Who is responsible for the ongoing maintenance and repair of the Equipment at a Circle K franchise?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
Equipment, TMC Software (as defined below), and Third-Party Software (as defined below) without TMC's prior written consent.
- 1.2 Equipment Use and Maintenance. The Equipment shall be used solely for the storage and transmission of point of sale data pertaining to the Store and such other uses as may be approved in advance by TMC. Franchisee is solely responsible for ongoing maintenance and repair of the Equipment and all related hardware. Franchisee is also solely responsible for the replacement of items, including, but not limited to, ink, ribbons, invoice tickets, pin pads, cleaning cards, and papers for terminals. TMC shall not be responsible to Franchisee for any loss of funds or profits resulting from tampering with, malfunction or failure of the Equipment to operate properly.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, the franchisee is solely responsible for the ongoing maintenance and repair of the Equipment and all related hardware. This includes the responsibility for replacing items such as ink, ribbons, invoice tickets, pin pads, cleaning cards, and paper for terminals. The Equipment is to be used for the storage and transmission of point of sale data pertaining to the store and other approved uses.
The Equipment includes electronic point of sale equipment and back office systems designated by TMC, the franchisor, to capture and transmit transaction data for credit and debit cards, gift cards, electronic messages, inventory management, purchase, and sales reporting. Franchisees must purchase or lease this equipment and upgrade or replace it as required by Circle K.
Circle K is not responsible for any loss of funds or profits resulting from tampering, malfunction, or failure of the Equipment. The franchisee also agrees to pay all license fees and other charges required by manufacturers and third-party software licensors for the use, operation, and maintenance of the Equipment, as well as any damages caused by the franchisee's negligence or misuse. Circle K makes no warranty regarding the merchantability or fitness of use of the equipment for any purpose whatsoever.