factual

Are there any warranties provided by the lender for the equipment under the Beverly Anns Cookie loan?

Beverly_Anns_Cookie Franchise · 2025 FDD

Answer 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 Beverly Anns Cookie's 2025 Franchise Disclosure Document, the lender provides no warranties for the equipment. The loan agreement stipulates that the equipment is provided "as-is," meaning the franchisee accepts the equipment in its current condition at the time of purchase. Beverly Anns Cookie franchisees acknowledge that the lender has not manufactured or licensed the equipment and that the franchisee has selected the equipment based on their own judgment, not relying on any statements from the lender or its employees.

Beverly Anns Cookie explicitly disclaims all express or implied warranties, including merchantability, fitness for a particular purpose, suitability, design, condition, durability, operation, quality of materials or workmanship, or compliance with applicable law. The franchisee is responsible for contacting the equipment manufacturer directly to understand their warranty rights. Any disputes regarding the equipment's performance must be settled directly with the manufacturer.

This arrangement is not uncommon in franchise lending, where the lender's primary role is to provide financing rather than vouching for the equipment's quality. It is crucial for a prospective Beverly Anns Cookie franchisee to conduct thorough due diligence on the equipment, understand the manufacturer's warranty, and factor in potential repair and maintenance costs. This disclaimer of warranties underscores the importance of independent equipment assessment before finalizing the loan and accepting the equipment.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.