What is Engel & Volkers' obligation if a justified defect is reported?
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.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, if a purchaser of goods reports a justified defect, Engel & Volkers is obligated to address the issue. The purchaser must fulfill their obligations regarding investigation and complaint, and notify Engel & Volkers of any deficiencies in writing. The costs associated with any examination, such as analysis, will be the responsibility of the party for whom the outcome is unfavorable.
In the event of a justified and orderly notice of defects, Engel & Volkers is required to either exchange the goods or, if an exchange is not feasible, take the goods back and reimburse the purchase price. The notice of defects should only include the goods that are the subject of the complaint, without affecting the purchaser's obligation to accept the remaining quantity specified 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. This guarantee is in place of all other warranties, unless expressly stated, and may affect a franchisee's rights and remedies in case of defective goods.