For Brightstar Care franchisees, does the Limitation on and Exclusion of Damages clause apply to breaches of Microsoft's limited warranty?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
The Limitation on and Exclusion of Damages clause above applies to breaches of this limited warranty.
- LIMITATION ON AND EXCLUSION OF DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software except for claims covered by Section 19. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental
damages.
This limitation applies to
- anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
- claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if
- · repair, replacement or a refund for the software does not fully compensate you for any losses; or
- Microsoft knew or should have known about the possibility of the damages.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, the Limitation on and Exclusion of Damages clause applies to breaches of Microsoft's limited warranty. Specifically, franchisees can recover from Microsoft and its suppliers only direct damages up to the amount paid for the software, except for claims covered by Section 19.
The document states that franchisees cannot recover any other damages, including consequential, lost profits, special, indirect, or incidental damages. This limitation applies to anything related to the software, services, content (including code) on third-party Internet sites, or third-party programs, as well as claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
This exclusion applies even if repair, replacement, or a refund for the software does not fully compensate the franchisee for any losses, or if Microsoft knew or should have known about the possibility of the damages. However, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply in all locations.