What are the conditions under which Engel & Volkers purchaser's guarantee claims for material defects are valid?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
The guarantee claims of the Purchaser as a result of material defects shall be subject to the latter having duly followed its obligations regarding investigation and complaint. We shall be notified of any deficiencies in writing. The costs of any examination, e.g. for analysis, shall be borne by the party for whom the outcome is disadvantageous. In the event of justified and orderly notice of defects, we shall be obliged to exchange the goods, or if this is not possible, to take the goods back and reimburse the purchase price. The notice of defects shall contain only the goods about which the complaint is being made, without affecting the acceptance obligation of the Purchaser regarding the remaining quantity in the contract. The goods, which have been complained about, may be sent back only with the express agreement of the Vendor and only to the address given by such Vendor.
FOR SALES BY FRANCHISOR OR ITS AFFILIATES, THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, a purchaser's guarantee claims for material defects are valid only if the purchaser has followed their obligations regarding investigation and complaint. Engel & Volkers must be notified of any deficiencies in writing. The costs of any examination, such as for analysis, will be borne by the party for whom the outcome is disadvantageous.
In the event of a justified and orderly notice of defects, Engel & Volkers is obligated to exchange the goods. If exchanging the goods is not possible, Engel & Volkers will take the goods back and reimburse the purchase price. The notice of defects should only include the goods about which the complaint is being made, without affecting the purchaser's obligation to accept the remaining quantity in the contract.
The goods that are being complained about can only be sent back with the express agreement of Engel & Volkers and only to the address provided by them. For sales by Engel & Volkers or its affiliates, the warranty mentioned above is in place of and excludes all other warranties not expressly stated, whether express or implied by law, including any implied warranties of merchantability or fitness.