Does City Wide warrant that the Technology System is error-free?
City_Wide Franchise · 2025 FDDAnswer from 2025 FDD Document
City Wide does not represent or warrant to Franchisee, and expressly disclaims, any warranty that the Technology System is error-free or that the operation and use of the Technology System by Franchisee will be uninterrupted or error-free. City Wide shall not have any obligation or liability for any expense or loss incurred by Franchisee arising from use of the Technology System in conjunction with any other computer software.
EXCEPT AS PROVIDED ABOVE, CITY WIDE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, AND EXPRESSLY EXCLUDES ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, OR CLAIM OF INFRINGEMENT.
Source: Item 22 — CONTRACTS (FDD page 65)
What This Means (2025 FDD)
According to City Wide's 2025 Franchise Disclosure Document, City Wide explicitly disclaims any warranty that its Technology System is error-free or that its operation will be uninterrupted. This means a franchisee cannot hold City Wide liable for any expenses or losses incurred due to errors or interruptions in the Technology System's use.
City Wide also states it is not liable for any issues arising from the Technology System's use in conjunction with other software. This disclaimer extends to all warranties, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement.
This lack of warranty is a significant risk factor for prospective franchisees. While City Wide provides IT services, including software upgrades and modifications, the franchisee bears the risk of system errors or interruptions impacting their business operations. It is common in franchising for technology systems to have some level of warranty or service level agreement, so this is something a prospective franchisee should carefully consider and discuss with City Wide.