ORDER DISCLAIMER Clause Samples
An Order Disclaimer clause serves to limit or exclude the seller's liability for certain aspects of an order, such as product defects, delivery delays, or changes in availability. Typically, this clause clarifies that the seller does not guarantee all details of the order and may reserve the right to modify or cancel orders under specific circumstances, such as stock shortages or pricing errors. Its core function is to protect the seller from legal claims or disputes arising from issues beyond their control, thereby allocating risk and setting clear expectations for the buyer.
POPULAR SAMPLE Copied 3 times
ORDER DISCLAIMER. The client acknowledges and agrees that software engineering, telecommunications and electricity services affecting the use of the Platform are not under the control of Company and that we shall not be responsible for:
(I) Any error in the transmission of an Order;
(II) Any misinterpretation or mistake affecting an Order sent through the Platform (including technical and/or mechanical damage);
(III) Any access to Client data by unauthorized persons;
(IV) The Client’s inability to access or use the Platform at any time; and
(V) More generally, any loss or damage incurred or suffered by the Client as a result of failures in the services supplied to Company by software engineering, telecommunications and electricity service providers; Company and shall not be responsible for any case, unless there is evidence given by the Client that this was caused by the gross negligence, willful default or fraud of Company. In such circumstances, Company will only be liable for damages or losses suffered or incurred by the Client which the Client proves to be the direct consequence of such gross negligence, willful default or fraud (subject to Sections 11.4 and 11.5).