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Disclaimer


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About Disclaimer

A disclaimer is a statement/notice informing the user of any product or service of the possible consequences of the same. The law mandates the display of a disclaimer in certain cases, such as where there is an inherent risk of harm to one's health (the warnings displayed on cigarettes are a prime example), but are used commonly in all product and service literature. A disclaimer helps to clearly establish/limit one’s rights and liabilities with respect to the user of a particular product or service. It is used in situations which involve an element of risk or uncertainty.

Advantages

Reduces Risk

Disclaimers protect the rights of both parties in any legally recognised relationship such as the one between a manufacturer and consumer. A well-drafted disclaimer can go a long way in avoiding ambiguity and minimising legal risks.

Limits Liability

A disclaimer is generally used in situations involving a certain element of risk or uncertainty. For such cases, a well-drafted disclaimer clearly outlines the rights and liabilities of both parties.

Frequently Asked Questions

  • Clause or statement in a document that tries to prevent creation of a warranty or contract. Also called hedge clause.
  • Denial or disavowal of a claim , or renunciation of interest in or title to a property.

Making Disclaimers legally binding . Your Disclaimers can be legally binding as long as they are not unfair and users can review them. ... Since users must accept those terms when they sign up for your service or make a purchase, that makes the Disclaimers a part of an already enforceable contract.

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship.

A disclaimer is a formal notice on a prescribed form issued by a liquidator or trustee in respect of 'onerous' property. It has the effect of removing from the liquidator or trustee all responsibility for the property disclaimed and discharges all personal liability in respect of it.

Parties to a contract can try to assign risks and limit liability. Contract disclaimers let parties to a contract rid themselves of certain responsibilities, while "as is" contract provisions typically put buyers on notice that they're stuck with any problems associated with the product or property they're purchasing.

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