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BGB 105a If a person of full age incapable of contracting enters into an everyday transaction that can be effected with funds of low value , the contract he enters into is regarded as effective with regard to performance and , if agreed , consideration , as soon as performance has been effected and consideration rendered . Sentence 1 above does not apply in the case of considerable danger to the person or the property of the person incapable of contracting .
BGB 310. 2 Sections 308 and 309 do not apply to contracts of electricity , gas , district heating or water suppliers for the supply of electricity , gas , district heating or water from the supply grid to special customers to the extent that the conditions of supply do not derogate , to the disadvantage of the customer , from orders on general conditions for the supply of standard-rate customers with electricity , gas , district heating and water . Sentence 1 applies with the necessary modifications to contracts for the disposal of sewage .
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 .
BGB 492. 4 Subsections ( 1 ) and ( 2 ) also apply to a power of attorney granted by a borrower to enable the attorney to enter into a consumer loan contract . Sentence 1 does not apply to a power of attorney for legal proceedings and a power of attorney notarially recorded .