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-a topic that can give a [[common law]]yer hives. she is liable to spout much paranoid nonsense — some of it trampling over the founding principles of the law of contract, which she learned at her second year {{tag|contract}} law tutor’s breast — if the proposition is advanced that “we have a right, but we didn’t use it”. Does this mean we have lost it forever? If unexercised, does a contractual right evaporate from the page while our counsel wring their hands, like so much dew, or that alcoholic hand gel in the public conveniences of officious organisations?
+{{a|boilerplate|{{image|Wafer|png|Don’t worry about it mate.}}}}{{d|Waiver|/ˈweɪvə/|n|}}A topic that can give a [[common law]]yer hives and an under-confident [[credit officer]] an decent psychiatric episode: so much so that it once led to someone creating a pioneering “[[no waiver]]” clause, and [[legal eagle]]s and [[credit officer]]s liked it so much they hasve kept it ever since.
-Your contractual rights are a little less ephemeral than that.
+These days, [[no waiver]] clauses are so deeply woven into the [[Boilerplate|legal furniture]] of commerce that we barely pause to regard them. We even see them in [[NDA]]s, for heaven’s sake.
-There are two kinds of waiver: [[waiver by election]] and [[waiver by estoppel]].
+===Disclaimer versus waiver===
+Sometimes [[disclaimer]]s are described as [[waiver]]s. Strictly speaking, different things. A “disclaimer” is a binding — we hope — contractual agreement limiting one’s liability for a given outcome. A “waiver” is a representation, unsupported by consideration, that one will not insist upon one’s existing contractual rights.
+===What is waived can never die. Can it?===
+{{Waiver capsule}}
+{{waiver chains}}
+===Contracting out===
+You can of course contract out of waivers. The rent review process in a standard commercial lease is a good example of when this happens. [[Time is of the essence|Time is deemed ''not'' of the essence]]: if the review is delayed, the landlord is entitled to back-date it, and charge accrued interest, it to when it was entitled to conduct rent review (though it will generally be held to an objectively-determined market rental for the period). We discuss this in a little more detail [[Time is of the essence#Time being not of the essence and rent review|here]].
 {{waiver}}
+*[[I never said it was]]
+{{ref}}