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Dokument BGB Book 2 Law of Obligations
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524
=S=> BGB 308 In standard business terms the following are in particular ineffective
=S=> BGB 308. P of time for acceptance and performance ) a provision by which the user reserves to himself the right to unreasonably long or insufficiently specific periods of time for acceptance or rejection of an offer or for rendering performance ; this does not include the reservation of the right not to perform until after the end of the period of time for revocation or return under sections 355 ( 1 ) and ( 2 ) and 356 ;
=S=> BGB 308. A period of time ) a provision by which the user , contrary to legal provisions , reserves to himself the right to an unreasonably long or insufficiently specific additional period of time for the performance he is to render ;
=S=> BGB 308. R of the right to withdraw ) the agreement of a right of the user to free himself from his obligation to perform without any objectively justified reason indicated in the contract ; this does not apply to continuing obligations ;
=S=> BGB 308. R of the right to modify ) the agreement of a right of the user to modify the performance promised or deviate from it , unless the agreement of the modification or deviation can reasonably be expected of the other party to the contract when the interests of the user are taken into account ;
=S=> 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 ;
=S=> BGB 308. F receipt ) a provision providing that a declaration by the user that is of special importance is deemed to have been received by the other party to the contract ;
=S=> BGB 308. R of contracts ) a provision by which the user , to provide for the event that a party to the contract withdraws from the contract or gives notice of termination of the contract , may demand a)unreasonably high remuneration for enjoyment or use of a thing or a right or for performance rendered , or b)unreasonably high reimbursement of expenses ;
=S=> BGB 308. U of performance ) the agreement , admissible under no . 3 , of the reservation by the user of a right to free himself from the duty to perform the contract in the absence of availability of performance , if the user does not agree to a)inform the other party to the contract without undue delay , of the unavailability , and b)reimburse the other party to the contract for consideration , without undue delay .