Parties who prepare contracts or who seek to rely on contractual provisions such as guarantees, indemnities, limitations or exclusions may wish to consider contracting out of the contra proferentem rule.
There are other forms of security over goods such as a pledge and contractual lien which also only give right to a security interest of a possessory nature.
For insurance policies for property insurance, a contractual stipulation that the lost asset must be actually repaired or replaced before the replacement cost can be paid is common.
Although a contractual relationship between the sub-contractor and end client does not exist, it will be the sub-contractor who actually performs the required services.
