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=S=> BGB 440 Except in the cases set out in section 281 ( 2 ) and section 323 ( 2 ) , it is also not necessary to specify a period of time if the seller has refused to carry out both kinds of cure under section 439 ( 3 ) or if the kind of cure that the buyer is entitled to receive has failed or cannot reasonably be expected of him . A repair is deemed to have failed after the second unsuccessful attempt , unless in particular the nature of the thing or of the defect or the other circumstances leads to a different conclusion .
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