Where must the Cornwell Quality Tools agreement be accepted for a modification to be effective?
Cornwell_Quality_Tools Franchise · 2025 FDDAnswer from 2025 FDD Document
The undersigned, individually and/or collectively, having a franchised dealership of Cornwell Quality Tools products and (if applicable) the individual owner or owners of such dealership if it is an entity, as active partners in the operation of the business (individually and/or collectively referred to as "Dealer"), hereby orders and agrees to purchase from CORNWELL QUALITY TOOLS COMPANY, an Ohio Corporation ("Cornwell"), the inventory and other property to be delivered to Dealer by Cornwell and described on documentation to be sent to Dealer at the times of shipment (the "Inventory"). This order will become binding and effective when accepted in writing by Cornwell in Ohio.
Source: Item 23 — RECEIPT (FDD pages 101–373)
What This Means (2025 FDD)
According to the 2025 Cornwell Quality Tools Franchise Disclosure Document, the Dealer Purchase Order, Note, and Security Agreement becomes binding and effective when accepted in writing by Cornwell Quality Tools in Ohio. This applies to the Special Representative DSA Dealer Purchase Order, Note and Security Agreement, the Franchise Developer DSA Dealer Purchase Order, Note and Security Agreement, and the standard Dealer Purchase Order, Note, and Security Agreement.
This means that any modifications or amendments to the agreement are only valid once Cornwell Quality Tools formally approves them in writing at their Ohio headquarters. For a prospective franchisee, this highlights the importance of ensuring all agreed-upon terms and conditions are documented in writing and officially accepted by Cornwell Quality Tools to avoid potential misunderstandings or disputes.
This requirement protects both the franchisee and Cornwell Quality Tools by ensuring a clear, documented agreement. It also emphasizes that verbal agreements or understandings are not sufficient and that the franchisee should always seek written confirmation from Cornwell Quality Tools for any changes to the original agreement. This is a fairly standard practice in franchising, as it provides a clear point of reference for both parties and helps to avoid ambiguity.