Does Burros Fries offer an express written warranty for computer hardware or software?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
WE MAKE NO WARRANTIES REGARDING ANY VENDOR EQUIPMENT, PRODUCTS OR SUPPLIES, AND HEREBY DISCLAIM THE IMPLIED WARRANTY OF
MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF QUALITY OF COMPUTER PROGRAMS, THE IMPLIED WARRANTY OF SYSTEM INTEGRATION, AND THE IMPLIED WARRANTY OF INFORMATION CONTENT. WE MAKE NO WARRANTY THAT ANY VENDOR PROVIDED SOFTWARE WILL BE BUG FREE, VIRUS FREE, OR FREE OF TROJAN HORSES OR FREE OF WORMS. FRANCHISEE HEREBY AGREES THAT SUCH DISCLAIMER IS AN ESSENTIAL PART OF THE BARGAIN, AND THAT THE FRANCHISOR WOULD NOT HAVE ENTERED INTO THIS TRANSACTION ABSENT SUCH DISCLAIMER. Any claim with respect to any vendor-related and/or similar matters shall be made only against the vendor in question. Franchisee will provide us with written notice prior to taking any action in connection with such a claim. We will use diligent efforts to assist Franchisee in resolving any disputes with vendors approved and/or designated by us.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, Burros Fries does not provide any warranties regarding vendor equipment, products, or supplies. Specifically, Burros Fries disclaims the implied warranty of merchantability, fitness for a particular purpose, quality of computer programs, system integration, and information content. Burros Fries also makes no warranty that any vendor-provided software will be bug-free, virus-free, or free of Trojan horses or worms.
This disclaimer is a crucial part of the agreement, and Burros Fries would not enter into the transaction without it. Franchisees agree that any claims related to vendor matters should be made directly against the vendor. However, Burros Fries will assist franchisees in resolving disputes with approved vendors.
This means that as a Burros Fries franchisee, you are responsible for resolving any issues with computer hardware or software directly with the vendor. While Burros Fries will offer assistance in these disputes, they do not guarantee the performance or quality of any vendor-provided equipment or software. This places the onus on the franchisee to carefully evaluate and select vendors, and to understand the terms and conditions of any warranties offered by those vendors.