19) Model Clause Snippets (Plain English → Turkish Law Ready)
Hardship (TCO 138-aligned):
“The Parties acknowledge that extraordinary, unforeseeable events that fundamentally disturb the contractual equilibrium may entitle the affected party to seek adaptation in good faith. Failing agreement within 30 days of a written request, the affected party may apply to court for adaptation or terminate for just cause.”
Standard Terms Transparency:
“The Parties agree that the Supplier’s Standard Terms attached as Annex-1 were specifically brought to the Customer’s attention, reviewed in detail, and accepted; in case of conflict, the Main Agreement prevails.”
Liability Carve-out:
“Nothing in this Agreement limits or excludes liability for willful misconduct or gross negligence.”
(I can tailor a full clause suite to your template set.)
20) Conclusion
Turkish law offers broad contractual freedom anchored by good faith, transparency, and mandatory protections. Robust outcomes turn on (i) getting authority and formalities right, (ii) documenting assent (especially for standard terms and e-commerce), (iii) pricing for currency/interest rules, and (iv) drafting balanced, enforceable risk allocation aligned with TCO 20–27, 136, 138, 183 ff., 195 ff., 205 and the surrounding ecosystem.
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