Is the 7 Brew Unit required to be constructed in a good and workmanlike manner?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
- (c) The Unit will be constructed with high quality materials and in a good and workmanlike manner, and the Unit shall be built and constructed under the direct supervision of Manufacturer.
Manufacturer hereby provides a warranty that the Unit shall be free from material defects and shall be constructed in a good and workmanlike manner (the "Warranty").
Such Warranty shall exist for one (1) year following the Completion Date (the "Warranty Period") but
shall expressly exclude any defects resulting from the installation of the Unit by Owner or Owner's agent. If Owner believes there exists a defect in the Unit, Manufacturer shall have the right to inspect the Unit and determine whether it believes any such defect exists in accordance with Owner's statements and belief. If such a defect exists, Manufacturer will remedy such breach of the Warranty by repairing or replacing such defective portion of the Unit at Manufacturer's sole cost and expense. Manufacturer's remedial obligations will be performed promptly and in a period consistent with Owner's reasonable requirements, time being of the essence. If Manufacturer fails or refuses to perform such repair or replacement promptly and in accordance with Owner's reasonable requirements, Owner may cause such defect to be repaired or replaced and Manufacturer shall reimburse Owner for the reasonable costs and expenses incurred by Owner related thereto.
(d) EXCEPT AS OTHERWISE EXPLICITLY SET FORTH IN THIS AGREEMENT, OWNER ACKNOWLEDGES THAT THE UNIT SOLD HEREUNDER IS PURCHASED BY THE OWNER IN ITS "AS IS, WHERE IS" CONDITION AT THE MANUFACTURING SITE AND MANUFACTURER IS NOT PROVIDING ANY WARRANTY FOR THE UNIT INCLUDING, BUT NOT LIMITED TO, AN IMPLIED WARRANTY THAT THE UNIT IS OF MERCHANTIBLE QUALITY OR THAT THE UNIT CAN BE USED FOR ANY PARTICULAR PURPOSE.
Source: Item 23 — RECEIPTS (FDD pages 83–279)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, the Unit must be constructed with high-quality materials and in a good and workmanlike manner. The construction must be under the direct supervision of the Manufacturer. 7 Brew also provides a warranty that the Unit will be free from material defects and constructed in a good and workmanlike manner. This warranty lasts for one year following the Completion Date.
However, the warranty excludes defects resulting from installation by the franchisee or their agent. If a defect is believed to exist, 7 Brew has the right to inspect the Unit to determine if a defect exists. If a defect is confirmed, 7 Brew will remedy the breach of warranty by repairing or replacing the defective portion at its own cost and expense. This repair or replacement will be performed promptly to meet the franchisee's reasonable requirements.
If 7 Brew fails to perform the repair or replacement promptly, the franchisee may have the defect repaired or replaced themselves and be reimbursed by 7 Brew for the reasonable costs incurred. Despite the warranty, the document states that the Unit is purchased "AS IS, WHERE IS" at the manufacturing site, and 7 Brew does not provide any implied warranty of merchantability or fitness for a particular purpose, except as explicitly stated in the agreement.