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=U4= Sec474 -- Section 474 The concept of purchase of consumer goods
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=S=> BGB 474. 1 Where a consumer buys a movable thing from an entrepreneur ( purchase of consumer goods ) , the following rules apply in addition . This does not apply to second-hand things that are sold at a public auction which the consumer may attend in person .
=S=> BGB 474. 2 Section 439 ( 4 ) applies to the purchase contracts regulated by this subtitle on proviso that benefits are not to be surrendered or substituted by their value . Sections 445 and 447 do not apply .
=U4= Sec475 -- Section 475 Deviating agreements
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=S=> BGB 475. 1 If an agreement is entered into before a defect is notified to the entrepreneur and deviates , to the disadvantage of the consumer , from sections 433 to 435 , 437 , 439 to 443 and from the provisions of this subtitle , the entrepreneur may not invoke it . The provisions referred to in sentence 1 apply even if circumvented by other constructions .
=S=> BGB 475. 2 The limitation of the claims cited in section 437 may not be alleviated by an agreement reached before a defect is notified to an entrepreneur if the agreement means that there is a limitation period of less than two years from the statutory beginning of limitation or , in the case of second-hand things , of less than one year .
=S=> BGB 475. 3 Notwithstanding sections 307 to 309 , subsections ( 1 ) and ( 2 ) above do not apply to the exclusion or restriction of the claim to damages .
=U4= Sec476 -- Section 476 Shifting the burden of proof
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=S=> BGB 476 If , within six months after the date of the passing of the risk , a material defect manifests itself , it is presumed that the thing was already defective when risk passed , unless this presumption is incompatible with the nature of the thing or of the defect .
=U4= Sec477 -- Section 477 Special provisions for guarantees
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=S=> BGB 477. 1 A declaration of guarantee ( section 443 ) must be expressed simply and comprehensibly . It must contain a reference to the statutory rights of the consumer and a statement that they are not restricted by the guarantee , and the contents of the guarantee and all essential information required for asserting rights under the guarantee , including , without limitation , the duration and the area of territorial application of the guarantee protection as well as the name and address of the guarantor .
=S=> BGB 477. 2 The consumer may demand that the declaration of guarantee is given to him in text form .
=S=> BGB 477. 3 The effectiveness of the duty under the guarantee is not affected by the fact that one of the above requirements is not satisfied .
=U4= Sec478 -- Section 478 Recourse of the entrepreneur
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=S=> BGB 478. 1 If an entrepreneur has been obliged to take back a newly manufactured thing sold by him because it is defective , or if the consumer has reduced the purchase price , it is not necessary for the entrepreneur to fix the period of time which would otherwise be necessary in order to enforce the rights set out in section 437 with regard to the defect asserted by the consumer against the entrepreneur who sold the thing to him ( supplier ) .
=S=> BGB 478. 2 Where a newly manufactured thing is sold , the entrepreneur may demand of his supplier reimbursement of the expenses which the entrepreneur had to bear in relation to the consumer under section 439 ( 2 ) , if the defect asserted by the consumer already existed upon the passing of the risk to the entrepreneur .
=S=> BGB 478. 3 In the case of subsections ( 1 ) and ( 2 ) above , section 476 applies , subject to the proviso that the period begins when the risk passes to the consumer .
=S=> BGB 478. 4 The supplier may not rely on an agreement made before the defect was notified to the supplier which , to the disadvantage of the entrepreneur , deviates from sections 433 to 435 , 437 , 439 to 443 or from subsections ( 1 ) and ( 3 ) above or from section 479 , if the obligee with the right of recourse is not given another form of compensation of equal value . Sentence 1 , notwithstanding section 307 , does not apply to an exclusion or restriction of the claim to damages . The provisions referred to in sentence 1 apply even if circumvented by other constructions .
=S=> BGB 478. 5 Subsections ( 1 ) to ( 4 ) above apply with the necessary modifications to claims of the supplier and of the other buyers in the supply chain against their sellers if the obligors are entrepreneurs .
=S=> BGB 478. 6 Section 377 of the Commercial Code [ Handelsgesetzbuch ] is unaffected .
=U4= Sec479 -- Section 479 Limitation of recourse claims
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=S=> BGB 479. 3 The above subsections apply with the necessary modifications to claims of the supplier and the other buyers in the supply chain against their sellers if the obligors are entrepreneurs .
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