Under what circumstances is MSF excluded from providing services for Marble Slab Creamery equipment?
Marble_Slab_Creamery Franchise · 2025 FDDAnswer from 2025 FDD Document
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- EXCLUSION FROM SERVICE.
Unless agreed otherwise in writing, MSF shall have no obligation to provide Services: (i) to maintain, repair or replace equipment or parts that are identified as "hardware" in the Manuals or otherwise in writing (the "Equipment") when 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.
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 Franchising, LLC (MSF) has specific exclusions from providing services for equipment. MSF is not obligated to provide services to maintain, repair, or replace equipment identified as "hardware" in the manuals if the issue is due to a catastrophe such as electrical surges or outages, accidents, neglect, misuse, spillage, or the customer's negligence. Problems caused by faulty electric power or air conditioning, or any other causes, also fall under this exclusion. MSF is also excluded from servicing or repairing accessories, attachments, or any devices it does not support, making changes or modifications to equipment, rebuilding or overhauling equipment, or replacing expendable parts like printer supplies or cables.
MSF is also not obligated to provide services for software listed in the manuals if the issue stems from a catastrophe, accidents, neglect, misuse, the customer's fault or negligence, or faulty electric power or air conditioning, unless it's due to ordinary use. Additionally, MSF will not correct problems in the software's functionality if they arise from using the software with non-approved programs or on a system other than the Brand Technology System. Finally, MSF does not support any software or hardware not listed in the manuals.
For a prospective Marble Slab Creamery franchisee, this means they are responsible for damages to equipment and software caused by their own actions or external factors like power issues. They should also ensure they use only approved software and hardware to maintain MSF support. Maintaining warranty or maintenance coverage on all required equipment is the franchisee's responsibility. If additional services are needed 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. Customer shall pay for such additional services within five (5) days of MSF's provision of such services.