Waiver of Notices
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Statutes
"In the Texas Business and Commerce Code, Sections 92.151 - 92. (Subchapter D of Chapter 92) deal with loss damage waivers. This subchapter was added in 2009. Chapter 92 generally controls rental-purchase agreements.
The following Chapter 93 concerns loss damage waivers for rental of certain heavy equipment. This chapter was enacted in 2015."
Cases
Texas law specifically requires each notice being waived, such as notice of demand, notice of intent to accelerate, etc., actually be set forth in the contract as being waived. The Texas Supreme Court has held that a clause which waives all notices to be required under Texas law are hereby waived, as being overbroad and is insufficient.
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