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EnglischBGB 309. R to refuse performance ) a provision by which a)the right to refuse performance to which the other party to the contract with the user is entitled under section 320 , is excluded or restricted , or b)a right of retention to which the other party to the contract with the user is entitled to the extent that it is based on the same contractual relationship , is excluded or restricted , in particular made dependent upon acknowledgement of defects by the user ;