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| Deutsch | supplier | Grundwort | fehlt |
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| BGB 478. 1 If an entrepreneur has been obliged to take back a newly manufactured thing sold by him because it is defective , or if the consumer has reduced the purchase price , it is not necessary for the entrepreneur to fix the period of time which would otherwise be necessary in order to enforce the rights set out in section 437 with regard to the defect asserted by the consumer against the entrepreneur who sold the thing to him ( supplier ) . |
| BGB 478. 2 Where a newly manufactured thing is sold , the entrepreneur may demand of his supplier reimbursement of the expenses which the entrepreneur had to bear in relation to the consumer under section 439 ( 2 ) , if the defect asserted by the consumer already existed upon the passing of the risk to the entrepreneur . |
| BGB 478. 4 The supplier may not rely on an agreement made before the defect was notified to the supplier which , to the disadvantage of the entrepreneur , deviates from sections 433 to 435 , 437 , 439 to 443 or from subsections ( 1 ) and ( 3 ) above or from section 479 , if the obligee with the right of recourse is not given another form of compensation of equal value . Sentence 1 , notwithstanding section 307 , does not apply to an exclusion or restriction of the claim to damages . The provisions referred to in sentence 1 apply even if circumvented by other constructions . |
| BGB 478. 5 Subsections ( 1 ) to ( 4 ) above apply with the necessary modifications to claims of the supplier and of the other buyers in the supply chain against their sellers if the obligors are entrepreneurs . |
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