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| BGB 434. 2 It is also a material defect if the agreed assembly by the seller or persons whom he used to perform his obligation has been carried out improperly . In addition , there is a material defect in a thing intended for assembly if the assembly instructions are defective , unless the thing has been assembled without any error . |
| BGB 676b. 1 If the bank transfer is not executed until after the end of the transaction period , then the transferring banking institution must pay interest to the transferor on the bank transfer amount for the duration of the delay unless the transferor or the beneficiary is responsible for the delay . The rate of interest is five percentage points per annum above the basic rate of interest . BGB 676b. 2 The transferring banking institution must without additional charges and expenses and at the option of the transferor either return to the transferor or transfer to the beneficiary any amounts retained by itself or by one of the intermediate banking institutions contrary to the transfer contract . BGB 676b. 3 The transferor may demand the return of the transfer amount up to an amount of 12,500 euros ( guarantee amount ) plus fees and expenses already paid for the transfer if the transfer has been executed neither by the end of the transaction period nor within an additional period of time of fourteen banking days from the demand of the transferor for return on . The transfer amount is in this case to bear interest from the commencement of the transaction period up to crediting of the guarantee amount to the account of the transferor at the rate of interest specified in subsection ( 1 ) sentence 2. Upon demand for return by the transferor and the end of the additional period of time the bank transfer contract is deemed to be terminated . The banking institution is entitled to terminate the contract if the banking institution cannot reasonably be expected to continue the contract , weighing the interests of both parties , provided it has paid the guarantee amount or pays it simultaneously . The tr ansferor need not , in the cases cited in sentences 3 and 4 , pay the agreed fees and expenses . Claims under this subsection do not exist if the bank transfer has not been executed because the transferor has given the transferring banking institution erroneous or incomplete instructions or if an intermediate bank expressly specified by the transferor has failed to execute the bank transfer . In the second case of sentence 6 , the banking institution expressly specified by the transferor is liable to the transferor in the place of the transferring banking institution . BGB 676b. 4 Claims under subsections ( 1 ) to ( 3 ) are excluded if force majeure is the cause of the error in the processing of the bank transfer . |
| BGB 676e. 3 The banking institution that entered into an interbank payment contract with the transferring banking institution is obliged to return to the transferring banking institution the payments made that the transferring banking institution was obliged to make to the transferor under section 676b ( 3 ) . Each intermediate banking institution is obliged to return the payments made under sentence 1 or under this provision to the banking institution with which it entered into an interbank payment contract to forward the bank transfer . If the bank transfer is not executed because a banking institution has issued erroneous or incomplete instructions to the intermediate banking institution it instructed , then the claim of the former banking institution to reimbursement is excluded under sentences 1 and 2. The banking institution responsible for the error must compensate the transferring banking institution for the more extensive loss incurred by it in fulfilment of its duties under section 676c ( 1 ) . |
| BGB 676g. 4 Claims under subsections ( 1 ) to ( 3 ) do not require fault . More extensive claims that require fault are unaffected . The banking institution of the customer must in this context assume the same responsibility for fault on the part of an intermediate banks it instructed as for its own fault . Liability under sentence 3 may be limited to 25,000 euros for bank transfers to an account abroad . Liability for damage arising from delay in or non-execution of the bank transfer may be limited to 12,500 euros ; this does not apply to intent and gross negligence , to loss of interest receipts and risks specifically assumed by the banking institution . The claims are excluded to the extent that the error in execution of the contract is due to force majeure . |
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