factual

Who is responsible for repair or replacement work for Boulder Designs National Account projects?

Boulder_Designs Franchise · 2025 FDD

Answer from 2025 FDD Document

franchisee or its affiliate.

Franchisee shall not be awarded finder's fees or any other compensation for National Accounts projects that are completed in the Franchisee's Territory.

On all National Account projects Franchisee expressly agrees and shall be responsible for providing any repair or replacement work to the end client. Franchisee shall make such repairs or replacements within thirty (30) days, subject to reasonable work conditions due to climate after Franchisee is served a valid claim from the customer. Franchisee shall be responsible for the costs of any materials, overhead, and/or labor required to bring the products within the standards prescribed by the Franchisor. In the event Franchisee fails to make any repairs or replacements as required hereunder, the Franchisor may undertake and/or arrange for such repair or replacements and charge Franchisee for the cost of effecting such repairs or replacements, including costs for labor, materials and overhead.

Simultaneously with the execution of this Agreement, Franchisee shall participate in Franchisor's current National Account the National Headstone Program by execution the National Headstone Program Agreement in the form attached hereto and incorporated herein as Exhibit 11 ("National Headstone Program Agreement"). Franchisee agrees to comply with all terms and provisions of the National Headstone Program Agreement. In lieu of the 20% National Accounts Fee, the Franchisor shall have the right to collect a deposit due per project. The deposit is based on template and materials selected by the customer and could vary based on the total project cost. Upon the Franchisee's acceptance of the project and completion the Franchisee is entitled to the remaining balance for the project. If in Franchisor's sole discretion Franchisee is not capable of servicing the National Headstone Program customer, or if the volume of services exceed demand at the time, Franchisor retains the right to authorize other BOULDER DESIGNS franchisees or other qualified third-parties to provides the services within Franchisee's Territory and the Franchisee does not have the right to be compensated for Franchisor or other franchisees providing services to the National Headstone Program customer within Franchisee's Territory.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to Boulder Designs' 2025 Franchise Disclosure Document, franchisees are generally responsible for repair or replacement work on National Account projects. Specifically, the franchisee must handle repairs or replacements within 30 days after a valid claim, considering reasonable climate-related work conditions.

The franchisee bears the costs for materials, overhead, and labor to meet Boulder Designs' standards. If the franchisee fails to make the required repairs or replacements, Boulder Designs can arrange for the work and charge the franchisee for associated costs, including labor, materials, and overhead.

For projects under the National Headstone Program, the franchisee is also responsible for repair or replacement work. Boulder Designs has the right to facilitate warranty repairs and pass those costs onto the franchisee. However, Boulder Designs retains the right to determine if a franchisee is qualified for a National Headstone Program project. If the franchisee is deemed incapable or if demand exceeds their capacity, Boulder Designs can authorize other franchisees or third parties to provide the services, without compensating the original franchisee.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.