What is the Aplus franchisee's responsibility regarding informing Sunoco of any Equipment failure or need for repair or replacement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
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(G) The use herein of any personal pronoun shall include the masculine, feminine, and neuter pronouns.
PREMISES LEASE
MAINTENANCE PROVISIONS
- 1.38 Maintenance of Premises And Equipment.
- (A) Franchisee, being in possession and control of the Equipment and Premises, has primary responsibility to keep and maintain the Equipment and Premises in good order and condition at all times.
- (B) Franchisee is responsible for informing Sunoco in a timely manner of any Equipment failure or any need for repair or replacement of Equipment or Premises. Sunoco reserves the right, following proper notification by Franchisee, to determine in Sunoco's sole discretion whether a need for repair or replacement of Equipment or Premises exists.
- (C) Notification by Franchisee to Sunoco of a need for repair, and assumption by Sunoco of responsibility for repair, shall not relieve Franchisee of any liability incurred to third parties, including Franchisee's employees, customers, invitees, and the general public, because of a state of disrepair.
- (D) Franchisee is responsible for any and all damage to Sunoco's Equipment and Premises, including that caused by third parties. Franchisee must repair or replace any Equipment, buildings, and fixtures at the Premises so damaged. Sunoco reserves the right to determine how best to repair or replace damaged Equipment or Premises. Sunoco may require Franchisee to follow its directions as to proper repair and/or replacement. Should Franchisee not comply with Sunoco's directions, Sunoco or its agents may repair or replace damaged property to its standards, costs of which will be billed to and paid by Franchisee.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, franchisees have several responsibilities regarding equipment maintenance and reporting issues to Sunoco. Specifically, franchisees must notify Sunoco of any need for repair. Following notification, Sunoco reserves the right to determine if repair or replacement is necessary. Franchisees must also submit a completed Damage Report to Sunoco in the event of any damage to Sunoco's Equipment or Premises, including names of persons involved, date, time, names of witnesses, names of insurance companies, and nature and extent of damages.
Additionally, the franchisee is responsible for repairing or replacing any damaged Equipment, buildings, and fixtures at the Premises. Sunoco has the right to determine how best to repair or replace damaged Equipment or Premises and may require the franchisee to follow its directions for proper repair and/or replacement. If the franchisee does not comply with Sunoco's directions, Sunoco may repair or replace the damaged property to its standards, and the costs will be billed to and paid by the franchisee.
Furthermore, the franchisee is required to maintain a Preventive Maintenance (PM) contract with either Sunoco or a reputable contractor, providing a copy of the PM contract to Sunoco's Maintenance Department each year during the Term of the Lease if an independent contractor is chosen. The franchisee must also notify Sunoco of any alarms or failures related to electronic equipment, including credit card pump control and data processing equipment, and comply with all operating and cleaning requirements of the equipment and systems in accordance with Sunoco contracts.