ekskluusioehdot

Ekskluusoehdot, or exclusion clauses, are contractual provisions that seek to exclude or limit one party’s obligations or liabilities toward another. They commonly appear in consumer and commercial contracts, service agreements, software licenses, insurance policies and online terms. Typical forms include disclaimers of warranties, caps on damages, exclusions of indirect or consequential losses, and force majeure language.

In consumer contracts ekskluusioehdot are subject to consumer protection rules and to EU rules on unfair terms. Terms that create a substantial imbalance to the detriment of the consumer, are not sufficiently transparent, or are not individually negotiated can be deemed unfair and unenforceable. National law requires such clauses to be reasonable and clearly drafted, and they may be void if they attempt to exclude essential rights or liability for serious misconduct in certain circumstances.

In business-to-business agreements exclusion clauses are generally allowed but must still meet standards of reasonableness and good faith. Standard boilerplate terms may be scrutinized when the other party did not negotiate them or could not reasonably avoid them.

Practical considerations include specifying the scope of the exclusion (which damages and which events are covered), any thresholds or caps, governing law and jurisdiction, and any carve-outs for core obligations. When signing, parties should read the terms carefully, verify the presence and extent of liability exclusions, and assess enforceability under applicable law.

The term ekskluusoehdot combines ekskluusio (exclusion) and ehdot (terms).