What does Marble Slab Creamery disclaim warranties for regarding the Brand Technology System?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) OTHER THAN THE WARRANTY PROVIDED ABOVE, MSF EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES THAT MSF IS RENDERING UNDER THIS AGREEMENT, THE DATA AND INFORMATION THAT IT INPUTS INTO THE BRAND TECHNOLOGY SYSTEM, THE BRAND TECHNOLOGY SYSTEM, THE EQUIPMENT OR THE SOFTWARE, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED WARRANTY ARISING BY USAGE OR TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR THAT THE BRAND TECHNOLOGY SYSTEM SHALL BE ERROR FREE OR OPERATE UNINTERRUPTED .
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, Marble Slab Creamery disclaims all warranties, whether express or implied, regarding the services rendered under the franchise agreement, the data and information inputted into the Brand Technology System, the Brand Technology System itself, and the equipment or software used. This disclaimer includes, but is not limited to, any implied warranty of merchantability, fitness for a particular purpose, non-infringement, and any implied warranty arising from usage or trade, course of dealing, or course of performance. Marble Slab Creamery also disclaims any warranty that the Brand Technology System will be error-free or operate uninterrupted.
For a prospective franchisee, this means that Marble Slab Creamery does not guarantee that the Brand Technology System will function perfectly or without errors. The franchisee bears the risk that the system may have flaws, be unsuitable for their specific needs, or experience interruptions. This is a significant consideration, as the Brand Technology System is crucial for managing various aspects of the Marble Slab Creamery business, such as scheduling, inventory, and administrative functions.
Given this disclaimer, it is important for a potential Marble Slab Creamery franchisee to carefully evaluate the Brand Technology System and understand its capabilities and limitations. This may involve seeking demonstrations, speaking with existing franchisees about their experiences with the system, and carefully reviewing the training and support provided by Marble Slab Creamery. Understanding the scope of this disclaimer is crucial for making an informed investment decision and preparing for potential technological challenges.