What is the remedy for a breach of warranty regarding the software provided to Brightstar Care franchisees?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
itional consumer rights under your local laws, which this agreement cannot change.
- F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
- United States and Canada. For warranty service or information about how to obtain a refund for software
acquired in the United States and Canada, contact Microsoft at
- (800) MICROSOFT;
- · Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
- visit www.microsoft.com/info/nareturns.htm.
- Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft
Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact\neither
- Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
- the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
- Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
- United States and Canada. For warranty service or information about how to obtain a refund for software
acquired in the United States and Canada, contact Microsoft at
- G. NO OTHER WARRANTIES. The limited warranty is the only direct warranty from Microsoft. Microsoft gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Source: Item 23 — RECEIPTS (FDD pages 118–387)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Microsoft Ireland Operations Limited provides a limited warranty for the software. To make a claim under this warranty, a franchisee should contact either Microsoft Ireland Operations Limited in Dublin, or the Microsoft affiliate serving their country. For franchisees outside the United States, Canada, Europe, the Middle East, and Africa, they should contact the Microsoft affiliate serving their country, as listed on Microsoft's website.
The document specifies that the limited warranty from Microsoft is the only direct warranty provided. Microsoft offers no other express warranties, guarantees, or conditions. Where local laws permit, Microsoft excludes implied warranties of merchantability, fitness for a particular purpose, and non-infringement. However, if local laws provide any implied warranties, guarantees, or conditions despite this exclusion, the remedies available are described in the Remedy for Breach of Warranty clause, to the extent allowed by local laws.
The document also states that the Limitation on and Exclusion of Damages clause applies to breaches of this limited warranty. The warranty provides specific legal rights, and franchisees may have other rights that vary by state or country. It is important for prospective Brightstar Care franchisees to understand that Microsoft's warranty terms, including limitations and exclusions, will govern any software-related issues. Franchisees should consult with legal counsel to understand their rights and remedies under local laws.