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General terms and conditions

Attention! We have two seperate Terms and conditions for our Custom-Made caravans and for our Webshop.
Terms for our webshop can be found below the Custom-Made terms.

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Terms and Conditions

Index:

Article 1 - Definitions

Article 2 – Identity of the Business

Article 3 - Applicability

Article 4 - The offer

Article 5 – The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in the event of withdrawal

Article 8 – Exclusion of the Right of withdrawal

Article 9 - Price

Article 10 – Compliance and warranty

Article 11 - delivery and execution

Article 12 - Duration transactions duration, termination and renewal

Article 13 - Payment

Article 14 – Complaints mechanism

Article 15 - Disputes

Article 16 – Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Grace period : The period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day:calendar day;
Continuing performance contract: : a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable medium:every means that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model form for withdrawal which the trader makes available and which a consumer may fill in if he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the Entrepeneur

Glaravans, represented by E. Baas.

Pakhuisstraat 8 / 7553 GX / Hengelo (OV) / Netherlands

Phone: 074-7501156

E-mail: info @ Glaravans.com

Dutch Chamber of Commerce number: 73598658

VAT identification number: NL001562284B55

Article 3 - Applicability These general terms and conditions apply to every offer made by the trader and to every distance contract and order that is concluded between the trader and the consumer. Before the remote agreement is concluded, the text of these general conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it shall be stated where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer, either electronically or in some other way. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer If an offer has a limited validity or is made under certain conditions, this will be explicitly mentioned in the offer. The offer is without any obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot lead to compensation or dissolution of the agreement. Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price including taxes; any costs of shipment; the way in which the agreement will be brought about and which actions are necessary for that; whether or not the right of withdrawal is applicable; the method of payment, delivery and implementation of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used; whether the agreement is archived after its conclusion, and if so, in what way it can be consulted by the consumer; the way in which the consumer can check the data provided by him in the framework of the agreement before its conclusion and, if desired, correct them; The possible other languages in which, besides Dutch and English, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically; and the minimum duration of the remote agreement in case of an extended transaction. The available sizes, colours & types of material.

Article 5 - The agreement The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the consumer is able to pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier: the visiting address of the office of the entrepreneur where the consumer can get into contact with complaints the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal; the information on guarantees and existing service after purchase; the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement; the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite. In the event of a long-term transaction, the provision in the previous paragraph shall apply only to the first delivery. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

In case of delivery of products:

When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative. During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. When the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, for example by means of a proof of posting. If, at the end of the periods mentioned in paragraphs 2 and 3, the Customer has not indicated that he wishes to make use of his right of withdrawal, or has not returned the product to the Entrepreneur, the purchase shall be deemed to have taken place.

In case of provision of services

When services are supplied, the consumer has the option of dissolving the agreement without giving reasons for a period of at least 14 days starting on the day of entering into the agreement. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur in the offer and / or at the latest on delivery.

Article 7 - Costs in case of withdrawal If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment, unless stated otherwise. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or that conclusive proof of the complete return can be provided. Reimbursement will be made via the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information required by law regarding the right of withdrawal; this must be done prior to conclusion of the purchase contract.

Article 8 - Exclusion of the right of withdrawal The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: that have been created by the entrepreneur according to the specifications of the consumer; that are clearly personal in nature; that cannot be returned due to their nature; that spoil or age quickly; whose price is linked to fluctuations in the financial market over which the entrepreneur has no influence; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal. for hygienic products of which the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transport, catering or leisure activities to be provided on a certain date or during a certain period; of which the delivery has started with the consumer's explicit consent before the cooling-off period has expired; concerning betting and lotteries.

Article 9 - The price During the period of validity stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes resulting from changes in VAT rates. Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the entrepreneur's control, at variable prices. The offer shall include a reference to this link to fluctuations and the fact that any prices mentioned are recommended prices. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and: they are the result of statutory regulations or provisions; or the consumer has the authority to terminate the contract from the day on which the price increase takes effect. The prices stated in the offer of products or services include local VAT rates. All prices are subject to misprints and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A guarantee provided by the trader, manufacturer or importer does not detract from the legal rights and claims that the consumer may assert against the trader on the basis of the agreement. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in new condition. The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. The guarantee does not apply if: The consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or contrary to the instructions of the entrepreneur and/or are treated on the packaging; The inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing applications for the provision of services. The place of delivery is the address that the consumer has made known to the company. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at least within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered shall be stated in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded in the case of replacement items. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless otherwise expressly agreed.

Article 12 - Continuing transactions: duration, termination and extension

Termination

The consumer may terminate a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of up to one month. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month. The consumer can terminate the contracts referred to in the previous paragraphs: at any time and not limited to termination at a specific time or during a specific period; at least terminate them in the same way as they were entered into by him; always terminate them with the same period of notice as the entrepreneur has stipulated for himself.

Extension

A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time. In departure from the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer is able to terminate this renewed contract at the end of the renewal period, with a period of notice that does not exceed one month. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period that does not exceed three months if the contract is to regularly supply daily or weekly newspapers or magazines, but less than once a month. An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may at any time terminate with a notice of up to one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment Insofar not otherwise agreed upon, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6, paragraph 1. In case of an agreement for the provision of a service, this period shall start after the consumer has received the confirmation of the agreement. The consumer has the duty to report any inaccuracies in payment data provided or stated immediately to the entrepreneur. In the event of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure. Complaints about the performance of the contract must be submitted to the entrepreneur in a complete and clearly defined way within two months after the consumer has found the defects. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure. In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr). A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

For Custom-Made Caravans

The Seller: Glaravans, having its registered office in Hengelo (OV), the Netherlands, user of these terms and conditions of sale.

The buyer: the person on whose behalf or on whose account, or with whom a purchase agreement for the supply of goods is concluded and/or for the provision of services.

Quotation and due date
Issued quotations are provided electronically, in writing or orally and are valid for 14 days. By agreeing to the quotation, one also agrees to the general terms and conditions as stated here in this document.

The stated price and due date are approximate, unless the buyer and seller agree on a fixed price and/or due date. If the approximate price stated is exceeded or threatened to be exceeded by more than 5%, the seller must contact the buyer to discuss the additional costs. Prices include VAT unless stated otherwise.

Waiting list
Upon acceptance of a quotation for a Custom-Made Glaravan, a deposit of €500.00 will be made by the buyer(s) to start the design process. This amount will be deducted from the final invoice. This amount will not be reimbursed if the buyer(s) drops out prematurely, regardless of the circumstances.

Agreement/Approval
In the case of a Custom-Made Glaravan, the entire design is reviewed and signed for approval before the start of the construction of the Glaravan. The contract consists of two parts: Contract Part A, in which the technical details are determined, and Contract Part B, in which the interior is documented. For the drawing, the buyer agrees to the design as sketched on paper, together with the samples shown that correspond to the materials used in the Glaravan.

Content of Custom-Made Glaravans agreement
PART A
Structure
Technical details
Type of caravan
Delivery time
Price

PART B
Selected colours & interior parts
Selected fabrics, seats & mattresses
3D impressions
Samples of various materials

The buyer is expected to have studied the seller and to have a good idea of the expected quality and to approve of this.

Cancellation
Upon the signing of an agreement, the cooling-off period of 14 days expires. In the event of cancellation during the agreement before delivery, the seller retains the right to 60% of the deposit.

Payments
In the case of Custom-Made Glaravans, there are four payment moments.

1. The waiting list deposit of €500.00, deducted from the final invoice.

2. Upon the signing of the agreement contract part A Technical details, a deposit of 40% of the total amount is due.

3. Upon signing the agreement contract part B Interior, a deposit of 20% of the total amount is due.

4. Upon delivery, the last 40% of the total amount will be paid with the waiting list invoice of €500.00 deducted.

5. For each invoice, it is expected that the amount will be credited within 7 days of the invoice date to the account of the seller, the details of which can be found in this document.

6. Special situations such as import/export, the purchase of a specific caravan and the costs of these situations are specifically stated in the contract and involve a possible fifth separate payment.

Price changes/Increases
Changes in taxes, excise duties and similar government levies are passed on at all times in both the fixed and the non-fixed agreed price.

Adjustments/changes
The seller has the right to make adjustments or changes if an order cannot be executed in full in accordance with the agreement. In the event of additional costs, this will be in consultation with the buyer.

Delivery date
Exceeding the delivery date The agreement shall state an estimated delivery date. The seller has the right to exceed this delivery date. Exceeding the delivery date will always in consultation with the buyer.

Delivery always takes place at Glaravans in Hengelo (OV), The Netherlands. Immediately after delivery, the customer bears the risk of all direct and indirect damage that occurs to or by the delivered goods or parts thereof.

Delivery
Because it is difficult for the buyers to assess upon delivery whether the product is fully working and compliant, the buyers have the right to return to Glaravans with the caravan one time after delivery of the Custom-Made Glaravan to make adjustments and eliminate possible flaws from the caravan. Glaravans does not charge for this.

Retention of title
The Glaravan or other goods to be built remain the property of the seller, as long as the buyer has not fully paid all that is owed under the purchase agreement.

Right of retention
The seller may exercise the right of retention on the caravan if and for as long as the buyer does not or does not fully pay the costs of the work on the caravan or goods, or the buyer does not or does not fully pay the costs of previous work done by the seller on the same caravan or goods.

Warranty
The seller provides a warranty under the following conditions:

1. The warranty is granted by the seller with effect from the invoice date of the last payment for delivery. The warranty applies for the buyer and not for successors in title.

2. All third-party equipment supplied by the seller is subject to the warranty of these parties as well as their warranty conditions. These instructions and manuals are supplied with the caravan or shop.

3. The seller gives a 36-month warranty on the interior and water-proofness (if applicable) of the caravan or goods.

4. The water-proofness warranty only remains valid with an annual water-proofness check during the warranty period. This must be done by Glaravans in Hengelo.

5. The seller gives a 36-month limited warranty on the undercarriage/chassis of the caravan. In the event of damage and incorrect use, this will expire.

6. Repairs or replacement of parts on the occasion of normal, customary maintenance, insofar as not resulting from the defective execution of the maintenance performed by the seller for the delivery, are not covered by the warranty.

7. Neither does the warranty cover defects caused by intent, incorrect use, or repairs that have not been done in the seller's company or on the seller's behalf.

8. Defects that have arisen outside the European Economic Area are not covered by the warranty, unless the buyer can prove that the defects have not arisen due to circumstances deviating from those in the European Economic Area (inferior roads etc.).

9. In the case of a lifting roof, no warranty is given on the tent canvas.

10. The buyer must always contact the seller for the fulfilment of the warranty, unless the need for immediate repair has occurred elsewhere and this can be demonstrated by the buyer based on the information provided by the repairer and/or on the basis of the broken parts. If repair takes place in the Netherlands, Belgium, Luxembourg or Germany, this must always be done by Glaravans in Hengelo. The costs of repairs done elsewhere will only be reimbursed in consultation, before the repair takes place, at the price level prevailing at the seller's company.

11. The warranty shall lapse if the buyer does not notify the seller soon after the defects have been discovered.

12. The warranty shall lapse if the seller is not given the opportunity to remedy the defects.

13. Warranty work that is not done by the seller will not be reimbursed unless otherwise agreed in writing.

Condition of the chosen caravan
In the event of agreement for a custom-made Caravan, the buyers shall consider the following:

1. If the seller is unable to obtain specific parts for the caravan, the seller will look for the most suitable solution and apply it.

2. The condition of the exterior of the caravan, with due observance of dents, caravan specific parts and special shapes, can never be brought back into the news condition. The buyer is aware that the seller works with an ‘old’ caravan, and this caravan always retains minor visual defects.

3. The customer is aware that caravan windows, with the exception of single-glass windows, are reused; the condition of the windows before the renovation remains the same unless stated otherwise in the contract. In the absence of windows for the chosen caravan, the seller has the right to pass on the cost of windows to the customer as an additional charge. If windows become defective during the renovation process,the seller must reimburse this to the buyers.

4. The chassis will always be completely renovated and, where possible, modernized, depending on the wishes of the buyers and/or for possible export.

Dissolution & force majeure
If the seller is (temporarily) unable to deliver due to circumstances or force majeure, an appropriate solution is sought. This may take the form of postponement of delivery, outsourcing of production to third parties or cancellation of the purchase. In none of the cases can the seller be held liable in any form or be held to pay any amount of damage compensation. In any case, force majeure of the seller means:

- the circumstance that the seller does not, does not timely or does not properly receive a performance that is important in connection with the performance to be delivered by the seller;

- strikes, disasters, wars, fire and pandemics.

- government measures, which prevent the seller from fulfilling the obligations in a timely or proper manner.

The purchase agreement, as agreed in Article 3, will be dissolved without judicial intervention after written declaration when the customer is declared bankrupt, applies for provisional suspension of payment or loses control of his assets or a part thereof by attachment, placement under guardianship or otherwise, unless the trustee or administrator guarantees the fulfilment of the obligations arising from this purchase agreement.

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