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| BGB 305a Even without compliance with the requirements cited in section 305 ( 2 ) nos . 1 and 2 , if the other party to the contract agrees to their applying the following are incorporated , the tariffs and regulations of the railways issued with the approval of the competent transport authority or on the basis of international conventions , and the terms of transport approved under the Passenger Transport Act [ Personenbeförderungsgesetz ] , of trams , trolley buses and motor vehicles in regular public transport services , the standard business terms published in the gazette of the Federal Network Agency for Electricity , Gas , Telecommunications , Post and Railway [ Bundesnetzagentur für Elektrizität , Gas , Telekommunikation , Post und Eisenbahnen ] and kept available on the business premises of the user , a)into transport contracts entered into off business premises by the posting of items in postboxes , b)into contracts on telecommunications , information services and other services that are provided direct by the use of distance communication and at one time and without interruption during the supply of a telecommunications service , if it is disproportionately difficult to make the standard business terms available to the other party before the contract is entered into . |
| BGB 425. 1 Facts other than those cited in sections 422 to 424 are only effective , unless the obligation leads to a different conclusion , for and against the joint and several debtor personally affected by them . |
| BGB 438. 1 The claims cited in section 437 nos . 1 and 3 become statute-barred in thirty years , if the defect consists a)a real right of a third party on the basis of which return of the purchased thing may be demanded , or b)some other right registered in the Land Register , in five years a)in relation to a building , and b)in relation to a thing that has been used for a building in accordance with the normal way it is used and has resulted in the defectiveness of the building , and otherwise in two years . |
| BGB 475. 2 The limitation of the claims cited in section 437 may not be alleviated by an agreement reached before a defect is notified to an entrepreneur if the agreement means that there is a limitation period of less than two years from the statutory beginning of limitation or , in the case of second-hand things , of less than one year . |
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