To whom do all warranties extend regarding the Cool Binz software?
Cool_Binz Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor warrants that the Product, when delivered to Licensee, shall be free from material defects and shall conform to the program documentation. Licensee acknowledges that the Product is of a complexity that it may have certain defects when
Source: Item 23 — RECEIPTS (FDD pages 63–238)
What This Means (2025 FDD)
According to Cool Binz's 2025 Franchise Disclosure Document, the warranty for the COOL BINZ Franchise Management Software System (referred to as "Product" or "COOL BINZ Software") is explicitly extended to the Licensee, which in this case is the franchisee. Cool Binz warrants that the Product will be free from material defects and will conform to the program documentation when delivered to the Licensee.
This warranty is limited and does not extend to other parties, even if they are using the same computer as the franchisee. This means that only the franchisee who has the license agreement with Cool Binz can claim the warranty benefits if the software is defective or doesn't conform to the documentation upon delivery. The franchisee acknowledges that the software may have certain defects when delivered due to its complexity.
This is a fairly standard practice in franchising, where software warranties are typically limited to the direct licensee to control liability and ensure proper usage and maintenance of the software. A prospective Cool Binz franchisee should carefully review the program documentation to understand the scope and limitations of this warranty, and what constitutes a material defect. They should also inquire about the process for reporting and resolving warranty claims to ensure a smooth experience if issues arise with the COOL BINZ Software.