Is Ella Cafe responsible for delays, damages, or defects relating to a franchisee's purchases of Approved Brands or from Designated Suppliers?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
- 8.3 Alternate Input Approval. Franchisor will provide Franchisee a list of Designated Suppliers and Approved Brands and may, from time to time, modify the list of Designated Suppliers and/or Approved Brands. Franchisee must promptly comply with all such modifications. Franchisor is not responsible for any delays, damages, events of Force Majeure, or defects relating to Franchisee's purchases of Approved Brands or of goods or services from Designated Suppliers. Franchisor is not responsible for any cost increases related to increases in material costs, commodity prices, shipping and transportation costs, or other costs. Additionally, Franchisor makes no warranties concerning the freshness, quality, or shelf-life of any product sold by Designated Suppliers and expressly disclaims all implied warranties with respect to products sold by Designated Suppliers, including the warranty of merchantability and/or fitness for a particular use. Franchisee is solely responsible for inspecting all products and ingredients and determining their fitness for sale or use. Franchisee hereby waives all claims against Franchisor arising out of or relating to the quality and/or fitness of Approved Products or products supplied by Designated Suppliers.
Source: Item 22 — CONTRACTS (FDD page 50)
What This Means (2024 FDD)
According to Ella Cafe's 2024 Franchise Disclosure Document, Ella Cafe is not responsible for any delays, damages, or defects related to a franchisee's purchases from approved brands or designated suppliers. The FDD states that Ella Cafe is not responsible for delays, damages, or events of Force Majeure, or defects relating to Franchisee's purchases of Approved Brands or of goods or services from Designated Suppliers.
Furthermore, Ella Cafe is not responsible for cost increases related to material costs, commodity prices, shipping, or transportation costs. Ella Cafe also disclaims all implied warranties regarding the freshness, quality, or shelf-life of products sold by designated suppliers, including warranties of merchantability and fitness for a particular use.
The franchisee is solely responsible for inspecting all products and ingredients to determine their fitness for sale or use and waives all claims against Ella Cafe arising from the quality or fitness of approved products or products supplied by designated suppliers. This means that franchisees bear the risk of non-conforming goods and must conduct their own due diligence when accepting deliveries.