What warranties, express or implied, does Brightstar Care disclaim with regard to the ABS or any third-party materials?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.8.5 WE, BRIGHTSTAR TECHNOLOGY, AND OUR RESPECTIVE AFFILIATES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO THE ABS OR ANY THIRD-PARTY MATERIALS.
WE, BRIGHTSTAR TECHNOLOGY, AND OUR RESPECTIVE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES RELATED TO THE ABS, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INTER-OPERABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR THOSE ARISING FROM TRADE USAGE OR COURSE OF DEALING.
WE, BRIGHTSTAR TECHNOLOGY, AND OUR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE ABS WILL BE FREE FROM DEFECTS OR MISTAKES (INCLUDING REGARDING WAGE AND HOUR LAWS OR OTHER FEDERAL, STATE, AND LOCAL LAWS) OR THAT USE OF THE ABS WILL BE UNINTERRUPTED OR ERROR FREE.
Source: Item 22 — CONTRACTS (FDD pages 117–118)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, Brightstar Care, BrightStar Technology, and their affiliates make no warranty of any kind regarding the Athena Business System (ABS) or any third-party materials. This disclaimer applies to both express and implied warranties.
Specifically, Brightstar Care disclaims all warranties related to the ABS, whether express or implied, written or oral. This includes, but is not limited to, implied warranties of merchantability, inter-operability, fitness for a particular purpose, non-infringement, and quiet enjoyment. The disclaimer also covers warranties arising from trade usage or course of dealing.
Furthermore, Brightstar Care does not warrant that the ABS will be free from defects or mistakes, including those related to wage and hour laws or other federal, state, and local laws. They also do not guarantee that the use of the ABS will be uninterrupted or error-free. This means a franchisee cannot hold Brightstar Care liable if the ABS malfunctions or provides incorrect information.