How should I write a disclaimer?

Disclaimer. The exemption conditions stipulated by Chinese law are mainly as follows:

1.Force majeure: Article 117 of the Contract Law stipulates that if a contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, unless otherwise provided by law.

If force majeure occurs after the parties delay performance, they cannot be exempted from liability. For the purposes of this Law, the term "force majeure" refers to objective circumstances that cannot be foreseen, avoided or overcome.

2.The natural nature of the goods themselves, the reasonable wear and tear of the goods: Article 311 of the Contract Law provides:

The carrier shall be liable for damages for the damage or loss of the goods during transportation, but the carrier shall not be liable for damages if it proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, and the fault of the shipper or consignee.

3.Fault of the creditor: Article 311 and Article 370 of the Contract Law:

If the depositary delivered the depositary is defective or special storage measures need to be taken according to the nature of the depositary, the depositary shall inform the depositary of the relevant circumstances. If the depositor fails to inform the depositor, resulting in the loss of the deposited goods, the custodian shall not be liable for damages; If the custodian suffers losses as a result, the depositor shall be liable for damages unless the custodian knew or should have known and failed to take remedial measures.

Disclaimer of Warranties. The concept of an exemption clause: An exemption clause is a contractual clause in which the parties agree to exclude or limit their future liability.

First, the exemption clause is an integral part of the contract and is a kind of contract clause; Second, the proposal of the exemption clause must be express, and it is not allowed to be made by implication, nor is it allowed for the judge to presume the existence of the exemption clause.

2.Validity and invalidity of the disclaimer.

1) Determine the validity or invalidity of the exemption clause based on the provisions of the current law. The exemption clause is a civil act with the purpose of excluding or limiting the future liability of the parties with the expression of intent as an element, and should be regulated by the provisions of Articles 52, 53, 54, 47, 48, 51 and 40 of the Contract Law.

2) Determine the validity or invalidity of the exemption clause based on the risk allocation theory.

3) Determine the validity or invalidity of the exemption clause according to the degree of fault, Articles 40 and 53 of the Contract Law.

4) China has not adopted the validity or invalidity of the exemption clause according to the severity of the breach.

Disclaimer is the condition that the party is not liable for breach of contract for its non-performance of the contract, which is expressly stipulated by law. The exemption conditions under Chinese law mainly include force majeure, the natural nature of the goods themselves, reasonable wear and tear of the goods, and the fault of the creditor.

How should I write a disclaimer? You should write a claim and opinion that you want to express at that time to make a good reason, so that everyone understands what you are trying to say.

⊙o⊙)…A statement is the meaning of an indication of occurrence, which is used to express an individual's thoughts, attitudes, and behaviors. So who is exempted from liability? You are not exempt from any of them.

And the statement is not a promise, the statement is exempt from liability, but if something happens, it will be reversed, which is also okay, and the statement is invalid.

It's easy to write, but I wouldn't say you can search online.

Write a disclaimer, the main content of which includes: disclaimer (if it involves content that violates the mandatory provisions of the law, it may lead to partial invalidity), the identity information of the declarant, the exempting unit and personal information, the date, and the signature.

[Legal basis].Article 590 of the Civil Code of the People's Republic of China.

If one of the parties is unable to perform the contract due to force majeure, it shall be exempted from liability in part or in whole according to the impact of force majeure, except as otherwise provided by law. If the contract cannot be performed due to force majeure, the other party shall be notified in a timely manner to mitigate the losses that may be caused to the other party, and proof shall be provided within a reasonable period of time.

If force majeure occurs after the party delays performance, it shall not be exempted from liability for breach of contract.

My unit (name and name of the unit) is in the (time) organization (organizer or unit) to go out, due to (overview of the problem), my unit (name and name of the unit) is now applying for the right to be exempted.

In order to avoid accident disputes, the following instructions are made:

In the course of this outing, my unit (name and unit name) will not be responsible for any physical injury caused by personal reasons. It is hereby declared!

Declarant organization information.

Declarant Unit: (Personal signature should be handwritten, unit should be sealed) Date: <>

A disclaimer is a statement made to the public or interested parties under specific circumstances to protect against possible disputes, controversies or legal risks. Here's a simple template for writing a disclaimer for a newspaper:

The above disclaimer is for reference only, and the specific writing needs to be adjusted according to different situations. Before publishing a disclaimer, enterprises should carefully review and confirm whether the content of the disclaimer is true and accurate, and choose an appropriate ** or newspaper for publication.

Disclaimer. My unit (name and name of the unit) is in the (time) organization (organizer or unit) to go out, due to (overview of the problem), my unit (name and name of the unit) is now applying for the right to be exempted.

In order to avoid accident disputes, the following instructions are made:

In the course of this outing, my unit (name and name of the unit) is not responsible for the physical injury caused by personal reasons. It is hereby declared!

Declarant organization information.

Declarant Unit: (Personal signature should be handwritten, and the unit should be sealed).

The disclaimer is generally legally valid, but if the disclaimer clause unreasonably increases the liability of one party or reduces the obligation of the other party, the disclaimer clause is invalid, for example, the clause in the contract that the other party can be exempted from liability for personal injury.

Article 506 of the Civil Code The following exemption clauses in the contract are invalid:

1. Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

Article 143 stipulates that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

Article 470 of the Civil Code [Main Terms and Model Texts of the Contract] The content of the contract shall be agreed upon by the parties and generally include the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

[Legal basis].

Disclaimer. My unit (name and name of the unit) is in the (time) organization (organizer or unit) to go out, due to (overview of the problem), my unit (name and name of the unit) is now applying for the right to be exempted.

In order to avoid accident disputes, the following instructions are made:

In the course of this outing, my unit (name and unit name) will not be responsible for any physical injury caused by personal reasons. It is hereby declared!

Declarant organization information.

Declarant Unit: (Personal signature should be handwritten, and the unit should be sealed).

The disclaimer generally has legal effect, but if the disclaimer clause unreasonably exempts or reduces its liability, increases the liability of the other party, or restricts the main rights of the other party; This disclaimer is null and void if it excludes the other party's main rights if it is unreasonable.

Disclaimer, that is, the statement that the party is not liable for breach of contract for its non-performance of the contract as expressly provided by law. According to the laws of our country, the following exemption clauses in the disclaimer are invalid: 1. Causing personal injury to the other party; 2) Intentionally or grossly negligently causing damage to the other party's property.

The disclaimer is generally legally valid, but if the disclaimer clause unreasonably increases the liability of one party or reduces the obligation of the other party, the disclaimer clause is invalid, for example, the clause in the contract that the other party can be exempted from liability for personal injury.

Article 506 of the Civil Code The following exemption clauses in the contract are invalid:

1) Causing personal injury to the other party;

2) Intentionally or grossly negligently causing damage to the other party's property.

Article 143 stipulates that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

[Legal basis].

1. Don't write clauses that excessively increase the risks and obligations of the other party;

2. If you are exempted from your own obligations, the clauses that increase the obligations of the other party are within a reasonable range, and these clauses must be added in bold font or written in a very obvious position, otherwise these clauses are invalid;

3. Don't think that the agreement exemption is really exempt. Attention must be paid to the nature of the contract. In many cases, the disclaimer will be held to be invalid. This also reflects the position of lawmakers in principle to protect both parties when making laws.

1. What are the reasons for exemption from liability for breach of contract for housing sales contract?

1. Exemption from Liability for Agreements.

The contract may stipulate the conditions under which a party may be exempted from liability in the event of a breach of contract, and this clause is called an exemption clause. The disclaimer clause is not valid in its entirety, and the exemption clause that infringes the personal or property rights of the other party is invalid.

2. Statutory exemption.

Statutory exemption means that there are specific circumstances prescribed by law, and even if the party breaches the contract, it can be exempted from liability for breach of contract.

2. What are the exemption clauses in the lease contract?

1. If the lessor, as the lessor of the house, can stipulate in the housing lease contract that if the lessee rents the house, it must comply with the provisions of laws and regulations, and the lessor shall not assume any responsibility for any fights or other violations of the law during the rental period;

2. The tenant shall use the property in accordance with the purpose agreed in the contract, and the lessor shall not bear any responsibility if the leased property is used for illegal activities or other illegal acts;

3. In case of force majeure, liability can be exempted;

In addition to these cases, the parties to the contract may also agree on their own to exempt one of the parties to the contract from certain liabilities, which is the freedom granted by law to the parties to the contract, and the other party is obliged to comply with the exemption clause recognized by law. However, the lessor is obliged to remind the lessee of the exemption clause in a reasonable manner, for example, by printing the exemption clause in different colors or in bold font in the contract, or by indicating to the lessee the existence of the exemption clause at the time of contracting. If the lessee asks the lessor to explain, the lessor is also obliged to explain, otherwise the exemption clause is likely to be invalid.