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| BGB 306a The rules in this division apply even if they are circumvented by other constructions . |
| BGB 312g There may be no derogation from the provisions of this subtitle , unless otherwise provided , to the disadvantage of the consumer or the customer . Unless otherwise provided , the provisions of this subtitle apply even if they are circumvented by other constructions . |
| BGB 475. 1 If an agreement is entered into before a defect is notified to the entrepreneur and deviates , to the disadvantage of the consumer , from sections 433 to 435 , 437 , 439 to 443 and from the provisions of this subtitle , the entrepreneur may not invoke it . The provisions referred to in sentence 1 apply even if circumvented by other constructions . |
| 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 . |
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