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=S=> BGB 633. 1 The contractor must procure the work for the customer free of material defects and legal defects .
=S=> BGB 633. 2 The work is free of material defects if it is of the agreed quality . To the extent that the quality has not been agreed , the work is free from material defects if it is suitable for the use envisaged in the contract , or else if it is suitable for the customary use and is of a quality that is customary in works of the same type and that the customer may expect in view of the type of work . It is equivalent to a material defect if the contractor produces a work that is different from the work ordered or too small an amount of the work .
=S=> BGB 633. 3 The work is free of legal defects if third parties , with regard to the work , either cannot assert any rights against the customer or can assert only such rights as are taken over under the contract .
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