For an Aplus franchise, who is responsible for the maintenance, repair, and replacement of equipment not loaned or owned by Sunoco?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
ments by Sunoco incurred for such items and such costs shall be deemed additional charges pursuant to Section 2.05(D) above. These additional charges shall be due and payable within five (5) days from demand.
Termination or Expiration
(G) Upon termination or expiration of this Lease, you shall deliver the Premises and Loaned Equipment to Sunoco in the condition in which you are obligated to maintain them hereunder.
Sunoco's Responsibility
(H) Except as set forth in Section 2.13(A) herein and in the Franchisee Maintenance Responsibility Schedule as set forth in Part III below, Sunoco shall be responsible for performing or having performed all other maintenance and repairs to the Premises or Loaned Equipment.
1.22 Housekeeping
General
(A) You shall maintain the Premises, Loaned Equipment, and your own property and equipment on the Premises in a clean, neat, orderly, sanitary, safe, and trash- and weed-free condition and in accordance with the Franchisee Maintenance Responsibility Schedule as set forth in Part III below.
Restroom Housekeeping and Maintenance
- (B) You, at your own expense, shall be solely responsible for:
- (1) maintaining the restrooms in a clean, sanitary, fully stocked and properly operating condition, including the repair of clogged toilets, urinals, toilet flush mechanisms, leaking faucets, soap, towel and toilet tissue dispensers, door closers, latches, toilet seats, lighting and other fixtures;
- (2) furnishing of adequate restroom supplies;
- (3) allowing patrons free access to restrooms during business hours;
- (4) the removal of all unauthorized charge-type door-locking devices and replacement of doors that have been damaged by the installation of any unauthorized locking devices;
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, the responsibility for maintenance, repair, and replacement of equipment depends on who owns or loans the equipment. Generally, Aplus franchisees are responsible for maintaining their own property and equipment on the premises.
Specifically, the franchisee is responsible for the repair and maintenance of Aplus store equipment, as defined in the Aplus Franchise Agreement. If the franchisee accepts funding from Sunoco for equipment and construction, the franchisee is responsible for maintaining the equipment in good repair, replacing any equipment that is stolen, lost, destroyed, or damaged, replacing worn-out parts, filing tax returns, paying property taxes, and obtaining insurance coverage for the equipment.
However, Sunoco is responsible for performing or having performed all other maintenance and repairs to the premises or loaned equipment, except as set forth in the Franchisee Maintenance Responsibility Schedule. The Franchisee Maintenance Responsibility Schedule lists specific items and designates whether Sunoco or the franchisee is responsible for repair or replacement. For example, the franchisee is generally responsible for repairing or replacing food store miscellaneous equipment, water filtration systems, service center miscellaneous equipment, safes, and fire extinguishers. For refrigeration systems, the franchisee is responsible for major repairs and replacements exceeding $250 per occurrence, while Sunoco is responsible for all other coolers/freezers.