Under what conditions is Sunoco responsible for repairs to or replacement of designated items at an Aplus franchise location?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- (B) Sunoco's responsibility for repairs to or replacement of the designed items listed below is limited to repairs resulting from normal wear and tear and not from Franchisee's negligence or
FRANCHISEE MAINTENANCE RESPONSIBILITY SCHEDULE
Franchisee's failure to keep and maintain same in good order and condition at all times or repairs necessitated by damages caused by Franchisee's employees, customers, invitees, vandals, or any other parties.
(C) Franchisee is required to maintain a Preventive Maintenance ("PM") contract with either Sunoco (see Exhibit "A") or a reputable contractor (see Exhibit "B" for requirements). If Franchisee chooses an independent contractor for PM, Franchisee must provide a copy of the PM contract to Sunoco's Maintenance Department each year during the Term of this Lease.
Item Sunoco Franchisee Structure, Buildings, Canopies & Kiosks Structural Steel, Foundations, Masonry and Framework Repair or replace. None. Roofing & Flashing Repair or replace. None. Smoke Detector & Sprinkler System for Fire Control Repair or replace. Periodic testing, inspections, and operational costs. Glass None. Replace all broken or cracked glass in doors and windows. Clean up broken glass. Place warning signs and secure area until glass is replaced. Doors (including overhead, front, bathroom, office, and emergency exit) Replace. Maintain and repair/replace/adjust door hardware including handles, hinges, cables, closures and thresholds. Replace lost keys and change locks as required. Replace glass with same type glass. Replace overhead door springs.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco's responsibility for repairs or replacements is limited to those resulting from normal wear and tear. This means that if damage is caused by the franchisee's negligence, or by their employees, customers, invitees, vandals, or any other parties, Sunoco is not responsible for the costs. The franchisee is responsible for maintaining the property and equipment in good order.
As part of the franchise agreement, the franchisee is required to maintain a Preventive Maintenance (PM) contract, either with Sunoco or with a reputable independent contractor. If the franchisee chooses an independent contractor, they must provide a copy of the PM contract to Sunoco's Maintenance Department annually. This PM contract is essential for ensuring that equipment is regularly serviced, which can help prevent issues beyond normal wear and tear.
The Franchisee Maintenance Responsibility Schedule further clarifies the division of responsibilities. For instance, Sunoco is responsible for repairing or replacing structural steel, foundations, masonry, framework, and roofing. However, the franchisee is responsible for replacing broken or cracked glass in doors and windows, maintaining and repairing door hardware, and replacing lost keys. This schedule provides a clear understanding of who is responsible for specific maintenance tasks, helping to avoid disputes over repair costs.
Sunoco also retains the right to determine if a repair or replacement is needed. However, even if Sunoco assumes responsibility for a repair, the franchisee remains liable for any third-party claims arising from the state of disrepair. Additionally, the franchisee is responsible for any damage to Sunoco's equipment and premises, including damage caused by third parties, and must submit a Damage Report to Sunoco in the event of any damage.