give up
I/company (name/company name) entrusted (customer or company) to apply for the purchase of (product name) on (time), and I/company (name/company name) now applies for the management right of (product name) because of (outlining the problem). In order to avoid ownership disputes, it is hereby declared that () is the real owner of (), and all consequences caused by disputes in the future shall be borne by (name/company name), not by (customer or company). Hereby declare!
Applicant/company information:
Name/company name: ID number (the company can leave it blank): Tel:
Applicant/Company: (Personal signature should be handwritten, and company seal)
Date:
Second, the legal disclaimer format
The format of statutory exemption clause means that when concluding a contract, agreement or contract, there can be no invalid clauses, formats or circumstances that violate the provisions of China's contract law.
If a contract is concluded with standard clauses according to Article 39 of the People's Republic of China (PRC) Contract Law, the party providing the standard clauses shall follow the principle of fairness.
Clarify the rights and obligations between the parties, take reasonable measures to draw the attention of the other party to the terms exempting or limiting their responsibilities, and explain the terms according to the requirements of the other party. Standard clauses are clauses drawn up by both parties in advance for reuse, and the two parties did not negotiate with each other when concluding the contract.
According to the Contract Law of People's Republic of China (PRC), the standard clauses in Article 40 are null and void under the circumstances stipulated in Articles 52 and 53 of this Law, or if the party providing the standard clauses exempts the other party from liability, aggravates the other party's liability or excludes the other party's main rights.
Article 41 of People's Republic of China (PRC) Contract Law has a controversial understanding of standard clauses, which should be interpreted according to the usual understanding. If there are more than two interpretations of the standard terms, an interpretation that is unfavorable to the party providing the standard terms shall be made. If the standard terms are inconsistent with the non-standard terms, the non-standard terms shall be adopted.
Article 52 of the People's Republic of China (PRC) Contract Law is invalid under any of the following circumstances:
(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
The following exemption clauses in Article 53 of People's Republic of China (PRC) Contract Law are invalid:
(1) Causing personal injury to the other party;
(2) Causing property losses to the other party due to intentional or gross negligence.
Third, the exemption conditions of the contract exemption clause.
The exemption conditions stipulated by the laws of China mainly include:
1. Force Majeure: Article 1 17 of the Contract Law stipulates that if the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities. Force majeure as mentioned in this Law refers to unforeseeable, unavoidable and insurmountable objective circumstances.
2. Natural nature of the goods themselves and reasonable loss of the goods: Article 3 1 1 of the Contract Law stipulates that the carrier shall be liable for damages for damage or loss of the goods during transportation, but the carrier shall not be liable for damages if it proves that the damage or loss of the goods is caused by force majeure, natural nature or reasonable loss of the goods themselves and the fault of the shipper or consignee.
3. Creditor's fault: Articles 3 1 1 and 370 of the Contract Law stipulate that if the deposit delivered by the depositor is defective or special storage measures need to be taken according to the nature of the deposit, the depositor shall inform the depositor of the relevant information. If the depositor fails to inform, thus causing losses to the deposit, the depository shall not be liable for damages; If the custodian suffers losses as a result, the depositor shall be liable for damages, unless the custodian knew or should have known and failed to take remedial measures.