Does TMC provide any express or implied warranties regarding the Equipment for a Circle K franchise?
Circle_K Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.3 Equipment Warranty Disclaimer.
FRANCHISEE SPECIFICALLY ACKNOWLEDGES AND AGREES THAT TMC MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING MERCHANTABILITY OR FITNESS OF USE OF THE EQUIPMENT FOR ANY PURPOSE WHATSOEVER.
Source: Item 22 — CONTRACTS (FDD page 100)
What This Means (2025 FDD)
According to Circle K's 2025 Franchise Disclosure Document, TMC makes no express or implied warranty regarding the equipment. The franchisee specifically acknowledges and agrees that TMC makes no express or implied warranty regarding the merchantability or fitness of use of the equipment for any purpose whatsoever.
Circle K franchisees are solely responsible for the ongoing maintenance and repair of the equipment and all related hardware. This includes the replacement of items such as ink, ribbons, invoice tickets, pin pads, cleaning cards, and papers for terminals. TMC is not responsible to the franchisee for any loss of funds or profits resulting from tampering, malfunction, or failure of the equipment to operate properly.
The franchisee is also responsible for paying 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. This means that franchisees bear the full financial burden of keeping their equipment operational and up-to-date, which is a common practice in franchising where franchisees often handle day-to-day operational costs.