For Aplus franchises, what is the franchisee's obligation regarding dispenser nozzles, hoses, whip hoses, breakaways, swivels, and retractor cables?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
(F) In addition to any other remedies Sunoco may have, you hereby agree that if you fail to perform your obligations hereunder and fail to correct such default within five (5) days after receipt from Sunoco of notice thereof, Sunoco may perform or have performed your obligations as are necessary to correct such default. Any costs to Sunoco or payments 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.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus Franchise Disclosure Document, the franchisee's obligations regarding dispenser nozzles, hoses, whip hoses, breakaways, swivels, and retractor cables are detailed in the Franchisee Maintenance Responsibility Schedule, which is included in Part III of the agreement. The franchisee is responsible for maintaining the Premises, Loaned Equipment, and their own property in a clean, neat, orderly, sanitary, safe, and trash- and weed-free condition, as outlined in this schedule.
Specifically, Sunoco (likely the supplier or parent company) is responsible for performing or having performed all other maintenance and repairs to the Premises or Loaned Equipment, except as set forth in Section 2.13(A) and the Franchisee Maintenance Responsibility Schedule. This means the franchisee's maintenance responsibilities for items like dispenser nozzles, hoses, and related equipment are explicitly defined in that schedule.
Upon termination or expiration of the lease, the franchisee must deliver the Premises and Loaned Equipment to Sunoco in the condition in which they are obligated to maintain them under the agreement. If the franchisee fails to perform their maintenance obligations and does not correct the default within five days of notice from Sunoco, Sunoco may perform the necessary actions to correct the default, with the costs incurred being charged to the franchisee as additional charges, payable within five days of demand.