CONDITIONS OF SALE

 

  • 1. INTERPRETATION
    • 1.1. Unless the context requires otherwise, in these Conditions:
      Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
      Buyer" means the person whose Order for the Goods is accepted by the Seller in accordance with these Conditions.
      "Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller or as any such terms are amended from time to time in accordance with condition 14.6.
      Contract” means the contract for the purchase and sale of Goods between the Seller and Buyer in accordance with these Conditions.
      "Goods” means the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
      Insolvency Event” has the meaning given to it in condition 11.1.
      Order” means the Buyer’s order for the Goods, as set out in the Buyer’s purchase order form, the Seller’s quotation or other written document.
      Order Acceptance” means a written acceptance of the Order issued by the Seller.
      Seller" means Whirlowdale Trading Company Ltd (registered in England and Wales with company no. 01202861).
      Warranty Period” has the meaning given to it in condition 8.1.
      "Writing” includes telex cable, facsimile transmission, [email] and comparable means of communication.
    • 1.2. Any reference in these Conditions to any provision of a statute or statutory provision shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time and includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
    • 1.3. The headings in these Conditions are for convenience only and shall not affect their interpretation.
    • 1.4. In these Conditions “Incoterms” means the International rules for the interpretation of trade terms of the lnternational Chamber of Commerce as in force at the date when the Contract is made.  Unless the context otherwise requires any term or expression which is defined in or given a particular meaning by the provisions of Incoterms shall have the same meaning in these Conditions but if there is any conflict between the provisions of Incoterms and these Conditions the latter shall prevail.
    • 1.5 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • 2. BASIS OF THE SALE
    • 2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any Order of the Buyer which is accepted by the Seller, subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 
    • 2.2 The Order constitutes an offer by the Buyer to purchase the Goods in accordance with these Conditions. The Buyer is responsible for ensuring that the terms of the Order are complete and accurate (including any applicable specification submitted by the Buyer) and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with these Conditions.
    • 2.3 The Order shall only be deemed to be accepted when the Seller issues an Order Acceptance, at which point the Contract shall come into existence.  Once the Contract comes into existence, the Buyer shall not cancel or vary the Contract without the Seller's express written consent. 
    • 2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing.  In entering into the Contract the Buyer acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not so confirmed.
    • 2.5 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage application or use of the Goods which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
    • 2.6 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance, offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability of the part of the Seller.
    • 2.7 Any samples, drawings, descriptive matter or advertising produced by the Seller and any descriptions or illustrations contained in the Seller’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
    • 2.8 Any quotation given by the Seller shall not constitute an offer. A quotation shall only be valid for a period of 20 Business Days from its date of issue.
  • 3. SPECIFICATIONS
    • 3.1 The quantity, quality and description of any specification for the Goods shall be those set out in the Order Acceptance.
    • 3. 2The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety, regulatory or statutory requirements or, where the Goods are to be supplied to the Seller’s specification, which do not materially affect their quality or performance.
    • 3.3 No Order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on terms that the Buyer shall indemnify, indemnify, keep indemnified and hold harmless the Seller from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit and loss of reputation whether arising in tort (including negligence), in contract or otherwise and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Seller as a result of such cancellation.
  • 4. PRICE OF THE GOODS
    • 4.1 The price of the Goods shall be the price set out in the Order Acceptance or where no price is specified in the Order Acceptance, the Seller’s quoted price or where no price has been quoted (or a quoted price is no longer valid) the price listed in the Seller’s published price list current at the date of acceptance of the Order.  Where the Goods are supplied for export from the United Kingdom the Seller’s published export price list shall apply.  All prices quoted are valid for 20 Business Days only or until earlier acceptance by the Buyer after which time they may be altered by the Seller without giving notice to the Buyer.
    • 4.2 The Seller reserves the right by giving notice to the Buyer at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to:
      • any factor beyond the control of the Seller (such as without limitation any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture);
      • any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer; or
      • any delay caused by any instructions of the Buyer or failure of the Buyer to give the Seller adequate information or instructions.
    • 4.3 Except as otherwise stated by the Seller in an Order Acceptance all prices are given by the Seller on an Ex Works (EXW) and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises the Buyer shall be liable to pay the Seller’s charges for transport packaging and insurance.
    • 4.4 The price is exclusive of any applicable value added tax which the Buyer shall be additionally liable to pay the Seller.
  • 5. TERMS OF PAYMENT
    • 5.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall be entitled to invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods or if the Buyer wrongfully fails to take delivery of the Goods in which event the Seller shall be entitled to invoice the Buyer for the price at any time after the Seller has notified the Buyer that the Goods are ready for collection or (as the case may be) the Seller has tendered delivery of the Goods.
    • 5.2 The Buyer shall pay the price of the Goods within 30 days of the date of the Seller’s invoice notwithstanding that delivery may not have taken place and the property in the Goods has not passed to the Buyer.  The time of payment of all invoices shall be of the essence of the Contract.
    • 5.3 The Buyer shall  pay all amounts  due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).  Receipts for payment will be issued only on request.
    • 5.4 If the Buyer fails to make any payment on the due date then without prejudice to any other right or remedy available to the Seller the Seller shall be entitled to:
      • cancel the Contract or suspend any further deliveries to the Buyer;
      • set off or attribute (as the case may be) any amount paid by the Buyer against any amount payable by the Seller to the Buyer or payable by the Buyer to the Seller to such of the Goods (or the goods supplied under any contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer): and
      • charge the Buyer interest (both before and after any judgement) on the amount unpaid at the rate of two per cent (2%) per month accruing from the due date until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).  The Buyer shall pay the interest together with the overdue amount.
  • 6. DELIVERY
    • 6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods at the Seller’s premises within 10 Business Days after the Seller has notified the Buyer that the goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place.
    • 6.2 Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused.  Time for delivery shall not be of the essence unless previously agreed by the Seller in writing.  The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the Buyer.
    • 6.3 Where the Goods are to be delivered in instalments each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
    • 6.4 If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller’s reasonable control or the Buyer’s fault and the Seller is accordingly liable to the Buyer the Seller’s liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price the Goods.
    • 6.5 If the Buyer fails to take delivery of the Goods within 10 Business Days or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by any reason of the Seller’s fault) then without prejudice to any other right or remedy available to the Seller the Seller may:
      • store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
      • sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
  • 7. RISK AND PROPERTY
    • 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
      • in the case of Goods to be delivered at the Seller’s premises at the time when the Seller notifies the Buyer that the Goods are available for collection; or
      • in the case of Goods to be delivered otherwise than at the Seller’s promises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods the time when the Seller has tendered delivery of the Goods.
    • 7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
    • 7.3 Until such time as the property and the Goods passes to the Buyer the Buyer shall:
      • shall keep the Goods separate from those of the Buyer and third parties so they remain readily identifiable as the Seller’s property;
      • not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
      • maintain the Goods in satisfactory condition, properly stored and protected and keep them insured against all risks for their full price from the date of delivery;
      • notify the Seller immediately if it becomes subject to any of the events identified as an Insolvency Event in condition 11.1;
      • give the Seller such information relating to the Goods as the Seller may require from time to time; and
      • permit or procure permission for the Seller, its agents and authorised representatives to enter any premises of the Buyer or of any third party where the Goods are stored in order to inspect whether the Buyer is in compliance with this condition 7.3 and/or recover the Goods.
    • 7.4 Except where the Buyer becomes subject to an Insolvency Event as detailed in condition 11.1, the Buyer shall be entitled to re-sell or use the Goods in the ordinary course of its business (but not otherwise) before the Seller receives payment for the Goods.  However, if the Buyer resells the Goods before that time:
      • it does so as principal and not as the Seller’s agent;
      • title to the Goods shall pass from the Seller to the Buyer immediately before the time at which resale by the Buyer occurs; and
      • it shall account to the Seller for the proceeds of sale or otherwise of the Goods, whether tangible or intangible including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and in the case of the tangible proceeds, property stored protected and insured.
    • 7.5 Until such time as the property in the Goods passes to the Buyer (and provided the Goods are still in existence and have not been re-sold) the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so, to immediately enter upon any premises of the Buyer or any third party where the Goods are stored and re-possess the Goods.
    • 7.6 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) immediately become due and payable.
  • 8. WARRANTIES
    • 8.1 Subject to the conditions set out below the Seller warrants that finished Goods manufactured by the Seller will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of one month from the date of their initial use or one month from delivery whichever is the first to expire (“Warranty Period”).
    • 8.2 Subject to condition 8.1, if:
      • the Buyer gives notice in writing to the Seller during the Warranty Period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in condition 8.1;
      • the Seller is given a reasonable opportunity of examining such Goods; and
      • the Buyer (if asked to do so by the Seller) returns such Goods to the Seller's place of business at the Buyer’s cost,the Seller shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
    • 8.3 The Seller shall not be liable for any Goods' failure to comply with the warranty set out in condition 8.1 in any of the following events:
      • the Buyer makes any further use of such Goods after giving notice in accordance with condition 8.2(a);
      • the defect arises as a result of the Seller following any drawing, design or specification supplied by the Buyer;
      • the defect arises from fair wear and tear, wilful damage, negligence, abnormal working conditions
      • the defect arises because the Buyer failed to follow the Seller’s instructions (whether oral or in writing) or (if there are none) good trade practice regarding the same;
      • the Buyer alters or repairs such Goods without the Seller’s written approval:
      • the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or
      • if the total price for the Goods has not been paid by the due date for payment.
    • 8.4 Except as provided in this condition 8, the Seller shall have no liability to the Buyer in respect of the Goods' failure to comply with the warranty set out in condition 8.1.
    • 8.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.
    • 8.6 These  Conditions  shall  apply  to  any  repaired  or  replacement  Goods  supplied  by the Seller.
  • 9. INTELLECTUAL  PROPERTY
    • 9.1 The Buyer acknowledges that all intellectual property rights used by or subsisting in the Goods are and shall remain the sole property of the Seller or (as the case may be) the third party rights owner
    • 9.2 The Buyer shall indemnify, keep indemnified and hold harmless the Seller from and against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit and loss of reputation whether arising in tort (including negligence), in contract or otherwise and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by the Seller as a result of or in connection with any claim made against the Seller for actual or alleged infringement of a third party's intellectual property rights arising out of or in connection with the Seller's use of a Buyer specification set out in the Order. This condition 7.2 shall survive termination of the Contract.
    • 9.3 If any claim is made against the Buyer that the Goods infringe or that their use or re-sale infringes the patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person the Seller shall indemnify the Buyer against all loss, damages, costs and expenses awarded against or incurred by the Buyer in connection with the claim or be paid or agreed to be paid by the Buyer in settlement of the claim provided that:
      • the Seller is given full control of any proceedings or negotiations in connection with any such claim;
      • the Buyer shall give the Seller all reasonable assistance for the purposes of any such proceedings or negotiations;
      • except pursuant to a final award the Buyer shall not pay or accept any such claim or compromise any such proceedings without the consent of the Seller (which shall not be reasonably withheld);
      • the Buyer shall do nothing which would or might vitiate any policy of insurance or insurance cover which the Buyer may have in relation to such infringement and this indemnity shall not apply to the extent that the Buyer recovers any sums under any such policy or cover (which the Buyer shall use its best endeavours to do);
      • the Seller shall be entitled to the benefit of and the Buyer shall accordingly account to the Seller for all damages and costs (if any) awarded in favour of the Buyer which are payable by or agreed with the consent of the Buyer (which consent shall not be unreasonably withheld) to be paid by any other party in respect of any such claim; and
      • without prejudice to any duty of the Buyer at common law the Seller shall be entitled to require the Buyer to take such steps as the Seller may reasonably require to mitigate or reduce any such loss, damages, costs or expenses for which the Seller is liable to indemnify the Buyer under this clause.
  • 10. LIABILITIES
    • 10.1 Nothing in these Conditions shall limit or exclude the Seller's liability for:
      • death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
      • any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
    • 10.2 Subject to condition 10.1:
      • the Seller shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), misrepresentation, breach of statutory duty, or otherwise, for:
        • (a) any indirect, special, consequential or pure economic loss or damage;
        • (b) any loss of profits, anticipated profits, revenue or business opportunities; or
        • (c) damage to goodwill.
          (in each case arising as a direct or indirect result of the relevant claim); and
        • the Seller's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Goods for the Order to which the claim relates.
  • 11. TERMINATION
    • 11.1 Without limiting its other rights or remedies, the Seller may terminate the Contract with immediate effect by giving written notice to the Buyer if:
      • the Buyer (being a body corporate) is declared or becomes insolvent, has a moratorium declared in respect of any of its indebtedness, enters into administration, receivership, administrative receivership or liquidation or threatens to do any of these things (an “Insolvency Event”);
      • the Buyer (being an individual) is declared bankrupt, enters into any composition or arrangement with his creditors, has a receiver appointed to any of his assets, or ceases to carry on business (also an “Insolvency Event”); or
      • the Buyer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business.
      • the Buyer commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of being notified in writing to do so.
    • 11.2 If any of the circumstances described in condition 11.1 occurs, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under an Order without any liability to the Buyer and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
    • 11.3 On termination of the Contract for any reason the Buyer shall immediately pay to the Seller all of the Seller's outstanding unpaid invoices and interest.
    • 11.4 Termination of the Contract, however arising, shall not affect any of the parties' rights, remedies, obligations and liabilities that have accrued as at termination.
    • 11.5 Conditions which expressly or by implication survive termination of the Contract shall continue in full force and effect.
  • 12. EXPORT TERMS
    • 12.1 Where the Goods are supplied for export from the United Kingdom the provisions of this condition 12 shall (subject to any special terms agreed in writing between the Buyer and the Seller) apply notwithstanding any other provision of these Conditions.
    • 12.2 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties thereon.
    • 12.3 Unless otherwise agreed in writing between the Buyer and the Seller the Goods shall be delivered Free On Board (FOB) to the air or sea port of shipment identified in the Order Acceptance and the Seller shall be under no obligation to give notice under Section 32 (3) of the Sale of Goods Act 1979.
    • 12.4 The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Seller’s premises before shipment.  The Seller shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment or in respect of any damage during transit.
    • 12.5 Payment of all amounts due to the Seller shall be made by irrevocable letter of credit opened by the Buyer in favour of the Seller and confirmed by a bank acceptable to the Seller or, if the Seller has agreed in writing on or before acceptance of the Buyer’s order to waive this requirement, by acceptance by the Buyer and delivery to the Seller of a bill of exchange drawn on the Buyer payable 60 days after sight to the order of the Seller at such branch of National Westminster Bank plc in England as may be specified in the bill of exchange.
  • 13. FORCE MAGEURE
    Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event which hinders, delays or prevents performance of a party's obligations and which is either beyond that party's reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure or interruption of energy sources, other utility service or transport network, acts of God, war, threat of or preparation for war, armed conflict, terrorism, riot, civil commotion, interference by civil or military authorities, sanctions, embargo, export or import restriction, quota or prohibition, breaking off of diplomatic relations, national or international calamity, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosion, collapse of building structures, fire, flood, drought, storm, earthquake, volcanic eruption, loss at sea, epidemic, pandemic or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors.
  • 14. GENERAL
    • 14.1 Assignment and other dealings
      • The Seller may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
      • The Buyer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Seller.
    • 14.2 Entire agreement The Contract (incorporating these Conditions) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. The Buyer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Seller which is not set out in the Contract.
    • 14.3 Notices Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    • 14.4 Waiver No waiver by the Seller of any breach of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.  No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    • 14.5 Severance If any provision of these Conditions is held by any competent authority to be invalid, illegal or unenforceable in whole or in part, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification or deletion of a provision under this condition the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
    • 14.6 VariationExcept as expressly stated in these Conditions, no variation to these Conditions including the introduction of any additional terms and conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
    • 14.7 Relationship Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between the Seller and the Buyer, constitute either party the agent of the other party or authorise either party to make or enter into any commitments for or on behalf of the other party.
    • 14.8 Third party rights No one other than a party to the Contract and their permitted assignees shall have any right to enforce any of its terms.
    • 14.9 Governing law The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales.
    • 14.10 Jurisdiction Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).

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