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The contractual exclusion of Sections 445a, 445b BGB (German Civil Code) in standard templates/terms and conditions in purely entrepreneurial supply chains



With the amendments to the sales law as of 1 January 2018, the easier recourse of the seller (until then: an exceptio only applicable as part of consumer protection law) to his supplier has largely been extended to constellations in which the last buyer in the supply chain is an entrepreneur.

This article examines the question relevant to business practice and general terms and conditions of business law as to which leeway can be used in order to completely or partially exclude easier recourse within purely business supply chains by means of a standard contractual provisions. Sara Bandehzadeh, LL.M. (San Francisco), Partner and Anke Röschenkemper, Associate have written an essay on this topic in the "Betriebsberater", originally published in: BB 2018 Issue 31, 1738 - 1744.

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