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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 .
BGB 664. 1 In case of doubt the mandatary may not transfer the performance of the mandate to a third party . If the transfer is permitted , then he is only liable for fault in connection with the transfer . He is liable under section 278 for fault on the part of an assistant .
BGB 691 In case of doubt , the depositary is not entitled to deposit the deposited thing with a third party . If deposit with a third party is permitted , then the depositary is only responsible for his own fault in making this deposit . He is liable under section 278 for fault on the part of an assistant .