Under what circumstances will Dq Treat's Acumera equipment be replaced at the Participating Location's expense?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
If any such Equipment fails during the Term of this agreement as a result of misuse, abuse, the fault or negligence of Participating Location or a third party, or due to an Act of God, it will be replaced by Acumera after payment to Acumera by Customer of the replacement cost of the item.
Title to any Equipment passes to Customer upon shipment (FOB Origin).
If any Equipment is not received by the Participating Location or is damaged in the shipping process, Acumera will replace that Equipment with no additional charge to the Participating Location.
If the Equipment fails for reasons other than misuse, abuse, or the fault or negligence of Participating Location or a third party, or an Act of God, it will be replaced by Acumera without additional payment from the Customer.
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 Dq Treat's 2025 Franchise Disclosure Document, if the Acumera equipment fails during the term of the agreement due to misuse, abuse, the fault or negligence of the Participating Location or a third party, or due to an Act of God, the equipment will be replaced at the Participating Location's expense. Specifically, Dq Treat will replace the equipment after the customer pays Dq Treat the replacement cost of the item.
This means that as a Dq Treat franchisee, you are responsible for the proper care and use of the Acumera equipment. Any damage or failure resulting from your actions, the actions of your employees or third parties, or external events like natural disasters will require you to pay for the replacement of the equipment. This could represent a significant unexpected cost, so it is important to ensure the equipment is properly protected and used according to the manufacturer's instructions.
However, if the Acumera Equipment is not received by the Participating Location or is damaged in the shipping process, Acumera will replace that Equipment with no additional charge to the Participating Location. Also, if the Equipment fails for reasons other than misuse, abuse, or the fault or negligence of Participating Location or a third party, or an Act of God, it will be replaced by Acumera without additional payment from the Customer.