Advance Auto Parts 2004 Annual Report Download - page 48
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NotestoConsolidatedFinancialStatements(continued)
FortheYearsEndedJanuary1,2005,January3,2004,andDecember28,2002(inthousands,exceptpersharedata)
AtJanuary1,2005andJanuary3,2004,futureminimum
sub-lease income to be received under non-cancelable
operatingleasesis$8,413and$9,487,respectively.
Netrentexpenseforfiscal2004,fiscal2003andfiscal
2002wasasfollows:
2004 2003 2002
Minimumfacilityrentals...... $169,449 $154,461 $140,929
Contingentfacilityrentals..... 1,201 1,395 1,059
Equipmentrentals.................. 5,128 5,117 6,112
Vehiclerentals....................... 6,007 7,104 6,419
181,785 168,077 154,519
Less:Sub-leaseincome......... (3,171) (3,223) (3,250)
$178,614 $164,854 $151,269
Rental payments to related parties of approximately
$3,044infiscal2004,$3,011infiscal2003and$3,168in
fiscal2002areincludedinnetrentexpenseforopenstores.
Rentexpenseassociatedwithclosedlocationsis included
inotherselling,generalandadministrativeexpenses.
16.InstallmentSalesProgram
A subsidiary of the Company maintains an in-house
financeprogram,whichoffersfinancingtoretailcustom-
ers.Financechargesof$2,257,$3,380and$3,901onthe
installmentsalesprogramareincludedin netsalesinthe
accompanying consolidated statements of operations for
the fiscal years ended January 1, 2005, January 3, 2004
andDecember28,2002,respectively.Thecostofadminis-
teringtheinstallmentsalesprogramisincludedinselling,
generalandadministrativeexpenses.
17.Contingencies
In the case of all known contingencies, the Company
accruesforanobligation,includingestimatedlegalcosts,
whenitisprobableandtheamountisreasonablyestimable.
As facts concerning contingencies become known to the
Company,theCompanyreassessesitspositionwithrespect
to accrued liabilities and other potential exposures.
Estimates that are particularly sensitive to future change
includetaxandlegalmatters,whicharesubjecttochange
as events evolve and as additional information becomes
availableduringtheadministrativeandlitigationprocess.
TheCompany’sWesternAutosubsidiary,togetherwith
other defendants, including automobile manufacturers,
automotive parts manufacturers and other retailers, has
beennamedasadefendantinlawsuitsalleginginjuryasa
result of exposure to asbestos-containing products. The
Company and some of its subsidiaries also have been
namedasdefendantsinmanyoftheselawsuits.Theplain-
tiffshave allegedthattheseproducts weremanufactured,
distributedand/orsoldbythevariousdefendants.Todate,
these products have included brake and clutch parts and
roofingmaterials.Manyofthecasespendingagainst the
Companyoritssubsidiariesareintheearlystagesofliti-
gation. The damages claimed against the defendants in
some of these proceedings are substantial. Additionally,
some of the automotive parts manufacturers named as
defendants in these lawsuits have declared bankruptcy,
which will limit plaintiffs’ ability to recover monetary
damages from those defendants. The Company believes
that it has valid defenses against these claims. The
Company also believes that most of these claims are at
leastpartiallycoveredbyinsurance.Basedondiscoveryto
date, the Company does not believe the cases currently
pendingwillhaveamaterialadverseeffectonit.However,
iftheCompanywastoincuranadverseverdictinoneor
moreoftheseclaimsandwasorderedtopaydamagesthat
werenotcoveredbyinsurance,theseclaimscouldhavea
material adverse affect on its operating results, financial
positionandliquidity.Ifthenumberofclaimsfiledagainst
theCompanyoranyofitssubsidiariesalleginginjuryasa
resultofexposuretoasbestos-containingproductsincreases
substantially, the costs associated with concluding these
claims,includingdamagesresultingfromanyadversever-
dicts,couldhaveamaterialadverseeffectonitsoperating
results,financialpositionandliquidityinfutureperiods.
The Company is also involved in various other claims
andlawsuitsarisinginthenormalcourseofbusiness.The
damages claimed against the Company in some of these
proceedingsaresubstantial.Althoughthefinaloutcomeof
these legal matters cannot be determined, based on the
factspresentlyknown,itismanagement’sopinionthatthe
finaloutcomeofsuchclaimsandlawsuitswillnothavea
material adverse effect on the Company’s financial posi-
tionorresultsofoperations.
TheCompanyisself-insuredforgeneralandautomobile
liability,workers’compensationandthehealthcareclaims
ofitsteammembers,althoughtheCompanymaintainsstop-
loss coverage with third-party insurers to limit its total
liability exposure. Liabilities associated with these losses
arecalculatedforclaimsfiledandclaimsincurredbutnot
yet reported at the Company’s estimate of their ultimate
cost based upon analyses of historical data, demographic
andseverityfactorsandvaluationsprovidedbythird-party
actuaries. Management monitors new claims and claim
developmentaswellasnegativetrendsrelatedtotheclaims