Is an Aplus franchisee allowed to interfere with the operational integrity of any leak detection and other safety devices on the Premises?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (9) If Sunoco makes a maintenance service call for a leak or alleged Product loss, the following procedure must be employed:
- (a) You (or an authorized employee) may observe the petroleum dispensing equipment being checked by Sunoco maintenance representatives.
- (b) Upon conclusion of the service call, Sunoco maintenance representatives will summarize findings and action taken, if any, on a "Receipt of Services Performed" which will then be signed by you (or an authorized employee), with a copy left on Premises.
- (10) You shall be solely liable for all related Product losses, claims, fines, penalties, consent orders, regulatory notice of violations, customer complaints, and damage to personal and real property should you fail to comply with these provisions. Additionally, if after written notice from Sunoco, any inventory control, monitoring leak monitors, leak detection reports and records and/or any other compliance records are not provided within the time period set forth in the notice, Sunoco may immediately suspend deliveries of Product to you until such reports and records are received by Sunoco.
- (11) Your failure to comply with the above items shall constitute a material default under the terms of this Lease.
APlus Store Equipment
(E) You agree to repair and maintain all APlus Store equipment as defined in and in accordance with the terms and conditions concerning such repair and maintenance set forth in the APlus Franchise Agreement. Such terms and conditions are incorporated herein by reference and shall survive termination of the APlus Franchise Agreement for the remaining Term of this Lease if the APlus Franchise Agreement terminates before the termination of this Lease. Notwithstanding the foregoing, Sunoco shall have the right to remove Loaned APlus equipment
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Aplus franchisees are responsible for maintaining the Aplus store equipment and must comply with all safety rules and regulations set by Sunoco. The franchisee is also responsible for the exclusive control of the premises.
The FDD states that if Sunoco makes a maintenance service call for a leak or alleged product loss, the franchisee or an authorized employee may observe the petroleum dispensing equipment being checked by Sunoco maintenance representatives. Upon conclusion of the service call, Sunoco maintenance representatives will summarize findings and actions taken on a "Receipt of Services Performed," which will be signed by the franchisee or an authorized employee, with a copy left on the premises.
The franchisee is solely liable for all related product losses, claims, fines, penalties, consent orders, regulatory notice of violations, customer complaints, and damage to personal and real property should they fail to comply with these provisions. Additionally, if after written notice from Sunoco, any inventory control, monitoring leak monitors, leak detection reports and records, and/or any other compliance records are not provided within the time period set forth in the notice, Sunoco may immediately suspend deliveries of product until such reports and records are received by Sunoco. Failure to comply with these items constitutes a material default under the terms of the lease.