(1) The contractor is to procure the work for the customer free of material defects and defects of title.
(2) The work is free of material defects if it is of the agreed nature. To the extent that the nature has not been agreed, the work is free from material defects
1. if it is suitable for the use envisaged in the contract, or else
2. if it is suitable for the customary use and is of a nature that is usual in works of the same type and that the customer may expect in view of the type of work.
It is equivalent to a material defect if the contractor produces a work that is different from the work ordered or a quantity of the work that is too small.
(3) The work is free of defects of title if third parties, with regard to the work, either cannot assert any rights against the customer or can assert only such rights as are taken over under the contract.