Tool 03 · T&C
Does this clause hold?
For companies with their own terms and conditions: six clauses on which contracts most often fail — and whether your version holds.
Home-made terms usually come to light only in a dispute. By then it is too late: an invalid clause is not trimmed back, it falls away entirely and the statute applies — often exactly what the clause was meant to avoid. So the first question for any set of terms is: does it hold? You can check that here beforehand, clause by clause.
How it is assessed. Under §§ 305 et seq. of the German Civil Code (BGB) and settled case law, for clauses you use as the drafting party. Three levels: holds · contested · does not hold. Rule-based AI system, no language model. What is checked is the typical content, not your wording — an unfortunate formulation can topple a rule that would otherwise hold.
Not here: individually negotiated contracts — these limits do not apply there, or only partly. And employment contracts.
Choose the clause and your counterparty and answer the questions. You see whether the clause holds — and why.
Examples — tap, and the values appear on the left
Needed next: How does your clause limit liability?
Belongs to: Commercial Contracts