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Trimax Standard Terms & Conditions of Sale.

This page provides information on our standard terms and conditions of sale.

Revision 1.0 — 11 July, 2023

Trimax Standard Terms and Conditions of Sale — North America

 

1. Acceptance of Terms

Capitalized terms are defined below. Unless other terms are specified in Seller’s Quotation or Invoice, the following Terms and Conditions of Sale (“Terms“) will govern the offer and sale of all Goods and Services provided by Seller to Buyer. Any terms and conditions of sale (other than the economic terms of the Order) that may be contained in any purchase order or other form provided by Buyer will be without force and effect, regardless of when received by Seller. By placing an Order, Buyer accepts these Terms, and the sale and delivery by Seller of Goods and Services will be conclusively presumed to be subject to these.

 


 

2. Definitions

“Buyer” and “Seller” are identified on the Quotation or Invoice. “Goods” are all equipment, products, goods, or materials listed on a Quotation or Invoice. “Services” are services listed on a Quotation or Invoice. A “Quotation” is issued by Seller to Buyer to offer the sale of Goods and any Services and is valid for a period of 30 days from the date of issue. “Order” means Buyer’s commitment to purchase Goods from Seller. An “Invoice” is a written invoice for Goods and/or Services provided by Seller to Buyer for Orders accepted by Seller in writing or by performance.

 


 

3. Orders

Seller will have the right to accept or reject an Order in its sole Seller’s acceptance of an Order from Buyer may be subject to Buyer’s credit approval and other conditions required by Seller. Buyer will not have the right to cancel an Order without Seller’s prior written consent.

 


 

4. Prices and Taxes

Prices will be set forth in the Quotation or Seller’s published price schedules. Prices and these Terms are subject to change without Unless specifically stated, prices do not include sales, use, excise or other similar taxes or duties (“Taxes“). Buyer will pay any and all clearance charges, broker’s fees, Taxes and other amounts payable in connection with Seller’s delivery of Goods and provision of Services. If Seller is required to pay any Taxes on the Goods or Services furnished hereunder, Buyer will promptly reimburse Seller for such Taxes.

 


 

5. Payment

Buyer will pay all Invoices prior to dispatch unless alternative payment terms are agreed upon and specified on the Invoice and will be paid in U.S. dollars (or the currency indicated in the Invoice) in immediately available funds via wire transfer to an account designated by Seller or by check payable to Seller. Payment will not be deemed to have been received until Seller has received cleared funds. Buyer will make all payments due in full without any deduction, whether by way of set-off, counter-claim, discount, abatement or otherwise. If Buyer fails to pay Seller any sum due, Buyer will be liable to pay interest at an annual rate equal to the lesser of (a) 18% per annum, accruing on a daily basis until payment is made; or (b) the maximum amount permitted by law.

 


 

6. Delivery and Acceptance

Seller will deliver the Goods. Buyer will pay all freight, insurance, and other shipping expenses, as well as any special packing expenses. Seller will use commercially reasonable efforts to meet the quoted delivery dates and will have the right to deliver partial shipments of Goods. Buyer is deemed to have accepted the Goods upon delivery unless Buyer notifies Seller at time of delivery of any loss, damage, shortage or other non-conformity. In the absence of receipt of such notice, Buyer will have no right to reject the Goods or Services and will be required to pay the Invoice price for such Goods. Buyer will have no right to suspend or delay delivery of Goods. If Buyer fails to accept delivery of Goods, Seller will have the right to store or arrange storage of the Goods at Buyer’s risk and expense. Buyer will promptly pay for the reasonable costs of storage and insurance of the Goods until Seller will not accept any returns of Goods without Seller’s prior written authorization.

 


 

7. Risk and Title

The risk of loss or damage to the Goods will pass to Buyer when the Goods are delivered to Buyer or its agents. Title to the Goods will pass to Buyer when Seller has received payment in full of the Invoice price of the Goods. Until title has passed to the buyer, the buyer will hold the Goods on a fiduciary basis as the manufacturer’s bailee. The buyer agrees to take all necessary precautions to prevent any damage to the Goods and to maintain the Goods in good condition. If the buyer fails to make full payment for the Goods, the manufacturer shall have the right to recover the Goods, at the buyer’s expense, without prejudice to any other remedies available to the manufacturer at law or in equity. The buyer agrees to cooperate fully with the manufacturer in recovering the Goods, including providing access to the Goods and any necessary documentation or information. The buyer shall be responsible for all costs incurred by the manufacturer in connection with the recovery of the Goods, including but not limited to transportation, storage, legal fees, and any other related expenses. The manufacturer’s recovery of the Goods shall not be deemed a cancellation of the sale unless the manufacturer expressly agrees to such cancellation in writing.

 


 

8. Security Interest

Buyer grants Seller a security interest in the Goods in the amount of the unpaid balance of the price until paid in full. Seller will have the right to file a financing statement for such security interest and Buyer will sign any such statement or other documentation that Seller deems necessary to protect Seller’s security interest upon request by Seller.

 


 

9. Limited Warranty

a. New Equipment and Parts. Unless stated otherwise in the Quotation the warranty is limited to the terms and conditions set forth by the seller Warranty Policy. b. Exclusions. The foregoing limited warranties do not apply if Buyer has not paid for the Goods or Services in full, and do not extend or apply to (i) any defects or losses due to misuse, accident, abuse, neglect, normal wear and tear, improper installation, failure to maintain or improper application or matters caused by the negligence misconduct of Buyer or any third party; (ii) equipment that is sold “AS IS”.

 


 

10. DISCLAIMER

EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THESE TERMS, SELLER AND ITS SUPPLIERS MAKE NO AND HEREBY DISCLAIM ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE GOODS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE.

 


 

11. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER OR ANY THIRD PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR ANY OTHER LOSS), AS A RESULT OF THE OFFER, SALE OR USE OF GOODS OR SERVICES, UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, WARRANTY OR OTHER WRONGFUL ACT OR OMISSION OF SELLER AND EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) SELLER’S TOTAL LIABILITY FOR ALL CLAIMS WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL PRICE PAID TO SELLER PURSUANT TO THE ORDER UNDER WHICH LIABILITY AROSE.

 


 

12. Indemnification

To the fullest extent permitted by applicable law, Buyer will defend, indemnify and hold harmless Seller, its subsidiaries, affiliates, parents, partners, their successors and assigns and each of their respective past and present directors, officers, employees and agents (collectively “Seller Indemnitees”) from and against any and all losses, damages, liabilities, demands, claims, actions, judgments, charges, court costs, and legal or other expenses, including, without limitation, reasonable attorneys’ fees (“Liabilities”), which Seller Indemnitees may sustain, incur or become liable for in defending or compromising any suit, action, or other proceeding arising out of, related to, or in any way connected with Buyer’s purchase, sale, or use of the Goods or Services, including, but not limited to, Buyer’s misuse of such Goods or Services, environmental claims resulting from Buyer’s use of the Goods or Services, or any other acts or omissions, willful misconduct or negligence, whether active or passive, on the part of Buyer; provided, however, Buyer will have no indemnity obligations under this paragraph for any Liabilities caused solely by the willful misconduct or negligence of a Seller Indemnitee or covered by Seller’s infringement indemnification obligations set forth in these Terms.

 


 

13. Privacy Notice

Seller, acting as controller, collects certain personal data regarding Buyer, its employees and its representatives as required for the purposes described below, including name, title, email address, phone number and mailing address (“Personal Data”). Such Personal Data will need to be provided in order for Seller to be able to manage Seller’s supply of Goods to Buyer. Seller may share Personal Data with its affiliates around the world. Seller and its affiliates will collect and use Personal Data in accordance with applicable privacy and data protection laws, solely to communicate with Buyer regarding pending and potential supply activities, for customer management purposes and other legitimate business purposes concerning Buyer’s and Seller’s business relationship.

 


 

14. Force Majeure

Seller will not be liable for failures or delays caused by events or circumstances beyond its reasonable control.

 


 

15. Assignment

Buyer will not have the right to assign or transfer Quotations or Orders, in whole or in part, except with Seller’s prior written permission. Seller has the right to assign its rights, or to delegate or subcontract its obligations or any portion thereof, to any affiliate or successor to its business or the assets to which these Terms relate. Seller does not owe warranty to any third party.

 


 

16. Dispute Resolution and Governing Law

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Fayetteville, Georgia. The arbitration shall be governed by the laws of the State of Georgia. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. The arbitrators may determine how the costs and expenses of the arbitration shall be allocated between the parties, but they shall not award attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

 


 

17. Language

These Terms are written in the English language. Should these Terms be translated into any other language for convenience or legal requirements, the English language version will control in the event of any conflict to the fullest extent allowed by applicable law.

 


 

18. Miscellaneous

Time for payment is of the essence. Buyer acknowledges that it has not been induced to purchase any Goods or Services from Seller by any representation or warranty not expressly set forth herein. These Terms constitute the entire agreement of the parties and supersede all existing agreements and all other oral or written communications between the parties concerning the subject matter contained herein. None of the terms and conditions contained herein may be added to, modified, superseded or otherwise altered except by a written document signed by an authorized representative of Seller. Any waiver or failure to enforce any provision herein on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. Section headings contained herein are intended for convenience of reference only and will not affect the interpretation of any provision. If any provision of these Terms is held to be prohibited or unenforceable, the parties will promptly substitute for the invalid provision a valid and enforceable provision which most closely approximates the intent and economic effect of the invalid provision and the remaining provisions will continue in full force and effect.

ROAD KIT

Includes strobe beacons, slow-moving vehicle triangle, license plate mount and light, safety chains, and high visibility lights for the side and rear of the mower.

SPARE ROAD TIRE & MOUNT

Trimax turf tires help distribute the weight of the mower for less ground disturbance. Recommended for turf/sod farms or fine turf applications. A mudguard option for turf tires is also available.

TURF TIRES

Trimax turf tires help distribute the weight of the mower for less ground disturbance. Recommended for turf/sod farms or fine turf applications. A mudguard option for turf tires is also available.

STORAGE BOX

The Storage Box can be mounted to the mower with the Lighting Kit with Storage Bracket for easy access to spare parts and tools in the field.

IN-CAB UNLOCK SYSTEM

Unlock the mower side decks’ transport lock from the convenience of the tractor seat using a release rope.

PRECISE CUT HEIGHT ADJUSTMENT

Clearly displayed indicators in both metric and imperial units and a high-tensile 2mm pitch adjuster for precise cut height alterations.

NEW LARGER WHEELS

Larger wheels help distribute the weight of the Pegasus S5 for 20% less ground pressure.

ROBUST CHASSIS

The Pegasus S5 chassis has a brand-new design to increase strength while staying light on turf.

TITAN ROLLER BEARING SYSTEM

The Trimax Titan roller bearing is maintenance-free, requiring no regular greasing.

IMPACT PROTECTION

The outrigger arms and side channel leading edges have been redesigned for increased impact protection.

LEFT-HAND OFFSET

Warlord comes standard in right-hand offset, but can be configured left-hand offset. Suitable for contractors who may prefer visibility over their left-hand shoulder.

RIGHT-HAND OFFSET

Ezeemow 133 available in offset position only. 155 and 185 available in either offset or center mount configuration.

ROAD LIGHTS AND CHAINS

Add LED tail light clusters, safety chains, and transport wheel mudguards for road transportation.

ELECTRIC UNLOCK

The Electric Unlock option replaces the standard in-cab transport lock release rope with an electric actuator. This is operated by a push button remote.

MUDGUARDS, LIGHTS, AND CHAINS

Add LED tail light clusters, safety chains, and transport wheel mudguards for road transportation.

GALVANIZED

Hot-Dip Galvanizing provides added protection against corrosion. This is especially useful in coastal environments with high salt concentrations and applications with high fertilizer usage.

NEXABLADES

Scientifically designed for high-end turf giving a superior cut and spread when it matters most.

QUATTRO BLADE SYSTEM

This system adds 2 more blades to each spindle (2 flat & 2 upturned) for a finer cut on warm season grasses.

ON-CALL KIT

Each kit contains bearings, blades, and belts for a quick replacement in the field.

ROLLER SCRAPERS

Trimax Helical Scrapers operate with reduced tension but apply a constant pressure across the roller to assist with the cleaning of debris.

ANTI-BOUNCE SKIDS

Ideal for high speed mowing, Anti-Bounce Skids reduce the ‘scalping’ effect when mowing on uneven turf. Helps to ease the mower over humps between the front and rear rollers.

IN-CAB UNLOCK SYSTEM

Unlock the mower wings’ transport lock from the convenience of the tractor seat using the tractor’s hydraulic control lever.

 

GALVANIZED

Provides added protection against corrosion. This is especially useful in coastal environments with high salt concentrations or high fertilizer usage.

 

ADJUSTABLE DRAWBAR

Align the drawbar with the tractor hitch while maintaining a level chassis with one simple adjustment.

 

HEAVY DUTY ROLLER

A robust roller with 5/16″-thick walls to handle tough applications.

 

ADVANCED ENGINEERING

Trimax’s meticulous design process combined with bespoke, innovative manufacturing technologies produce the most accurate rotary cut in the market.

 

COMPACT TRACTOR SUITABLE

Able to be paired with tractors as low as 25 hp, perfect for smaller budgets and compact tractors.

 

STRIPING CAPABLE

Full width front and rear rollers produce beautiful striping.

 

ANTI-WEAR SKIDS

Anti-wear skids reduce wear on side channels when operating in rough or uneven terrain.

 

IN-CAB UNLOCK SYSTEM

Unlock the mower wings’ transport lock from the convenience of the tractor seat using a release rope.

 

SNAKE MULCH KIT

Save on purchasing dedicated leaf blowing and collection units with the Snake Mulch Kit. Retrofittable to existing Snake S1 & S2 models.

SAFETY TESTED

The Vulcan complies with agricultural standard ISO4254 for protection against thrown objects, blade impacts, blade unbalance and more.

 

EASILY TRANSPORTABLE

Compacts to 8′ wide for easy transport from farm to farm (refer to local road regulations).

 

QUICK AND EASY HEIGHT ADJUSTMENT

Spacer rings are used to set the height and ergonomically designed handles make it simple for a one-person change in under 15 minutes.

 

GALVANIZED

Provides added protection against corrosion. This is especially useful in coastal environments with high salt concentrations or high fertilizer usage.

 

PUNCTURE PROOF SOLID TIRES

These solid closed cell, airless formulated tires do not absorb water allowing superior rolling performance, durability, and no punctures.

 

SUSPENSION

The new Pegasus S5 Flexiride Torque Suspension System is designed for increased strength and smoother travel at highway speeds.

ROAD TRANSPORTABLE

Equipped with a roadworthy chassis and capable of being towed at highway speeds.

 

WEAR RESISTANT SKIDS

Trailing skids made from abrasion-resistant steel extends bearing life and enables productivity in challenging environments.

 

FRONT CASTER WHEELS

Front semi-pneumatic caster wheels allow the FlailDek FX to follow ground contours independently from the tractor.

 

SAFE CLIPPING DISPERSION

Safety is paramount when mowing in public areas. The FlailDek FX expels debris in a downward direction behind the mower.

 

TURF TIRES

Trimax turf tires help distribute the weight of the mower for less ground disturbance.

WHEELS RUN ON CUT GRASS

As the rear deck is located between the rear transport wheels, grass is not flattened by the wheels prior to mowing, a feature unique to Trimax.

 

ULTIMATE CONTOUR-FOLLOWING

Contour-following and cut quality is compromised when decks are over 9′ 10″ wide. The X-WAM features multiple smaller decks for superior cut quality.

 

FULL HYDRAULIC OPERATION

The X-WAM uses full hydraulic operation for deck retraction into road transport mode.

 

LOW MAINTENANCE

All moving surfaces have long life synthetic bushes, or greasable bearings and remote grease points for hassle-free maintenance.

 

ROADSIDE ROLLER

Comes with a standard heavy duty roller, with 1/2″ wall thickness. Suitable for more demanding applications such as roadsides.

 

LOW MAINTENANCE

SteadFast Sealed Spindles have eliminated the tedious task of regular greasing. Snake now also features maintenance free pivot bushes.

 

RAPIDSET HEIGHT ADJUSTMENT

Clearly displayed cut height indicators allow for simple and easy alteration or resetting of cut heights. You can adjust heights without having to raise and lower the wings.

HIGH SPINDLE SPEEDS

The Trimax Topper has more spindles than comparison shaft driven toppers. These also spin at higher spindle speeds with shorter blade beams. This results in significantly more cuts per forward meter of travel and a much finer clip.

 

LOCTEK ROLLER BEARING RETENTION SYSTEM

A patent pending stubless roller bearing system for vastly improved retention, bearing life and replacement ease.

 

REPLACEABLE SKIDS

Skids on Warlord trailing arms prolong mower life in demanding terrain. The skids can be moved and replaced when required.

 

ANTI BLOCK SYSTEM

Topper spindles are fitted with a unique anti-block mechanism which deters long grass from catching and binding around the spindle restricting movement.

 

IMPROVES FEED QUALITY

Topping can be used to control poor quality pasture components such as removal of seed-heads and thistles and prevent their reoccurance.

 

ADVANCED DESIGN

Topper is short front to rear and mounts close to the tractor; allowing the use of smaller tractors. The high underbody clearance and open deck design allows for good flow of grass into the mowing deck and a clean ejection of cut grass.

 

LOW MAINTENANCE

With only 4 carefully positioned grease points and robust spindles with sealed ball bearings, the Trimax Striker has incredibly low maintenance requirements.

 

SAFETY

Striker exceeds international safety standards and is backed up by our meticulous testing and support network. Striker is a mower that can be used with confidence even when mowing in confined areas.

 

ADVANCED DESIGN

Striker incorporates decades of experience with multi-spindled rotary roller mowers. Designed to complement compact tractors, Striker retains the attention to detail that minimizes downtime and makes servicing easy. The cutting system, body integrity and sealed ball bearing spindles have been proven with extensive and rigorous testing.

 

REDUCED MAINTENANCE

We’ve eliminated the need to grease the pivot points and our updated spindle technology requires less maintenance and offers greater simplicity. You can spend more time mowing and less time maintaining!

 

EASY TO CLEAN

The improved belt chamber design includes front openings, allowing grass to be easily washed or blown out.

 

ACCURATE SPINDLE SETTING TECHNOLOGY

Trimax’s unique and protected spindle technology ensures spindle height is perfectly aligned across the length of each deck, providing the most accurate and consistent cut in the market.

 

LOW MAINTENANCE

With zero daily maintenance required, we’ve reduced grease points by 50% and annual grease consumption by 80%.

3 YEAR WARRANTY

We build mowers that last and they’re supported with a 3 year industry leading warranty. Our robust design, coupled with our experienced service and support network, ensures minimum downtime and maximum productivity.

SAFE CLIPPING DISPERSION

Safety is paramount when mowing in public areas. This is why Trimax has designed the Ezeemow FX to expel debris in a downward direction behind the mower.

 

STEADFAST SPINDLES

Somewhat of an operators dream, these spindles offer extremely low maintenance and remove the regular task of regular greasing. As such, costs are reduced and productivity is enhanced.

 

DISCHARGE CONTROL

Coarseness of mulch is controlled by the height of the rear flap. The finest mulch is produced with the flap in the lowest position, this low dispersion also improves safety in public spaces. Lifting the flap fully open while servicing provides uninhibited access to flails and rotor.

HYDRAULIC SIDE SHIFT

The Warlord S3 can be positioned directly behind the tractor or quickly offset by up to 19″. This feature assists with transport and maneuvering around obstacles.

PRUNING GUIDE

Helps direct prunings and other foliage into the front aperture of the mower, which would otherwise be too high or wide. It also helps keep debris away from the hydraulic system for protection in challenging environments.

INTERNAL LINER

A 1/4″ replaceable internal liner reduces noise and minimizes outer body damage prolonging mower life.

MOST VERSATILE STEALTH

The improved cutting chamber and baffle design directs airflow from the blades out and over the rear roller. This improves cut quality and spread in both long and short grass.

 

QUIKLIFT

Enables mower decks to be raised without disengaging the PTO to traverse driveways, paths and pavements.

AUTO BELT TENSIONING

Eliminates the need for belt adjustments and improves drive to the spindles and blades.

ZERO TURN

Allows continuous cutting while turning sharply for maximum productivity.

 

ARTICULATION ABILITY

With three articulating decks the Snake has the ability to follow contours with minimal scalping.

EASY HEIGHT ADJUSTMENT

Clearly displayed stainless steel height indicators allow for the easy adjustment of cut heights without having to raise or lower the wings.

FULL WIDTH ROLLERS

A large diameter rear roller on the ProCut follows the contours and supports the mower across its entire width, providing excellent anti-scalp protection.

STAND ON COVERS

Provides safe and easy access to the rear of the tractor when coupling the mower.

 

BELT CAVITY DUAL WASH FLAPS

Provides easy access for removal of grass and drainage of water from belt cavities.

FULL WIDTH ROLLERS

Full width rollers on all decks follow the contours of the ground and provide excellent anti-scalp protection. Rollers also allow mowing along the edge of banks or paths, and produces a superb striping effect for those wishing to pattern their turf. Safety is enhanced as rollers contain debris in the cutting chamber.

RAPIDSET HEIGHT ADJUSTMENT

Clearly displayed cut height indicators allow for simple and easy alteration or resetting of cut heights.

LAZERBLADEZ

Achieves a superior cut and finish and are more cost efficient than cylinder reels or solid blade beams.

REAR ROLLER

Full width rear roller prevents scalping, permits the edge of the mower to be run along curbs, adds to overall safety and produces striping.

 

NEW IMPROVED ROTOR

Designed to withstand the toughest environments our new rotor is more durable ensuring downtime is kept to an absolute minimum.

 

UNIQUE CONVERTER

When in a downward position the converter creates suction, which lifts grass for a superb cut. For work in heavy grass, lift converter for increased grass intake.

 

LOCTEK ROLLER BEARING RETENTION SYSTEM

A stubless roller bearing system for vastly improved roller retention, roller alignment, increased bearing life and minimal maintenance. Includes our new increased strength tri-bolt bearing housing.

 

Trimax Snake Demo Video UK from Trimax Mowing Systems on Vimeo.

POWER SAVING FLAILS

With their aerodynamic profile our strong forged steel flails reduce hp requirements, yet generate sufficient updraft for a clean cut.

 

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