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=S=> BGB 638. 1 Instead of withdrawal from the contract , the customer may reduce the remuneration by declaration to the contractor . The ground for exclusion under section 323 ( 5 ) sentence 2 does not apply .
=S=> BGB 638. 2 If the customer or the contractor consists of more than one person , reduction of price may be declared only by or to all of them .
=S=> BGB 638. 3 In the case of reduction of price , the payment is to be reduced in the proportion which , at the time when the contract was entered into , the value of the work in a state free of defects would have had to the actual value . To the extent necessary , the price reduction is to be established by appraisal .
=S=> BGB 638. 4 If the customer has paid more than the reduced remuneration , the contractor must reimburse the surplus . Section 346 ( 1 ) and section 347 ( 1 ) apply with the necessary modifications .
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