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=S=> BGB 310. 1 Section 305 ( 2 ) and ( 3 ) and sections 308 and 309 do not apply to standard business terms which are used in contracts with an entrepreneur , a legal person under public law or a special fund under public law . Section 307 ( 1 ) and ( 2 ) nevertheless apply to these cases in sentence 1 to the extent that this leads to the ineffectiveness of the contract provisions set out in sections 308 and 309 ; reasonable account must be taken of the practices and customs that apply in business dealings . In cases coming under sentence 1 , section 307 ( 1 ) and ( 2 ) do not apply to contracts in which the entire Award Rules for Building Works , Part B [ Vergabe - und Vertragsordnung für Bauleistungen Teil B - VOB/B ] in the version applicable at the time of conclusion of the contract are included without deviation as to their content , relating to an examination of the content of individual provisions .
=S=> 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 .
=S=> BGB 310. 3 In the case of contracts between an entrepreneur and a consumer ( consumer contracts ) the rules in this division apply with the following provisos : Standard business terms are deemed to have been presented by the entrepreneur , unless they were introduced into the contract by the consumer ;
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