Will Sunoco reimburse the Aplus franchisee for costs to recover repair or replacement costs from liable parties?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
s, Loaned Equipment, and the Premises, including damage caused by third parties. You must repair or replace any damaged facilities, Loaned Equipment, or Premises.
- (2) You will submit to Sunoco a completed Damage Report in the event of any damage to Sunoco's facilities, Loaned Equipment, or Premises. The Damage Report must include the names of all persons involved, the date and time of the incident, the names of all witnesses, the names of insurance companies, and the nature and extent of the damages. Additionally, you shall provide a copy of a police report regarding the incident if the damage occurred during a period when the Premises was closed or in those instances where the individual(s) responsible for the damage flee(s).
- (3) Sunoco will make diligent efforts to recover costs of repair or replacement from persons liable for damages to its property, and will reimburse you for any costs so recovered, but you retain primary responsibility.
- (4) Sunoco shall make all necessary repairs and replacements to the Premises and Loaned Equipment resulting from each such incidence of accidental or malicious physical damage. You agree to execute and deliver any instruments and papers and to do whatever else is necessary or required for Sunoco to pursue its legal remedies in collecting all expenses resulting from any repairs or replacement to equipment or Premises from the individual(s) responsible for such accident or physical damage.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco will make efforts to recover costs for repair or replacement from parties liable for damages to its property. Aplus will reimburse the franchisee for any costs it recovers. However, the franchisee retains primary responsibility for the damages.
The franchisee is required to submit a completed Damage Report to Sunoco in the event of any damage to Sunoco's facilities, Loaned Equipment, or Premises. This report must include details such as names of persons involved, date, time, names of witnesses, names of insurance companies, and the nature and extent of the damages. A copy of a police report is also required if the damage occurred when the Premises was closed or if the responsible individuals fled.
It's important to note that Sunoco's assumption of responsibility for repair does not relieve the franchisee of any liability incurred by or to third parties, including employees, customers, invitees, and the general public, due to the state of disrepair. The franchisee is also responsible for executing and delivering any instruments and papers necessary for Sunoco to pursue legal remedies to collect expenses resulting from repairs or replacement to equipment or Premises from the responsible individuals.