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| BGB 308. F declarations ) a provision by which a declaration by the other party to the contract with the user , made when undertaking or omitting a specific act , is deemed to have been made or not made by the user unless a)the other party to the contract is granted a reasonable period of time to make an express declaration , and b)the user agrees to especially draw the attention of the other party to the contract to the intended significance of his behaviour at the beginning of the period of time ; |
| BGB 309. R to refuse performance ) a provision by which a)the right to refuse performance to which the other party to the contract with the user is entitled under section 320 , is excluded or restricted , or b)a right of retention to which the other party to the contract with the user is entitled to the extent that it is based on the same contractual relationship , is excluded or restricted , in particular made dependent upon acknowledgement of defects by the user ; |
| BGB 309. L claims for damages ) the agreement of a lump-sum claim by the user for damages or for compensation of a decrease in value if a)the lump sum , in the cases covered , exceeds the damage expected under normal circumstances or the customarily occurring decrease in value , or b)the other party to the contract is not expressly permitted to show that damage or decrease in value has either not occurred or is substantially less than the lump sum ; |
| BGB 309. C of other party to contract ) a provision according to which in the case of purchase , loan or service agreements or agreements to produce a result a third party enters into , or may enter into , the rights and duties under the contract in place of the user , unless , in that provision , a)the third party is identified by name , or b)the other party to the contract is granted the right to free himself from the contract ; |
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