What is the exclusive remedy for a Dq Treat participating location regarding defective equipment?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
Participating Location's exclusive remedies and PAR's sole liability with respect to the Equipment, including, without limitation, for breach of the limited warranty set forth in subsection (b) above, is expressly limited to repair or replacement of the Equipment.
These exclusive remedies shall not be deemed to have failed in their essential purpose so long as PAR is willing to repair or replace the defective Equipment.
These exclusive remedies are not limited to defects in hardware, software and/or services, but "defects" includes defects/mistakes in firmware, preset data programmed by PAR, and defects in documentation.
PARTICIPATING LOCATION ACKNOWLEDGES AND AGREES THAT THE REMEDIES HEREUNDER ARE PARTICIPATING LOCATION'S SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO ANY CLAIM BY PARTICIPATING LOCATION IN CONNECTION WITH OR RELATING TO THE EQUIPMENT PROVIDED HEREUNDER.
THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO PAR'S LIABILITY FOR ITS (OR ITS RESPECTIVE AGENTS AND/OR SUBCONTRACTORS) GROSS NEGLIGENCE OR WILFULL MISCONDUCT, VIOLATION OF LAW, FRAUD, INTELLECTUAL PROPERTY INFRINGEMENT, BODILY INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF ANY TANGIBLE PROPERTY.
Source: Item 17 — The following paragraph is added to the end of Item 17 of the Disclosure Document: (FDD pages 70–378)
What This Means (2025 FDD)
According to the 2025 Dq Treat Franchise Disclosure Document, the exclusive remedies available to a participating location, and the sole liability of PAR (presumably the equipment provider), regarding defective equipment are explicitly limited to the repair or replacement of the equipment. This applies to any breach of the limited warranty. This means that if equipment provided to the Dq Treat franchisee is defective, the franchisee's recourse is limited to having the equipment either repaired or replaced by PAR.
The FDD specifies that these exclusive remedies are considered to have fulfilled their essential purpose as long as PAR remains willing to either repair or replace the defective equipment. The definition of "defects" includes not only hardware and software issues but also problems with firmware, preset data programmed by PAR, and defects in documentation. This broad definition suggests that Dq Treat franchisees are covered for a wide range of potential equipment-related issues.
The document emphasizes that the remedies of repair or replacement are the franchisee's sole and exclusive options for any claim related to the equipment provided. However, these limitations do not apply to PAR's liability in cases of gross negligence, willful misconduct, violation of law, fraud, intellectual property infringement, bodily injury (including death), or damage to or loss of tangible property. This means that Dq Treat franchisees may have additional legal recourse beyond equipment repair or replacement in those specific situations.