What is the Beverly Anns Cookie borrower's responsibility regarding the equipment manufacturer's warranty?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
YOU AGREE THAT WE HAVE NOT MANUFACTURED THE EQUIPMENT OR LICENSED THE EQUIPMENT AND THAT YOU HAVE SELECTED THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT.
YOU HAVE NOT RELIED ON ANY STATEMENTS WE OR OUR EMPLOYEES HAVE MADE.
WE HAVE NOT MADE AND DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW.
You are aware of the name of the Equipment manufacturer.
You agree to contact the manufacturer for a description of your warranty rights.
Provided you are not in default under this Loan, you may enforce all warranty rights directly against the manufacturer of this Equipment.
You agree to settle any dispute you may have regarding performance of the Equipment directly with the manufacturer of the Equipment.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, the franchisee, as the borrower, acknowledges that Beverly Anns Cookie has not provided any warranties on the equipment and that the franchisee has selected the equipment based on their own judgment and without relying on any statements from Beverly Anns Cookie. The equipment is being used in "AS-IS" condition.
The franchisee is responsible for contacting the equipment manufacturer to obtain a description of their warranty rights. If the franchisee is not in default under the loan agreement, they have the right to enforce all warranty rights directly against the manufacturer of the equipment.
Furthermore, the franchisee agrees to settle any disputes regarding the performance of the equipment directly with the manufacturer. This means that Beverly Anns Cookie franchisees must handle any issues with the equipment's functionality or defects directly with the manufacturer and cannot hold Beverly Anns Cookie responsible for these issues.