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BGB 276. 1 The obligor is responsible for intention and negligence , if a higher or lower degree of liability is neither laid down nor to be inferred from the other subject matter of the obligation , including but not limited to the giving of a guarantee or the assumption of a procurement risk . The provisions of sections 827 and 828 apply with the necessary modifications .
BGB 442. 1 The rights of the buyer due to a defect are excluded if he has knowledge of the defect at the time when the contract is entered into . If the buyer has no knowledge of a defect due to gross negligence , the buyer may assert rights in relation to this defect only if the seller fraudulently concealed the defect or gave a guarantee of the quality of 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 .
BGB 443. 2 To the extent that a guarantee of durability has been given , there is a presumption that a material defect which appears during the guarantee period triggers the rights under the guarantee .