Repair Disclaimer

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📖 Detailed Explanation

Repair Disclaimer is a common exemption clause in foreign trade contracts, meaning that the seller or service provider assumes no liability for risks such as additional damage, performance degradation, or data loss that may occur during the repair process, or limits the specific warranty scope for the repaired product. It is commonly used in scenarios such as export of second-hand equipment, after-sales repair services, and paid repairs outside the warranty period. Notes: The clause must clearly define the scope of exemption (e.g., only damage not caused by the repairer's intent or gross negligence), otherwise it may be deemed invalid for violating the principle of fairness; it should also be distinguished from 'quality warranty disclaimer' (no liability for original product defects) and 'limitation of liability' (setting a cap on compensation). Contrary to a 'repair warranty,' a repair disclaimer aims to reduce the repairer's legal risk, but excessive use may affect customer trust. Foreign trade practitioners should clearly state the exemption matters in the contract and recommend purchasing relevant liability insurance.

📝 Examples

1. Under this contract, the seller assumes no liability for equipment damage caused during buyer self-repair or third-party repair, which constitutes the repair disclaimer clause. (Note: Clarifies that the seller is not liable for damage caused by unauthorized repairs.) 2. Given that this batch of second-hand construction machinery has exceeded the original manufacturer's warranty period, the seller only provides paid repair services and shall not compensate for any indirect losses or production interruptions of the repaired equipment; the repair disclaimer is hereby declared. (Note: Limits the repairer's compensation liability scope in second-hand equipment transactions.)

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