When are notices given by email deemed to have been received for a Christian Brothers Automotive franchise?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
19.01 Notice. Except as expressly set forth to the contrary in this Agreement, all notices, requests or consents provided for or permitted to be given under this Agreement must be in writing and must be delivered to the recipient in person, by courier, certified mail return receipt requested or by similar transmission; and a notice, request or consent given under this Agreement is deemed delivered at the time of delivery by express courier or messenger service, 1 business day after sending by facsimile transmission or electronic mail and 3 business days after placed in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid and addressed to the party to be notified at its most current principal business address of which the notifying party has been advised, or to any other place designated by either party. Whenever any notice is required to be given by law or this Agreement, a written waiver thereof, signed by the Person entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such
Source: Item 23 — RECEIPTS (FDD pages 76–372)
What This Means (2025 FDD)
According to the 2025 Christian Brothers Automotive Franchise Disclosure Document, notices sent via electronic mail are considered delivered 1 business day after sending. This applies to any notices, requests, or consents required or permitted under the Franchise Agreement, unless explicitly stated otherwise within the agreement.
This means that for any official communication with Christian Brothers Automotive, franchisees should factor in this 1-business-day timeframe to ensure timely receipt and response. It is crucial for franchisees to maintain accurate records of sent and received emails, as this delivery timeframe could have implications for deadlines or other time-sensitive matters outlined in the agreement.
In addition to email, the agreement specifies other methods for delivering notices, including in person, by courier, certified mail return receipt requested, or by similar transmission. Each method has its own delivery timeframe: at the time of delivery by express courier or messenger service, or 3 business days after placed in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid.