Exoneratiebeding

An exoneration clause is a provision in a contract that wholly or partly exempts one party from liability for specified categories of loss, such as direct loss, consequential loss or delay loss. Such clauses are commonly included in standard terms and conditions and serve to allocate risks between the contracting parties.

Under Dutch law, an exoneration clause is not of unlimited effect. Pursuant to the principles of reasonableness and fairness (Article 6:248 of the Dutch Civil Code), the clause may be disapplied, in particular where the liable party has acted with intent or gross negligence. Strict restrictions likewise apply in consumer contracts.

In practice, exoneration clauses are widely employed by suppliers, contractors and service providers to manage their financial exposure and to limit the quantum of potential claims.