kopfgodoku.de
Listenanzeige
Fachwort
Deutschdefects Grundwort fehlt
Fachbebietfehlt Trennung: defects
Inhaltfehlt Status:
Worttyp fehlt
BGB 309. R to refuse performance ) a provision by which a)the right to refuse performance to which the other party to the contract with the user is entitled under section 320 , is excluded or restricted , or b)a right of retention to which the other party to the contract with the user is entitled to the extent that it is based on the same contractual relationship , is excluded or restricted , in particular made dependent upon acknowledgement of defects by the user ;
BGB 433. 1 By a purchase agreement , the seller of a thing is obliged to deliver the thing to the buyer and to procure ownership of the thing for the buyer . The seller must procure the thing for the buyer free from material and legal defects .
Section 434 Material defects
BGB 434. 1 The thing is free from material defects if , upon the passing of the risk , the thing has the agreed quality . To the extent that the quality has not been agreed , the thing is free of material defects if it is suitable for the use intended under the contract , if it is suitable for the customary use and its quality is usual in things of the same kind and the buyer may expect this quality in view of the type of the thing . Quality under sentence 2 no . 2 above includes characteristics which the buyer can expect from the public statements on specific characteristics of the thing that are made by the seller , the producer ( section 4 ( 1 ) and ( 2 ) of the Product Liability Act [ Produkthaftungsgesetz ] ) or his assistant , including without limitation in advertising or in identification , unless the seller was not aware of the statement and also had no duty to be aware of it , or at the time when the contract was entered into it had been corrected in a manner of equal value , or it did not influence the decision to purchase the thing .