What is the maximum aggregate liability of Speedline and its suppliers to a Beggars Pizza franchisee under the Speedline agreement?
Beggars_Pizza Franchise · 2025 FDDAnswer from 2025 FDD Document
IN NO EVENT SHALL SPEEDLINE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND; DAMAGES TO THE CUSTOMER'S COMPUTER, OTHER SOFTWARE, SYSTEMS, DATA, OR OTHER FACILITIES; DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS OR PECUNIARY LOSS; PUNITIVE DAMAGES; OR COSTS OF DATA STORAGE OR COMMUNICATIONS LINKS (INCLUDING ANY BACK-UP STORAGE OR LINKS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY UPDATES, EVEN IF SPEEDLINE OR THE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR LOSSES.
IN ANY CASE THE AGGREGATE AMOUNT OF SPEEDLINE'S AND THE SUPPLIERS' ENTIRE LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE UNDER ANY AND ALL PROVISIONS OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS MADE BY THE CUSTOMER TO SPEEDLINE UNDER THIS AGREEMENT.
THIS EXCLUSION OF LIABILITY ALSO INCLUDES ANY LIABILITY WHICH MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST THE CUSTOMER. THE PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF SPEEDLINE AND THE SUPPLIERS ARISING OUT OF THIS AGREEMENT.
Source: Item 23 — RECEIPT (FDD pages 39–192)
What This Means (2025 FDD)
According to the 2025 Beggars Pizza FDD, the Speedline agreement outlines specific limitations of liability for Speedline and its suppliers. The document states that in no event shall Speedline or its suppliers be liable for any special, indirect, consequential, or incidental damages. This includes damages to the customer's computer, software, systems, data, or other facilities, as well as damages for loss of business profits, business interruptions, loss of information, economic loss, punitive damages, or costs of data storage.
The maximum aggregate liability of Speedline and its suppliers is capped at the amount of all payments made by the customer (the Beggars Pizza franchisee) to Speedline under the agreement. This limitation applies regardless of whether the claim arises in contract, tort (including negligence), or otherwise under any provisions of the agreement. This exclusion of liability extends to any claims against the franchisee by third parties.
This provision is designed to limit the potential financial exposure of Speedline and its suppliers under the agreement. It is important for a prospective Beggars Pizza franchisee to understand this limitation, as it defines the extent to which they can recover damages from Speedline or its suppliers in case of any issues with the software or services provided. Franchisees should consult with legal counsel to fully understand the implications of this clause.