How can the agreement between a dealer and Cornwell Quality Tools be modified?
Cornwell_Quality_Tools Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Cornwell may agree to waive any default, in its sole discretion, upon such terms as Cornwell determines. Without limiting the foregoing, Cornwell may require Dealer to agree to a modification of the Territory as a condition of waiving Dealer's failure to use best full-time efforts to serve the Territory fully. No action or failure to act on the part of Cornwell shall operate as a waiver or otherwise of the subsequent right to terminate Dealer, unless expressly so stated in writing.
Source: Item 23 — RECEIPT (FDD pages 101–373)
What This Means (2025 FDD)
According to Cornwell Quality Tools' 2025 Franchise Disclosure Document, Cornwell Quality Tools may agree to waive any default by a dealer, in its sole discretion, and upon terms that Cornwell Quality Tools determines. As a condition of waiving a dealer's failure to fully serve their territory, Cornwell Quality Tools may require the dealer to agree to a modification of the territory.
This means that while the standard agreement is in place, Cornwell Quality Tools retains the flexibility to adjust the terms under specific circumstances, particularly if a dealer is not meeting their obligations. This provides Cornwell Quality Tools with a mechanism to address performance issues and adapt the agreement to the realities of a particular territory.
It is important to note that any waiver of default or modification of the agreement is at Cornwell Quality Tools' discretion and may involve changes to key aspects of the franchise, such as the assigned territory. The FDD specifies that no action or inaction on Cornwell Quality Tools' part constitutes a waiver of their right to terminate the Dealer agreement unless it's expressly stated in writing.