For Marble Slab Creamery, what responsibility does the customer have regarding warranty or maintenance coverage on 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.
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- 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.
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- 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.
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Source: Item 23 — RECEIPT (FDD pages 101–346)
What This Means (2025 FDD)
According to Marble Slab Creamery's 2025 Franchise Disclosure Document, franchisees are responsible for maintaining warranty or maintenance coverage on all equipment that is required for the Brand Technology System to function. This includes the PC, printers, POS system, networking equipment, communications equipment, server, and internet connectivity.
If warranty or maintenance service is no longer available from the manufacturer, dealer, or vendor, or if it expires, the franchisee must purchase replacement equipment covered by warranty or maintenance service. This purchase must occur before the expiration of the existing coverage or within 30 days of notification by MSF, whichever comes first, and it is at the franchisee's sole expense.
The franchisee must provide proof of warranty or maintenance service agreements with the appropriate manufacturer or vendor for all supported equipment and software upon renewal or when requested by MSF. Additionally, the franchisee is responsible for paying all costs of repair or troubleshooting for equipment not covered under the applicable warranty. The franchisee is also obligated to pay all fees for support and maintenance of the Supported Software to MSF or the appropriate vendor.
In the event that a franchisee 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, the franchisee will be responsible for paying MSF's current hourly rate, including labor, travel time and expenses, plus shipping and material costs incurred while restoring system functionality. Payment for these additional services is due within five days of MSF's provision of such services.