORDER TO RENEW. Please consider the following RISK FACTORS before you buy this franchise: *1. THE DISTRIBUTORSHIP AGREEMENT REQUIRES YOU TO RESOLVE DISPUTES WITH US BY ARBITRATION ONLY m THE STATE OF OHIO. OUT OF STATE LITIGATION OR ARBITRATION MAY FORCE YOU TO ACCEPT A LESS FAVORABLE SETTLEMENT FOR DISPUTES. IT MAY ALSO COST YOU MORE TO SUE OR ARBITRATE WITH MATCO IN OHIO THAN IN YOUR HOME STATE. •2. THE DISTRIBUTORSHIP AGREEMENT STATES THAT OHIO LAW GOVERNS THE AGREEMENT, AND THIS LAW MAY NOT PROVIDE THE SAME PROTECTIONS AND BENEFITS AS LOCAL LAW. YOU MAY WANT TO COMPARE THESE LAWS. 3. THERE MAY BE OTHER RISKS CONCERNING THIS FRANCHISE. *State laws may supersede these distributorship agreement provisions. Certain states require the superseding provisions to appear in an addendum to this disclosure document (See Appendix H). We use the services of one or more FRANCHISE BROKERS or referral sources to assist us in selling our franchises. A franchise broker or referral source represents us, not you. We pay this person a fee for selling our franchise or referring you to us. You should be sure to do your own investigation of the franchise. Effective Date: See next page for state effective dates. Copyright 3^42012. NMTC, Inc. d/b/a Mateo Tools Mateo2m.2.FDD/PK :i5-175.12!219051,8 _S}3J09/U12
Page 1 and 2: MINNESOTA DEPARTMENT OF COMMERCE 85
Page 3 and 4: UNIFORM FRANCHISE REGISTRATIOK-^gpD
Page 5 and 6: MAR - 8 2012 Mr. Daniel E. Sexton P
Page 7 and 8: UNIFORM FRANCHISE CONSENT TO SERVIC
Page 9 and 10: NMTC, INC. d/b/a MATCO TOOLS FRANCH
Page 11: FR.\NCHISE DISCLOSURE DOCUMENT NMTC
Page 15 and 16: Mateo® Tools FRANCHISE DISCLOSURE
Page 17 and 18: Document. Mateo's affiliates have n
Page 19 and 20: The informadon in this Disclosure D
Page 21 and 22: Communicadons, District Business Ma
Page 23 and 24: damages in the amount of $500,000 a
Page 25 and 26: Time Payment Reserve You must, at t
Page 27 and 28: was established by the Internationa
Page 29 and 30: manufacturer, model, configuration
Page 31 and 32: Mateo will finance up to $72,000 (w
Page 33 and 34: include items such as work uniforms
Page 35 and 36: charge fees to suppliers seeking to
Page 37 and 38: Obligation (x) Dispute resolution S
Page 39 and 40: you a late fee of 5% per week for e
Page 41 and 42: who may be potentiol-eustemers for
Page 43 and 44: egional trainers employed by Mateo.
Page 45 and 46: (B) (C) (D) (E) (F) Mateo provides
Page 47 and 48: policy. Mateo will revise its tool
Page 49 and 50: (B) make personal sales calls on at
Page 51 and 52: your Distributorship business. conf
Page 53 and 54: Provision Section in Distributorshi
Page 55 and 56: Provision Noncompetition covenants
Page 57 and 58: Mateo's 1,006134 Distributors repor
Page 59 and 60: 40rExeep^-as----(:Uselosed~sbove;--
Page 61 and 62: State (Note 2) Year Number of Trans
Page 63 and 64:
Table 3 Status of Franehised Outlet
Page 65 and 66:
State Year Outlets at Start of Year
Page 67 and 68:
state Year Outlets at Start of Year
Page 69 and 70:
Page 71 and 72:
Page 73 and 74:
Attached as Appendix B is a list of
Page 75 and 76:
MATCO TOOLS FRANCHISE DISCLOSURE DO
Page 77 and 78:
NMTC, Inc. and Subsidiaries Consoli
Page 79 and 80:
Page 81 and 82:
Page 83 and 84:
NMTC, Inc. and Subsidiaries Notes t
Page 85 and 86:
Page 87 and 88:
Page 89 and 90:
Page 91 and 92:
Page 93 and 94:
Page 95 and 96:
Page 97 and 98:
Page 99 and 100:
Page 101 and 102:
Ernst & Young LLP Assurance | Tax |
Page 103 and 104:
Page 105 and 106:
PM01701 Run Date :12/30/ll State Di
Page 107 and 108:
PM01701 Run Date :12/30/11 State Di
Page 109 and 110:
Page 111 and 112:
Page 113 and 114:
Page 115 and 116:
M01701 Run Date :12/30/ll Jtate Dis
Page 117 and 118:
Page 119 and 120:
PM01701 Run Date :12/30/11 State Di
Page 121 and 122:
Page 123 and 124:
PM01701 Run Date ;12/30/ll State Di
Page 125 and 126:
PM01701 Run Date :12/;30/ll State D
Page 127 and 128:
Page 129 and 130:
Page 131 and 132:
Page 133 and 134:
Page 135 and 136:
Page 137 and 138:
PM01701 Run Date :12/30/n State Dis
Page 139 and 140:
Page 141 and 142:
Page 143 and 144:
Page 145 and 146:
Page 147 and 148:
MATCO TOOLS DISTRIBUTORSHIP AGREEME
Page 149 and 150:
ARTICLE 5 5.1 5.2 5.3 5.4 5.5 ARTIC
Page 151 and 152:
Exhibit A Exhibit B Exhibit C Exhib
Page 153 and 154:
variety of reasons^ .which may incl
Page 155 and 156:
the Distributor agrees to sign and
Page 157 and 158:
in Section 4.1, before operating th
Page 159 and 160:
invoice from Mateo, Distributor's O
Page 161 and 162:
purchase said insurance on Distribu
Page 163 and 164:
ARTICLE 7 TRADEMARKS, TRADE NAMES A
Page 165 and 166:
specifications, techniques, compute
Page 167 and 168:
11.34 Notice; Cure Periods. Mateo w
Page 169 and 170:
ARTICLE 12 DISPUTE RESOLUTION 12.1
Page 171 and 172:
shareholders. Spouse, and person a
Page 173 and 174:
(A) "Abandon" will mean the conduct
Page 175 and 176:
MATCO TOOLS LIST OF CALLS AND POTEN
Page 177 and 178:
Z^.M1Z Tools INSTALLMENT PROMISSORY
Page 179 and 180:
SECURITY AGREEMENT APPENDIX D EXHIB
Page 181 and 182:
16. MISCELLANEOUS. This Security Ag
Page 183 and 184:
(b) All credit documents presented
Page 185 and 186:
10. This Agreement shall be binding
Page 187 and 188:
(b) Distributor guarantees that Ass
Page 189 and 190:
BUYER ACKNOWLEDGES RECEIPT OF THE G
Page 191 and 192:
Terms and conditions of Sale/Securi
Page 193 and 194:
MATCO TOOLS DISTRIBUTOR'S PURCHASE-
Page 195 and 196:
(c) Distributor shall not, without
Page 197 and 198:
Appendix D Exhibit K-1 Mateo Tools
Page 199 and 200:
Appendix D Exhibit K-2 Mateo Tools
Page 201 and 202:
MATCO TOOLS DISTRIBUTOR LEASE AGREE
Page 203 and 204:
MATCO TOOLS NMTC, Inc. d/b/a MATCO
Page 205 and 206:
¥^5£i NMTC, Inc, d/b/a/ MATCO TOO
Page 207 and 208:
MATCO TOOLS MATCO DISTRIBUTOR BUSIN
Page 209 and 210:
The Distributor is fiirther respons
Page 211 and 212:
11. ENTIRE AGREEMENT. This Agreemen
Page 213 and 214:
APPENDIX D EXHIBIT P GUARANTEE. IND
Page 215 and 216:
APPENDIX D EXHIBIT Q MATCO WEB PAGE
Page 217 and 218:
4.3 Matco shall own all rights in a
Page 219 and 220:
9. Entire Agreement This Agreement,
Page 221 and 222:
Page 223 and 224:
conceming advertising, marketing, m
Page 225 and 226:
STATE AGENCY EXHIBIT APPENDIX F TO
Page 227 and 228:
AGENTS FOR SERVICE OF PROCESS APPEN
Page 229 and 230:
STATE-SPECIFIC DISCLOSURES AND STAT
Page 231 and 232:
Hawaii Distributorship Agreement Am
Page 233 and 234:
Illinois Distributorship Agreement
Page 235 and 236:
Maine Disclosure Addendum THE INFOR
Page 237 and 238:
Maryland Disclosure Addendum Item 1
Page 239 and 240:
IN WITNESS WHEREOF, each of the und
Page 241 and 242:
(F) (G) A PROVISION REQUIRING THAT
Page 243 and 244:
Minnesota Disclosure Addendum Item
Page 245 and 246:
Page 247 and 248:
North Carolina Distributorship Agre
Page 249 and 250:
North Dakota Disclosure Addendum In
Page 251 and 252:
Page 253 and 254:
Rhode Island Distributorship Agreem
Page 255 and 256:
Washington Distributorship Agreemen
Page 257 and 258:
MATCO DISTRIBUTOR CONSENT TO ALCOHO
Page 259 and 260:
MUTUAL RELEASE AGREEMENT APPENDIX J
Page 261 and 262:
demands, liabilities, and causes of
Page 263 and 264:
Page 265 and 266:
Matco Tools Ride-Along Acknowledgem
Page 267 and 268:
RECEIPT ^To Be ReHirned «o Matcn T
show all

MINNESOTA COMMERCE - Unhappy Franchisee

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?