Article 39 see also Agreed obligations Mandatory Obligations
If standard clauses are used in making a contract, the party that provides the standard clauses shall determine the rights and obligations between the parties in accordance with the principle of fairness, and shall call in a reasonable manner the other party's attention to the exemptible and restrictive clauses regarding its liability, and give explanations of such clauses at the request of the other party.
"Standard clauses" means the clauses that are formulated in anticipation by a party for the purpose of repeated usage and that are not a result of consultation with the other party in the making of the contract.
Article 40 see also Remedies Agreed obligations
Standard clauses shall become invalid if they fall under any of the circumstances set forth in Articles 52 and 53 of this Law or if the party that provides the standard clauses exempts itself from the liability, imposes heavier liability on the other party, or precludes the other party from its main rights.
[Article 52 : see Validity - Illegality]
The following clauses on liability exemption in a contract shall be invalid:
- those causing physical injury to the other party; or
- those causing losses to property to the other party by intention or due to gross negligence.