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=S=> BGB 439. 1 As cure the buyer may , at his choice , demand that the defect is remedied or a thing free of defects is supplied .
=S=> BGB 439. 2 The seller must bear all expenses required for the purpose of cure , in particular transport , workmen's travel , work and materials costs .
=S=> BGB 439. 3 Without prejudice to section 275 ( 2 ) and ( 3 ) , the seller may refuse to provide the kind of cure chosen by the buyer , if this cure is possible only at disproportionate expense . In this connection , account must be taken in particular , without limitation , of the value of the thing when free of defects , the importance of the defect and the question as to whether recourse could be had to the alternative kind of cure without substantial detriment to the buyer . The claim of the buyer is restricted in this case to the alternative kind of cure ; the right of the seller to refuse the alternative kind of cure too , subject to the requirements of sentence 1 above , is unaffected .
=S=> BGB 439. 4 If the seller supplies a thing free of defects for the purpose of cure , he may demand the return of the defective thing in accordance with sections 346 to 348.
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