What is the sole liability of Beyond Juicery Eatery and its affiliates for any warranties granted?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
EXCEPT AS EXCLUSIVELY SET FORTH IN WRITING, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD BY OR THROUGH US OR OUR AFFILIATES, INCLUDING THE IMPLIED WARRANTY OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE, LOSS OF PROFIT, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS AND SERVICES SOLD BY OR THROUGH US OR OUR AFFILIATES OR FOR ANY DAMAGES (REGARDLESS OF THEIR NATURE) CAUSED BY OUR FAILURE TO FULFILL OUR RESPONSIBILITIES UNDER THIS AGREEMENT. OUR AND OUR AFFILIATES' SOLE LIABILITY FOR ANY WARRANTIES GRANTED IS TO REPAIR OR REPLACE, AT OUR
- OR OUR AFFILIATES' OPTION, ANY PRODUCTS AND SERVICES SOLD BY OR THROUGH US AND OUR AFFILIATES THAT ARE NOT IN COMPLIANCE WITH THE WARRANTY.
WE AND OUR AFFILIATES' LIABILITY RELATING TO PRODUCTS AND SERVICES SOLD BY OR THROUGH US AND OUR AFFILIATES WILL IN NO EVENT EXCEED THE STATED SELLING PRICE OF THE PRODUCTS AND SERVICES TO YOU.
ANY WARRANTIES GRANTED WILL BE VOID AND OF NO FORCE AND EFFECT WITH RESPECT TO ANY PRODUCTS THAT ARE DAMAGED AS A RESULT OF (A) NEGLECT, ALTERATION OR ACCIDENT OR (B) IMPROPER USE, INCLUDING FAILURE TO FOLLOW OPERATING AND MAINTENANCE PROCEDURES SPECIFIED BY US AND OUR AFFILIATES.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the sole liability for any warranties granted by Beyond Juicery Eatery and its affiliates is to repair or replace, at their option, any products and services sold by or through them that do not comply with the warranty. This means that if a product or service provided by Beyond Juicery Eatery or its affiliates has a defect covered by a warranty, the franchisee's recourse is limited to having the item repaired or replaced.
This liability is further limited to the stated selling price of the products and services. Therefore, Beyond Juicery Eatery's financial responsibility will not exceed the amount the franchisee paid for the specific products or services in question. This protects Beyond Juicery Eatery from potentially larger claims related to consequential damages or losses.
The warranty becomes void if products are damaged due to neglect, alteration, accident, or improper use, including failure to follow operating and maintenance procedures specified by Beyond Juicery Eatery and its affiliates. As a franchisee, it is important to adhere to all operational guidelines to ensure that warranties remain valid. This also means that franchisees bear the risk of loss or damage due to factors outside of the company's direct control or manufacturing defects.
Prospective franchisees should carefully consider these limitations and understand the importance of proper product handling and adherence to operational procedures to maximize the benefits of any warranties provided. They may also want to inquire about specific warranty terms for key products and services to fully understand their rights and responsibilities.