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Book 2 · Law of obligations  ›  Subtitle 3 · Purchase of consumer goods › Section 478

Special provisions concerning recourse by the trader

(1) Where the last contract in the supply chain is for the sale of consumer goods (section 474), then section 477 applies in the cases governed by section 445a (1) and (2), subject to the proviso that the period commences running upon the risk devolving to the consumer.

(2) The supplier may not rely on an agreement made before the supplier was notified of the defect that, to the disadvantage of the trader, deviates from subsection (1) as well as from sections 433 to 435, 437, 439 to 443, 445a (1) and (2) as well as from sections 445b, 475b and 475c if the obligee with the right of recourse is not granted equivalent compensation. Notwithstanding section 307, sentence 1 does not apply to an exclusion or restriction of the claim for damages. The provisions referred to in sentence 1 apply even if they are circumvented by other arrangements.

(3) Subsections (1) and (2) apply accordingly to the claims of the supplier and of the other buyers in the supply chain vis-à-vis their respective sellers where the obligors are traders.

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