Does Byrider offer any warranties beyond the limited warranty in Section 15?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Disclaimer of Warranties. THE LIMITED WARRANTY IN SECTION 15 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LICENSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES TO LICENSEE OR ANY THIRD PARTY OCCURRING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LICENSED SYSTEM OR ITS SERVICES UNDER THIS AGREEMENT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES. FURTHER, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE OF NATURE, EXCEPT AS PROVIDED IN SECTIONS 20 AND 21 BELOW. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES SHALL BE UNINTERRUPTED. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, ANY INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM DAMAGE TO DATA, OR DAMAGES DUE TO HACKING OR AN EMPLOYEE OF LICENSEE DAMAGING DATA/SYSTEM, OR ANY DAMAGES DUE TO OPERATION OF THE THIRD PARTY SOFTWARE, EVEN IF LICENSOR HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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- Retail Installment Sales and Security Contracts. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE VALIDITY, ACCURACY, APPROPRIATENESS, USEFULNESS OR OTHER ASPECTS OR CHARACTERISTICS OF ANY RETAIL INSTALLMENT SALES AND SECURITY CONTRACT CREATED BY LICENSEE USING THE LICENSED SYSTEM.
Source: Item 23 — Receipts (FDD pages 88–335)
What This Means (2025 FDD)
According to the 2025 Byrider Franchise Disclosure Document, the limited warranty described in Section 15 serves as the sole warranty provided by Byrider. The document explicitly states that this limited warranty is in place of all other warranties, whether expressed or implied. This includes common warranties such as those of merchantability or fitness for a particular purpose.
Byrider explicitly disclaims liability for any incidental or consequential damages to the franchisee or any third party that may arise from the use or performance of the licensed system or its services. This disclaimer applies even if Byrider has been advised of the possibility of such damages. Furthermore, Byrider is not liable for any direct or indirect damages, except as provided in Sections 20 and 21 of the agreement.
In addition, Byrider does not guarantee that the services provided will be uninterrupted and is not responsible for any loss of profits or damages resulting from data loss, hacking, employee damage to data/systems, or the operation of third-party software, even if Byrider was aware of the potential for such damages. Byrider also makes no representations or warranties regarding the validity, accuracy, appropriateness, usefulness, or other characteristics of any retail installment sales and security contract created by the franchisee using the licensed system.