Does Bonchon warrant that the operation of the licensed software will be uninterrupted or error-free?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
LICENSOR DOES NOT REPRESENT OR WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR MEET ANY SPECIFIC REQUIREMENTS, THAT THE SOFTWARE WILL BE FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO AGENT OF LICENSOR IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF LICENSOR AS SET FORTH HEREIN. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER; PROVIDED, HOWEVER, THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY AND SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT THIS DISCLAIMER MAY NOT APPLY TO LICENSEE. TO THE EXTENT THAT LICENSOR MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.
Source: Item 23 — RECEIPTS (FDD pages 92–536)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, Bonchon does not warrant that the operation of the licensed software will be uninterrupted or error-free. Bonchon also does not guarantee that the software will be free of viruses, worms, harmful components, or other program limitations, nor that any defects or errors in the software will be corrected. This disclaimer of warranty is an essential part of the franchise agreement.
This means a Bonchon franchisee accepts the risk that the software provided may experience interruptions, errors, or contain harmful components. The franchisee also acknowledges that Bonchon is not obligated to correct any defects or errors in the software. This could potentially lead to operational challenges, requiring the franchisee to find solutions independently or bear the costs associated with downtime and troubleshooting.
Bonchon also limits its liability for damages arising from the use or inability to use the licensed software. This includes damages for loss of goodwill, work stoppage, computer failure, business interruption, or any other commercial losses. Even if Bonchon has been advised of the possibility of such damages, they will not be held liable. However, the FDD notes that some states or jurisdictions do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so this disclaimer may not fully apply to every franchisee.