What section of the Ben Jerrys Franchise Agreement outlines warranty and customer service requirements?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 22: CONTRACTS]
- 7.28 Whenever OPERATOR independently, or by notice by BEN & JERRY'S, customer or by any local or federal governmental agency becomes aware that any Product, or any ingredient or component thereof, is or may become harmful to persons or property, or that the Product is defective in any manner which is or may become harmful to persons or property, or that the same is mislabeled, it shall immediately give notice of such problem or defect to BEN & JERRY'S and shall provide all information in its possession with respect to such problem or defect.
If BEN & JERRY'S deems it necessary to recall any quantity of the Product from OPERATOR's Scoop Shop, or from any customer, for any reason bearing on the quality and/or safety of the Product, OPERATOR agrees to take such steps as may be required by applicable law to protect the interests of the public, and such additional steps as BEN & JERRY'S may specify in its reasonable discretion, and to comply diligently with all product recall procedures established by the competent governmental agency responsible for such recalls.
If OPERATOR fails or refuses to comply with a recall of the Products upon request by BEN & JERRY'S, BEN & JERRY'S shall be authorized to take such action as it deems necessary to recall the relevant Products from the Scoop Shop and from customers, and OPERATOR shall reimburse BEN & JERRY'S for its costs and expenses incurred in such recall procedure.
Any such action taken by BEN & JERRY'S shall not relieve OPERATOR of its obligations or liability hereunder.
If a recall is caused by a defect in the Ben & Jerry's Products, BEN & JERRY'S shall reimburse OPERATOR as provided by Section 3.8.3.
[Item 22: CONTRACTS]
21. APPROVALS AND WAIVERS
- 21.2 BEN & JERRY'S makes no warranties or guarantees upon which OPERATOR may rely, and assumes no liability or obligation to OPERATOR, by providing any waiver, approval, consent, or suggestion to OPERATOR in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor.
Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 41–43)
What This Means (2025 FDD)
Based on the 2025 Ben & Jerry's Franchise Disclosure Document, Section 7.28 of Item 22 (Contracts) within the Franchise Agreement addresses customer service and product-related issues. This section stipulates that if a Ben & Jerry's operator becomes aware of a product defect or potential harm, they must immediately notify Ben & Jerry's and provide all relevant information.
Furthermore, if Ben & Jerry's deems it necessary to recall any product due to quality or safety concerns, the operator must comply with all legal requirements and any additional steps specified by Ben & Jerry's. Failure to comply with a recall request authorizes Ben & Jerry's to take necessary actions to recall the products, with the operator responsible for reimbursing Ben & Jerry's for the associated costs.
Additionally, Section 21.2 states that Ben & Jerry's makes no warranties or guarantees upon which the operator may rely, and assumes no liability or obligation to the operator, by providing any waiver, approval, consent, or suggestion to the operator in connection with this Agreement, or by reason of any neglect, delay, or denial of any request therefor. This highlights the importance of the franchisee's role in maintaining product safety and customer service standards, as well as understanding the limitations of franchisor liability regarding warranties and guarantees.