What actions must an Aplus franchisee take to assist Sunoco in pursuing legal remedies for collecting expenses resulting from repairs or replacement to equipment or Premises?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (E) Franchisee will submit to Sunoco a completed Damage Report, in the event of any damage to Sunoco's Equipment or Premises.
Such Damage Report must include names of persons involved, date, time, names of witnesses, names of insurance companies, and nature and extent of damages.
- (F) Sunoco will make diligent efforts to recover costs of repair or replacement from persons liable for damages to its Equipment or Premises, and will reimburse Franchisee for any costs to recover, but Franchisee retains primary responsibility, as stated above.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, if Sunoco seeks to recover repair or replacement costs for damaged equipment or premises from liable parties, the franchisee must submit a completed Damage Report to Sunoco. This report should include details such as the names of individuals involved, the date and time of the incident, witness names, insurance company information, and a description of the damages.
While Sunoco will make diligent efforts to recover these costs and will reimburse the franchisee for any recovery costs, the franchisee retains primary responsibility for the damage. This means the franchisee is initially accountable for the damage, even if a third party caused it.
This requirement ensures that Sunoco has the necessary information to pursue legal remedies effectively. However, it also places a significant responsibility on the franchisee to document and report any damage promptly and accurately. Franchisees should maintain thorough records and be prepared to assist Sunoco in the recovery process, understanding that they bear the initial responsibility for the costs.