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| Deutsch | advertising | Grundwort | fehlt |
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| BGB 358. 3 A contract for the supply of goods or for the provision of some other performance and a consumer loan contract are linked , if the loan fully or partially serves to finance the other contract and both contracts constitute an economic unit . An economic unit is to be assumed in particular if the entrepreneur himself finances the consideration of the consumer or , in the case of financing by a third party , if the lender in preparation for or for entering into the consumer loan contract uses the services of the entrepreneur . In the case of a financed acquisition of a plot of land or of an equivalent right , an economic unit is only to be assumed if the lender himself provides the plot of land or the equivalent right , or if he , beyond the provision of the loan , promotes acquisition of the plot of land or the equivalent right in cooperation with the entrepreneur , by making the interest of the entrepreneur in its disposal his own , in full or in part , by assuming functions of the disposing pa rty in planning , advertising or carrying out the project , or by unilaterally favouring the disposing party . |
| 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 443. 1 If the seller or a third party gives a guarantee for the quality of the thing or that the thing will have a specified quality for a specified period ( guarantee of durability ) , then , if there is a claim under the guarantee , the buyer , notwithstanding his statutory claims , has the rights given by the guarantee upon the terms set out in the declaration of guarantee and in the relevant advertising in relation to the person who granted the guarantee . |
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