How is service of process deemed to have been completed for Cornwell Quality Tools?
Cornwell_Quality_Tools Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Any notice required to be given under this Agreement or service of process for the purposes of arbitration or litigation of issues arising out of it, shall be given to Cornwell at 667 Seville Road, Wadsworth, Ohio 44281 and to First Dealer and Second Dealer, if applicable, at the address or addresses last provided by them to Cornwell. Service on Cornwell, First Dealer, or Second Dealer shall conclusively be deemed to have been completed for all purposes if made by regular U.S. mail or any other usual and reliable form of delivery to the address last given. The parties will continue to have the obligation to notify one another of any change of address during and after the termination of this Agreement, if they wish to be assured of the receipt of notices and service of process, and they expressly waive any objection to notice provided or service made to the last address they have given.
Source: Item 23 — RECEIPT (FDD pages 101–373)
What This Means (2025 FDD)
According to Cornwell Quality Tools' 2025 Franchise Disclosure Document, service of process is considered complete when delivered by regular U.S. mail or any other usual and reliable delivery method to the last address provided by the involved party. This applies to both Cornwell Quality Tools and its dealers (First Dealer and Second Dealer, if applicable). The address used is the one most recently provided by the dealer to Cornwell. Cornwell Quality Tools' address is 667 Seville Road, Wadsworth, Ohio 44281.
This means that if a franchisee needs to send a legal notice or is involved in arbitration or litigation with Cornwell Quality Tools, sending the documents to the company's official address via regular mail is sufficient for the service to be considered complete. Similarly, if Cornwell Quality Tools needs to serve a franchisee, they will send it to the franchisee's last known address.
It is crucial for both Cornwell Quality Tools and its franchisees to keep each other informed of any address changes, both during the term of the agreement and after termination. Failure to do so could result in important notices or legal documents being sent to the wrong address, but service will still be deemed complete if sent to the last known address. The parties expressly waive any objection to notice provided or service made to the last address they have given.
This clause streamlines the legal notification process, ensuring that parties can rely on mail or reliable delivery services for official communication. However, it places the onus on both parties to maintain accurate and updated contact information to avoid potential complications arising from outdated addresses.