Does Big O Tires accept any responsibility for the Subscription Services provided by Tekmetric?
Big_O_Tires Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee User acknowledges that (i) the Subscription Services are provided by Tekmetric and not Big O, (ii) Big O is not the supplier or provider of the Subscription Services or any other software or services of Tekmetric, and (iii) Tekmetric is not the agent of Big O.
Franchisee User hereby agrees that: (1) Franchisee User accepts the Subscription Services "AS-IS"; and (2) Big O disclaims all representations or warranties, express or implied, of any kind as to any matter whatsoever, including, without limitation, title, non-infringement, quality, design, condition, capacity, suitability, durability, operation, merchantability, performance, fitness for any particular purpose, or as to the material or workmanship of any of the Subscription Services.
No defect in, or unfitness of, the Subscription Services shall relieve Franchisee User of the obligation to pay any fee and any other amounts due under this SaaS User Agreement.
Franchisee User agrees that Big O is not liable, and Franchisee User will not assert any claim or interpose any offset or defense against Big O, related to the Subscription Services, including the quality or condition of the Subscription Services, their performance, specifications, merchantability or fitness for use.
Big O shall not be liable to Franchisee User for any loss, damage or expense of any kind or nature, caused directly or indirectly by the Subscription Services hereunder or by any defect or defects therein or by the use or maintenance thereof, or by the repair, servicing or adjustment thereof, or by any delay or failure to provide any thereof, or by any interruption of service or loss of use thereof, or by any loss of business whatsoever and howsoever caused.
Big O shall have no
- obligation to maintain, install, adjust, service, or take any other action concerning the Subscription Services.
Big O shall not be liable for any indirect, special or consequential damages howsoever arising.
Source: Item 23 — RECEIPTS (FDD pages 102–535)
What This Means (2025 FDD)
According to the 2025 Big O Tires Franchise Disclosure Document, Big O Tires does not accept responsibility for the Subscription Services provided by Tekmetric. The FDD states that Tekmetric provides the Subscription Services, not Big O Tires, and Tekmetric is not Big O's agent.
For a Big O Tires franchisee, this means that Big O Tires is not the supplier or provider of Tekmetric's software or services. The franchisee acknowledges that Big O Tires offers no representations or warranties regarding the Subscription Services, which the franchisee accepts "AS-IS." The franchisee remains obligated to pay all fees associated with the SaaS User Agreement, even if there are defects or unfitness in the Subscription Services.
Furthermore, the franchisee agrees not to assert any claims against Big O Tires related to the Subscription Services, including their quality, condition, performance, or fitness for use. Big O Tires is not liable for any loss, damage, or expense caused by the Subscription Services, including defects, delays, interruptions, or loss of business. Big O Tires also has no obligation to maintain, install, adjust, or service the Subscription Services and is not liable for any indirect, special, or consequential damages arising from them.