When are notices given by telecopy 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, a notice, request, or consent given under the Franchise Agreement is considered delivered one business day after sending by facsimile transmission or electronic mail. This applies to all notices, requests, or consents provided for or permitted to be given under the agreement, unless expressly stated otherwise.
This means that for any official communication related to the franchise agreement, such as notifications of breaches, requests for information, or any other formal consent, Christian Brothers Automotive will consider the notice to be officially received one business day after it was sent via fax or email. This timeframe allows for a prompt acknowledgment of receipt while also providing a defined point from which deadlines or response times may be calculated.
It is important for prospective franchisees to understand this clause, as it sets the standard for how official communications are handled. Franchisees should ensure that they regularly check their fax and email communications to avoid missing any important notices from Christian Brothers Automotive, as any deadlines or obligations will be calculated from the day following the transmission. This clear definition of when a notice is deemed 'delivered' helps to prevent misunderstandings and ensures that both parties are aligned on timelines for responding to requests or addressing issues.