(1) Whoever is obliged in relation to another person, by reason of a transaction that is a commercial transaction for them, to observe a certain standard of care, is responsible for the due care of a prudent merchant being exercised.
(2) Those provisions of the Civil Code (Bürgerliches Gesetzbuch – BGB) remain unaffected according to which the obligor is liable only, in certain cases, for gross negligence or only for such care as they customarily apply to their own affairs.