factual

What warranties does Dq Treat disclaim to the fullest extent permitted by law in the agreement?

Dq_Treat Franchise · 2025 FDD

Answer from 2025 FDD Document

DISCLAIMER.

THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE REPRESENTATIONS AND WARRANTIES MADE BY THE PARTIES.

EACH PARTY EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

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 FDD, both parties to the agreement expressly disclaim all representations and warranties to the fullest extent permitted by law, except for those representations and warranties explicitly outlined in the agreement. This disclaimer encompasses all other representations and warranties, whether they are express, implied, or statutory.

Specifically, Dq Treat disclaims implied warranties of merchantability, which ensures that goods are of acceptable quality and fit for their intended purpose. They also disclaim fitness for a particular purpose, which guarantees that goods are suitable for the specific use the buyer intends. Additionally, Dq Treat disclaims warranties against non-infringement, which protects the buyer from claims that the goods infringe on any third-party rights, such as patents or trademarks, and title.

This means that franchisees are largely relying on the explicit terms of the franchise agreement and should carefully review those terms. The disclaimer of implied warranties places a greater burden on the franchisee to conduct thorough due diligence and seek legal advice to fully understand the risks and obligations involved in the franchise agreement. Franchisees should pay close attention to the representations and warranties that ARE included in the agreement, as those are the only guarantees they can rely upon.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.