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BGB 440 Except in the cases set out in section 281 ( 2 ) and section 323 ( 2 ) , it is also not necessary to specify a period of time if the seller has refused to carry out both kinds of cure under section 439 ( 3 ) or if the kind of cure that the buyer is entitled to receive has failed or cannot reasonably be expected of him . A repair is deemed to have failed after the second unsuccessful attempt , unless in particular the nature of the thing or of the defect or the other circumstances leads to a different conclusion .
BGB 753. 2 If the attempt to sell the object is unsuccessful , then each part owner may demand a repeated attempt but must bear the costs if a repeated attempt fails .
BGB 1666a. 2 The complete care for the person of the child may be withdrawn only if other measures have been unsuccessful or if it is to be assumed that they do not suffice to avert the danger .