Limitationserklärung

Limitationserklärung, often translated as "limitation of liability clause" or "disclaimer of warranty," is a legal concept used in contracts and other agreements to define the extent of a party's responsibility for potential damages or losses. It serves to cap or exclude liability under certain circumstances.

These clauses are commonly found in software licenses, service agreements, and product sales contracts. They aim to protect the provider or seller from unforeseen or excessive claims that might arise from the use or performance of a product or service. For example, a software provider might include a limitationserklärung stating they are not liable for any data loss or consequential damages resulting from the software's use.

The enforceability of a limitationserklärung can vary significantly depending on the jurisdiction and the specific wording of the clause. Courts often scrutinize these clauses to ensure they are not unconscionable or against public policy. Generally, clauses attempting to disclaim liability for gross negligence or intentional misconduct are less likely to be upheld.

Consumers and businesses should carefully review any agreement containing a limitationserklärung to understand the scope of risks they are accepting. Seeking legal advice is often recommended to fully comprehend the implications of such clauses before entering into a contract. The purpose of these declarations is to allocate risk between the parties involved in a transaction.