When is interest payable on disputed sums under the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
In relation to payments disputed in good faith, interest under this clause is payable only after the dispute is resolved, on sums found or agreed to be due, from the due date until payment.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, interest on disputed payments is only payable after the dispute is resolved. Specifically, if a franchisee disputes a payment in good faith, interest accrues from the original due date until the payment is made, but only on the portion of the payment that is ultimately determined to be due.
This means that Bevaris Alliance franchisees have some protection against paying interest on amounts they genuinely dispute. However, it's important to note that interest will still be charged on any portion of the disputed amount that is eventually found to be owed. The interest rate applied to overdue amounts is 10% per annum, or the maximum percentage allowed by law, whichever is greater.
This clause encourages franchisees to resolve disputes promptly, as interest will continue to accrue on any outstanding balance once the dispute is settled. Franchisees should ensure they have a legitimate basis for disputing a payment to avoid potential interest charges. It is also important to note that the interest is calculated on a daily basis.