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=S=> BGB 326. 2 If the obligee is solely or very predominantly responsible for the circumstance due to which the obligor does not , under section 275 ( 1 ) to ( 3 ) , have to effect cure , or if this circumstance for which the obligor is not responsible occurs at a time when the obligee is in default of acceptance , the obligor retains the entitlement to consideration . However , he must allow to be credited against him what he saves due to release from performance or acquires or wilfully fails to acquire from other use of his labour .
=S=> BGB 326. 3 If the obligee demands , under section 285 , return of reimbursement obtained for the object owed or assignment of the claim to reimbursement , he remains obliged to render consideration . However , the latter is reduced under section 441 ( 3 ) to the extent that the value of the reimbursement or of the claim to reimbursement falls short of the value of the performance owed .
=S=> BGB 326. 4 To the extent that the consideration that is not owed under this provision is effected , what is performed may be claimed back under sections 346 to 348.
=S=> BGB 326. 5 If , under section 275 ( 1 ) to ( 3 ) , the obligor does not have to perform , the obligee may withdraw ; section 323 applies with the necessary modifications to the withdrawal , subject to the proviso that it is not necessary to specify a period of time .
=S=> BGB 326.* ) Official note : This provision also serves in part to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171 , p . 12 ) .
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