For Ben Jerrys, when are notices sent by certified mail considered to be received?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
9.2 Notices shall be deemed to have been received as follows: by personal service – at the time of service; by overnight delivery service – on the next business day following the date on which the Notice was given to the overnight delivery service; and certified mail – three (3) days after the date of mailing.
Source: Item 23 — RECEIPTS (FDD pages 134–358)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, any notices that are required or permitted must be in writing. If these notices are sent via certified mail, they are considered to be received three days after the date they were mailed.
This is important for a prospective Ben Jerrys franchisee to understand because it sets a clear timeline for when official communications are considered to have been received, regardless of when they are actually opened or read. This can impact deadlines and obligations under the franchise agreement.
For example, if Ben Jerrys sends a notice of default by certified mail, the franchisee will be considered to have received it three days after mailing, even if they don't pick it up from the post office until a week later. This could trigger a cure period or other time-sensitive requirements, so it's crucial to be aware of this provision.