What is Microsoft's remedy for a breach of warranty regarding the software used by Brightstar Care?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
REMEDY FOR BREACH OF WARRANTY.
Microsoft will repair or replace the software at no charge.
If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software.
It will also repair or replace supplements, updates and replacement software at no charge.
If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any.
You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund.
These are your only remedies for breach of the limited warranty.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Microsoft's remedy for a breach of warranty is to repair or replace the software at no charge. If Microsoft is unable to repair or replace the software, they will refund the amount shown on the franchisee's receipt for the software. This also applies to supplements, updates, and replacement software. If Microsoft cannot repair or replace these, they will refund the amount the franchisee paid for them, if any.
To obtain a refund, the Brightstar Care franchisee must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase. The FDD states that these remedies are the franchisee's only recourse for a breach of the limited warranty.
The document also specifies that any implied warranties, guarantees, or conditions last only during the term of the limited warranty, to the extent permitted by law. However, some jurisdictions do not allow limitations on how long an implied warranty, guarantee, or condition lasts, so these limitations may not apply in all cases. The warranty does not cover problems caused by the franchisee's actions (or failures to act), the actions of others, or events beyond Microsoft's reasonable control.
Brightstar Care franchisees should be aware of these limitations and procedures for warranty claims related to the Microsoft software they use in their business. It is important to keep proof of purchase and follow the specified procedures to ensure they can obtain the appropriate remedy in case of a breach of warranty.