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=S=> BGB 391. 1 Set-off is not excluded by the fact that the claims are for different places of performance or of delivery . However , the party setting off must compensate for the damage incurred by the other party due to the fact that he does not receive or cannot render performance at the specified place .
=S=> BGB 391. 2 If it is agreed that the performance is to take place at a specified time and in a specified place , then it is to be assumed , in case of doubt , that set-off against a claim for which there is another place of performance is to be excluded .
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