What is the customer's required action if the Remax software materially fails to comply with the warranty?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
7.2 If, during the period specified in Section 7.1, any Software materially fails to comply with the warranty in Section 7.1, and such failure is not excluded from warranty pursuant to Section 7.1, Licensor shall, subject to Customer's promptly notifying Licensor in writing of such failure, at its sole option, promptly upon receipt of such notice repair or replace the Software, provided that Customer provides Licensor with all information Licensor requests to resolve the reported failure, including making reasonable efforts to provide sufficient information to enable the Licensor to recreate such failure. In addition to complying with the notice provisions of this Agreement, such notice will refer to this Agreement or mention a breach of warranty or similar language. Failure to provide notice as described in this section or delay of such notice will not impact the validity of the Customer's claim or Licensor's obligations under this Section 7.2 except in the case that such failure or delay prejudices the Licensor.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, if the software materially fails to comply with the warranty, the customer must promptly notify Remax's licensor in writing of the failure. This notification should also refer to the agreement or mention a breach of warranty.
In addition to providing written notice, the customer must provide all information the licensor requests to resolve the reported failure. This includes making reasonable efforts to provide sufficient information to enable the licensor to recreate the failure.
It is important to note that failure or delay in providing notice will not impact the validity of the customer's claim or the licensor's obligations, unless such failure or delay prejudices the licensor. The document specifies that the licensor has the option to repair or replace the software upon receiving the notice.