What is MSF's obligation regarding warranty claims for Marble Slab Creamery Equipment?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
necessitated by catastrophe (including without limitation electrical surges or outages), accidents, neglect, misuse, spillage, fault or negligence of Customer, faulty electric power or air-conditioning, or any other causes; (ii) to service or repair accessories, apparatuses, attachments, or any other devices that MSF does not support; (iii) to make changes, modifications or alterations to Equipment; (iv) to rebuild or overhaul Equipment; (v) to replace expendable parts on the Equipment, including but not limited to printer consumable supplies, cables, or removable media; (vi) for any software listed in the Manuals or otherwise in writing (the "Supported Software") when necessitated by catastrophe, accidents, neglect, misuse, fault or negligence of Customer, faulty electric power or air-conditioning, or any other causes other than ordinary use; (vii) to correct any problems in the functionality of the Software that are caused when the Software is used in conjunction with software that is not software approved by MSF or Franchisor or used on a system other than the Brand Technology System on which the Software was originally installed; or (viii) to support any software or hardware not listed in the Manuals.
-
- LIMITATIONS OF SERVICE. The Help Desk is accessible via email, text and telephone during the business hours listed in the Manuals. Any requests for service after these hours of operation will be addressed the following business day.
-
- WARRANTY CLAIMS ON EQUIPMENT AND SUPPORTED SOFTWARE. With respect to the Equipment and Supported Software, MSF may act as an agent to facilitate warranty or maintenance claims on behalf of Customer. MSF shall not provide Services to Customer for any Equipment or Software for which Customer has not obtained from the appropriate manufacturer or vendor a warranty or maintenance agreement. MSF cannot guarantee resolution for any Equipment or Software issue more quickly than the response and repair time of the manufacturer or vendor providing warranty or maintenance services for such Equipment or Software. It is the Customer's sole responsibility to maintain warranty or maintenance coverage on all Equipment that are required for a complete functioning Brand Technology System, including but not limited to the PC, printers, POS system, networking equipment, communications equipment or server and internet connectivity. In the event that Customer requires additional services from MSF to restore full functionality of the Brand Technology System following the failure of a system not covered by a required warranty or maintenance, Customer shall pay MSF its current hourly rate, including labor, travel time and expenses, plus shipping and material costs incurred while restoring system functionality. Customer shall pay for such additional services within five (5) days of MSF's provision of such services.
8. CUSTOMER OBLIGATIONS.
- (a) Conditions Precedent to MSF Obligations: As a condition precedent to MSF performing its obligations herein, Customer agrees to the following:
- (i) Subject to the terms of Section 2 of this Agreement, Customer shall keep current all payments for Fees.
Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, MSF (Marble Slab Franchising) may act as an agent to facilitate warranty or maintenance claims on behalf of the franchisee (referred to as Customer) for equipment and supported software. However, MSF is not obligated to provide services for any equipment or software if the franchisee has not obtained a warranty or maintenance agreement from the manufacturer or vendor. MSF also cannot guarantee a resolution time that is faster than the manufacturer's or vendor's response and repair time.
The franchisee is solely responsible for maintaining warranty or maintenance coverage on all equipment required for the Brand Technology System, including PCs, printers, POS systems, networking equipment, communications equipment, server, and internet connectivity. If the franchisee requires additional services from MSF to restore the Brand Technology System's functionality due to the failure of a system not covered by a required warranty, the franchisee will pay MSF's current hourly rate, including labor, travel time, expenses, shipping, and material costs. These additional service fees are due within five days of MSF providing the services.
MSF does offer a limited workmanship warranty, ensuring that services provided by their personnel or a third party will be rendered by competent professionals following industry standards. If this warranty is breached, the franchisee is entitled to re-performance of the defective services at no additional cost. However, this warranty does not extend to services rendered by third parties, such as manufacturers performing warranty work on equipment or vendors performing maintenance on software. MSF provides no warranty on the equipment or software itself; franchisees must obtain these warranties directly from the manufacturers or vendors.