Is Ella Cafe responsible for delays relating to a franchisee's purchases of Approved Brands or of goods or services from Designated Suppliers?
Ella_Cafe Franchise · 2024 FDDAnswer from 2024 FDD Document
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 delays relating to a franchisee's purchases of Approved Brands or of goods or services from Designated Suppliers.
Specifically, Ella Cafe is not responsible for any delays, damages, events of Force Majeure, or defects relating to a franchisee's purchases of Approved Brands or of goods or services from Designated Suppliers. Furthermore, Ella Cafe is not responsible for any cost increases related to increases in material costs, commodity prices, shipping and transportation costs, or other costs.
Additionally, Ella Cafe 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. The franchisee is solely responsible for inspecting all products and ingredients and determining their fitness for sale or use and waives all claims against Ella Cafe arising out of or relating to the quality and/or fitness of Approved Products or products supplied by Designated Suppliers.