Terms & Conditions of Sale

Our Terms & Conditions of Sale

Last updated: January 11^th 2024

1. Introduction

Thank you for considering Castrads. These are the terms (the “Terms”) for your purchase of our products (the “Products”) and/or services (the “Services”). Please review these carefully before placing an order.

Your Status

Understanding your status (business or consumer) is important, as it affects your rights. We cater to both:

• Private individuals buying for personal use (consumer).
• Companies buying for business purposes.
• Property developers and traders (business).

If you’re a consumer, clause 17 does not apply to you. If you are business, clause 16 does not apply to you and clause 17 does.

Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products and/or Services.

You will receive a link to these Terms and certain pre-contract information in your confirmation email once your order has been confirmed (please see clause 7.3 below).

We amend these Terms from time to time as set out in clause 9. Every time you wish to order Products and/or Services, please check these Terms to ensure you understand the Terms which will apply at that time.

These Terms, and any contract between us, will only be made in the English language.

1.1 Information about us

We are Castrads North America, Inc, a C-corporation registered in New York State with our registered office at Brooklyn Army Terminal, Unit 5N-3 140a 58th St, Brooklyn, NY 11220. Our main trading address is Brooklyn Army Terminal, Unit 5N-3 140a 58th St, Brooklyn, NY 11220. Our showroom is at 70 Thompson St, New York, NY 10012. Our website is www.castrads.com/us/. Our EIN number is 61-1899022.

We have sister companies in the United Kingdom and Poland. If you are buying radiators either in the UK or in the EU, we will fulfil your order through those companies and you should read the terms specific to your region by selecting the relevant language above.

1.2 Definitions

In these Conditions, the following definitions apply:

Business Day: Any day other than a Saturday, Sunday or federal holiday in the United States.

Commencement Date: Has the meaning set out in clause 7.3 (if you place your order online) or clause 8.5 (if you place your order in person, over the phone or by email).

Conditions: These Terms as amended from time to time in accordance with clause 9.

Confirmation Email: Has the meaning set out in clauses 7.3 and 8.5.

Contract: The contract between the Supplier and the Customer for the supply of Goods and/or Services in accordance with these Conditions.

Customer: The person or firm who purchases the Goods and/or Services from the Supplier.

Delivery Location: The address stated in the Delivery Address area of our Confirmation Email.

Goods: The goods (or any part of them) set out in the Order.

Goods Specification: Any specification for the Goods, including any relevant quote, plans or drawings agreed in writing by the Customer and the Supplier.

Intellectual Property Rights: Patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world

Order: The Customer’s order for the supply of Goods and/or Services.

Services: The services, supplied by the Supplier to the Customer as set out in the Service Specification below.

Service Specification: The description or specification for the Services provided in writing by the Supplier to the Customer.

Supplier: Castrads North America Inc., a company registered in New York State.

Supplier Materials: All documents, information and materials provided by the Supplier relating to the Goods and/or Services including data, reports, manuals, handbooks and specifications.

1.3 Construction

In these Conditions, the following rules apply:

• 1.3.1 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
• 1.3.2 a reference to a party includes its successors or permitted assigns;
• 1.3.3 a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
• 1.3.4 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; and
• 1.3.5 a reference to writing or written excludes faxes but includes emails.

1.4 Cancelling Your Contract

To cancel your contract under clause 10, simply tell us by email at [email protected]. Upon receipt, we’ll email or call to confirm. Alternatively, contact Customer Services at 917-599-9951 or by mail to Unit 5N-3, 140a 58th St, Brooklyn, NY 11220. When emailing or writing, include your order number. Your cancellation is effective from the date you call, email or post the letter to us.

1.4.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 917-599-9951 or by emailing us at [email protected].

1.4.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.

1.4.4 When we use the words “writing” or “written” in these Terms, this includes emails.

2. Our Products

2.1 Product Images and Variations

The product images on our website, in color samples, and in brochures are for illustrative purposes only. Your actual products may slightly vary from these images, and there could be discrepancies in the colors advertised and the final products.

2.2 Primer Coating and Painting

For radiators supplied in a primer coating, it’s essential to use a suitable and heat-resistant paint. We recommend engaging our painting service to apply a top coat for you. Please note, a primer is not a top coat. If no paint is applied or if a non-recommended paint is used, we can’t accept liability for the finish’s longevity. For instance, a radiator without a top coat may scratch more easily.

2.3 Size Estimates and Property Alterations

Important Note: Do not make any changes to your property or lay pipework until your product is in place or accurate measurements are confirmed.

2.4 Pipework and Property Alterations

If you must lay pipework or make changes to your property before receiving the product, we can provide an accurate Pipe Center Measurements document upon request. This will offer exact measurements that you can rely on. Please note, we won’t be responsible for any remedial works needed if pipework is laid differently than specified in our confirmed Pipe Center Measurements document.

2.5 Assembly and Finish Terms

All products we supply are governed by the terms and conditions outlined in Clause 3, specifically addressing assembly and finish.

2.6 Our Right to Make Changes

2.6.1 Minor Changes to the Products: We may make minor changes to the Products:

• 2.6.1.1 to align with changes in laws, regulatory requirements, such as paint or packaging types; and
• 2.6.1.2 to implement minor technical adjustments and improvements. These won’t affect your use of the Products.

2.6.2 More Significant Changes to the Products: Additionally, we may make significant changes such as design alterations, changes in precise color finishes, method modifications for achieving a finish, or alterations to the exact size of a product (e.g., changing the mold used for a cast iron radiator). If such changes occur, we’ll notify you. You can then contact us to terminate the Contract before the changes take effect and receive a refund for any paid but unreceived Products.

3. The assembly and finish of our Products

Not all of our Products are delivered fully assembled.

All of our sectional radiators are assembled to a restricted size due to haulage and manoeuvrability considerations and most importantly, due to health and safety considerations. The maximum size for each radiator is provided within the description provided on our website and referred to as S_Max. If you order a sectional radiator in excess of its prescribed restricted size (as provided within the description on our website) we will be unable to deliver this to you in a fully-assembled form and this will be assembled by us up to the maximum size, with the additional pieces supplied separately with our Assembly Toolkit and assembly instructions for you to assemble yourself upon receipt.

4. Radiator Refurbishment

Notes specific to our Radiator Refurbishment Service. This service carries some inherent risks. Please read our separate Radiator Refurbishment Terms & Conditions for full details.

5. Use of our website

Your use of our website is governed by our Website Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

6. How we use your personal information

We only use your personal information in accordance with our Privacy Policy. Please take the time to read it thoroughly, as it includes important terms which apply to you.

7.If you place your order online

How the Contract is formed between you and us

7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

7.2 After you place an order, you will receive an email from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.

7.3 We will confirm our acceptance to you by sending you an email confirmation (Confirmation Email). The Contract between us will only be formed when we send you this Confirmation Email. The date of this email is the Commencement Date.

7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.4, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

8. If you place your order over the telephone or by email

How the Contract is formed between you and us

8.1 Having browsed our website and/or brochures, if you decide that you would prefer to place your order with us over the telephone or by email, the Contract will be formed in accordance with the process set out in this clause 8.

8.2 Having contacted us by telephone or email to let us know the Products and/or Services you would like to receive, you will receive an email from us containing our quote. All quotes refer to (and incorporate into any Contract between us) these Terms. Please note that receipt of our quote does not mean that your order has been accepted and our acceptance of your order will take place as described in clause 8.5.

8.3 Our sales process has been designed to allow you to check and amend any errors in the quote before forming the Contract, so as to avoid any mistakes which can be made in concluding Contracts by this method. Please therefore take the time to check your quote carefully.

8.4 Once you are satisfied that the quote is accurate and that you would like to proceed based on the order set out within the quote, but subject to these Terms, you should contact us by telephone again to confirm the same and to make payment as necessary.

8.5 Following the conclusion of our telephone call, we will confirm our acceptance to you by sending you a Confirmation Email. The Contract between us will only be formed when we send you this Confirmation Email. The date of this email marks the Commencement Date.

8.6 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.4, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.

9. Our right to vary these Terms

9.1 We amend these Terms from time to time. Please see the start of these Terms to see when these Terms were last updated.

9.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

9.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. If advance notice cannot be provided, we shall advise you of the change as soon as practicable after it has been made. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

10. Your Right to Return and Refund

10.1 Your rights to end the Contract depend on the nature of your purchase, its condition, our performance, and when you decide to end the Contract.

10.2 Your rights to end the Contract

10.2.1 If the product is faulty or misdescribed, you have the right to end the Contract or seek repair, replacement, or a refund (see clause 10.8).

10.2.2 You can end the Contract immediately if we:

• 10.2.2.1 Inform you about upcoming changes you disagree with (clause 13.4);
• 10.2.2.2 Report an error in the price or description and you don’t wish to proceed;
• 10.2.2.3 Face significant delays due to events beyond our control (clause 18);
• 10.2.2.4 Suspend product supply for technical reasons for more than 30 days;
• 10.2.2.5 Deliver late (clause 11.6).
• 10.2.3 Change of mind about a product or service might allow a refund during the cooling-off period (see clause 10.2.4), but this may incur deductions and return costs.

10.2.4 Cooling off period If you’re a consumer, you can cancel within the specified period based on the type of purchase:

• Single Product: End of 14 days after receiving it. E.g., Confirmation Email on 1 January, Product received on January 10 ; cancel by January 24.
• Instalment Delivery: 14 days after the last instalment’s receipt. E.g., First instalment on January 10, last instalment on January 15; cancel by January 29.
• Regular Delivery: 14 days after the first delivery. E.g., First delivery on January 10 ; cancel by January 24.
• Services: 14 days after the Confirmation Email. Once started, you can’t change your mind, and you must pay for services provided after cancellation notice.

10.2.5 To cancel, inform us via email to [email protected] or call 917-599-9951.

10.2.6 This cancellation right doesn’t apply if surface finishings are applied at your specification. For such Products:

• 10.2.6.1 Cancelling after work begins is not allowed (as permitted by law);
• 10.2.6.2 Due to the extra work in restoring after a full surface finish, only 50% of the Product price (excluding surface finish cost) will be refunded.

10.3 Refunds

If you cancel your Contract, we will:

• 10.3.1 Refund the price you paid for the Products, except:
  • 10.3.1.1 For custom surface finishings, which are non-refunadable.
  • 10.3.1.2 If your handling of the Products reduces their value, we may reduce the refund (up to the total price).
• 10.3.2 Refund any delivery costs paid, up to the least expensive method we offer.
• 10.3.3 Process refunds within the following deadlines:
  • 10.3.3.1 If the Product is received, within 14 days after receiving it back or after evidence of sending it back is provided.
  • 10.3.3.2 If the Product is not received, within 14 days after you inform us of the cancellation.

10.4 If you returned faulty or mis-described Products under clause 10.2, we will refund the full price, applicable delivery charges, and reasonable return costs.

10.4 Refunds will be processed using the original payment method, unless agreed otherwise.

10.5 If a Product is delivered before cancellation:

• 10.5.1 Return it within 14 days after notifying us of cancellation. If we offered collection, we’ll arrange a suitable time.
• 10.5.2 Unless the Product is faulty or not as described (refer to clause 10.9), you’re responsible for return costs. Estimated costs should not exceed our delivery charges. Collection costs, if offered, will be charged at the direct cost to us.

11. Delivery

Please pay particular attention to clause 11.2.

11.1 We aim to deliver within 30 days of the expected completion date for bespoke orders or after the Confirmation Email for off-the-shelf orders. Delays may occur, especially with bespoke Products. We recommend not hiring professionals until Products are delivered.

11.2 If no one is available for delivery, we’ll leave a note or contact you according to the specific courier’s available services. Contact the courier or us to arrange redelivery. We reserve the right to charge for redelivery. Failure to rearrange may incur storage costs. Unreachable clients may lead to contract termination.

11.3 If you don’t need Products immediately, inform us to delay production. Storage beyond two weeks may incur charges, including insurance.

11.4 Delivery completes when Products reach your provided address. Responsibility transfers to you at this point.

11.5 Ownership transfers upon full payment, including delivery charges.

11.6 If we miss the deadline, you may cancel if:

• 11.6.1 We refused delivery.
• 11.6.2 Timely delivery was essential.
• 11.6.3 Essential delivery was communicated before order acceptance.

11.7 If not canceling immediately, you can set a new reasonable deadline. You retain the right to cancel if we don’t meet the new deadline.

11.8 If canceling due to late delivery, you can cancel all or some Products. If delivered, you must return them, and we’ll refund the sums paid for the canceled Products and their delivery.

12. International delivery

12.1 We deliver to a variety of international destinations however there are restrictions on some Products for certain international delivery destinations, so please review the information on the relevant Product page(s) carefully before ordering Products.

12.2 If you order Products from our site for delivery to one of the international delivery destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

12.3 You will be responsible for payment of any such import duties and taxes unless our quote for delivery explicitly includes these costs. Please contact your local customs office for further information before placing your order.

12.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

13. Price and Delivery Charges

13.1 Product prices are as quoted on our website at the time of order submission. We take care to ensure accuracy but refer to clause 13.4 for price error resolution.

13.2 Prices may change, but changes won’t affect placed orders.

13.3 Product prices do not include delivery charges, which are detailed during check-out, by phone, or in our quote.

13.4 Despite efforts, some products may be mispriced on our website. If so, we’ll notify you, offering the correct price or order cancellation. We won’t process until we have your instructions.

14. How to pay

14.1 We accept payment by wire transfer, credit or debit card, check and cash.

14.2 Full payment, including applicable delivery charges, is due in advance of delivery.

14.3 Failure to make timely payments may incur interest at 2% above the Federal Reserve’s base lending rate, accruing daily from the due date until the actual payment date.

15. Our Ironshield Warranty

15.1 We provide a goodwill warranty – our Ironshield Warranty – that our cast iron radiators shall be free from defects for 25 years from the date of delivery. Our non-electrical products, including steel radiators, radiator valves, wall stays, tools and component parts shall be free from manufacturing defects for 10 years from the date of delivery.

For all radiators, valves and other components in contact with central heating systems, the benefit of our Ironshield Warranty is contingent on the central heating system being installed and maintained  in line with current standards and good practice, for instance those set out by ASHRAE or as described in BS 7593 or another equivalent locally-applicable water quality standard (for instance the German standard VDI 2035).  

15.2 If something does go wrong with your product during the guaranteed period, we’ll do everything we can to repair the product free of charge. If we can’t repair it, or if it’s more cost effective, we will replace the product with a new equivalent product.

15.3 The benefit of this Ironshield Warranty may be transfered with ownership of the Product but only with notification to us by email of the new owner within 6 months of the transfer of ownership.

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Exclusions

15.4 This warranty does not cover installation costs.

15.5 This warranty does not cover any defect in a product arising from:

• 15.5.1 any movement of the product which has not been performed in accordance with the Radiator Handling Guide which is contained within the Help Guide supplied on delivery;
• 15.5.2 fair wear and tear, accident or incorrect installation (including installation of mild steel products onto steam systems);
• 15.5.3 electrolytic corrosion of steel radiators (including Florence steel multicolumn and Vivien and Elara bathroom radiators) resulting from installation onto hydronic systems without the use of inhibitor;
• 15.5.4 wilful damage, abnormal storage or working conditions (including frost damage), accident, negligence by you or by any third party;
• 15.5.5 failure to operate or use the product in accordance with the user instructions;
• 15.5.6 any alteration or repair by you or by a third party who is not one of our authorised repairers;
• 15.5.7 faults arising as a result of installation that is against New York State plumbing code, or;
• 15.5.8 any specification provided by the original customer.

15.6 If you are a consumer, please note that the Ironshield Warranty is supplementary and does not affect your legal rights concerning faulty or inaccurately described products.

16. Our Liability to You

This clause applies exclusively to Customers defined as consumers, as set out in the introduction to these terms. This clause does not apply to businesses.

16.1 If we fall short of meeting these Terms, we’re accountable for the foreseeable loss or damage resulting from our breach or negligence. However, we’re not liable for unforeseeable loss or damage. Loss or damage is foreseeable if it’s an obvious consequence of our breach or was contemplated by both parties when entering this Contract.

16.2 We’re not responsible for losses when we’re not at fault or in breach of these Terms. This includes any damage caused during the installation of our products by a third party. We always recommend using a qualified and competent plumber for installation.

16.3 Since we’re selling to you as a consumer, we’re not liable for business or non-consumer losses (e.g., loss of profit, business interruption). Our products are intended for domestic and private use, not for commercial or resale purposes.

16.4 We do not, in any way, exclude or limit our liability for:

• 16.4.1 death or personal injury caused by our negligence;
• 16.4.2 fraud or fraudulent misrepresentation;
• 16.4.3 breach of your legal rights in relation to the Products, including the right to receive Products that are described accurately, match provided information, are of satisfactory quality, fit for any known purpose, supplied with reasonable skill and care, and correctly installed if done by us.

17. Limitation of Liability

This clause applies exclusively to Customers defined as a business, as set out in the introduction to these terms. This clause does not apply to consumers.

17.1 Nothing in these Conditions shall limit or exclude the Supplier’s liability for:

• 17.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
• 17.1.2 fraud or fraudulent misrepresentation;
• 17.1.3 breach of the terms implied by laws pertaining to title and quiet possession;
• 17.1.4 breach of the terms implied by any other federal or state legal requirements; or
• 17.1.5 defective products under any consumer protection laws.

17.2 Subject to clauses 15.1 and 15.2:

• 17.2.1 the Supplier shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
  • 17.2.1.1 loss of profits;
  • 17.2.1.2 loss of sales or business;
  • 17.2.1.3 loss of agreements or contracts;
  • 17.2.1.4 loss of anticipated savings;
  • 17.2.1.5 loss of data or information;
  • 17.2.1.6 loss of or damage to goodwill;
  • 17.2.1.7 any indirect and consequential loss;
• 17.2.2 the Supplier’s total liability to the Customer in respect of all 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 200% of the price paid or payable to the Supplier for those particular Goods and/or Services which are defective (Damage Value) and for the avoidance of doubt, the Damage Value shall not be deemed to include any other Goods and/or Services provided under the same Contract or otherwise and shall relate only to the Goods and/or Services which caused such damage.

Working Example

The Customer operates a call-centre. The Customer Orders 5 radiators from the Supplier for $1,000.00 each and installs them into its commercial property. The installation is performed correctly. One of the radiators has a manufacturing defect, leaks and causes water-damage to the floor, wall and shorts a phone line, taking 5 call center staff off-line for 2 hours. The water also damages a business laptop which a call-centre worker had left on the floor charging underneath the radiator.

The Customer has to hire a contractor to repair the floor and wall and to fix and replace the phone line. The Supplier is obliged to replace the radiator in question. The Supplier is obliged to pay for those damages which would be reasonably foreseeable as a result of a leaking radiator (namely foreseeable damage to certain areas of the floor and walls, the contractor’s fees to repair floor and wall damage, and the plumber’s costs to install new radiator). The Supplier is not obliged to pay for those damages which were not reasonably foreseeable (including the laptop damage). The Supplier is not liable for the Customer’s loss of profit for the 2 hours its 5 staff were offline (and the Customer would rely on its own insurance for this).

In any event, the Supplier’s total maximum liability for the Customer’s losses in this case would be capped at $2,000.00 (that is, 200% of $1,000.00).

Had the Customer, perhaps rather unusually, installed a brand-new solid mahogany floor into its call-centre premises and invested in and hung some very expensive art adjacent to the faulty-radiator (neither of which being brought to the Supplier’s attention before the Commencement Date), and both were damaged by the above mentioned leak, such loss would not be foreseeable by the Supplier at the Commencement Date (that is, neither would be expected to be present in a commercial property of this nature) and the Supplier would not be liable for such damage.

17.3 The terms implied by any consumer protection laws are, to the fullest extent permitted, excluded from the Contract.

17.4 This clause 17 shall survive termination of the Contract.

18. Events Outside Our Control

18.1 We won’t be held liable for any failure or delay in our Contract obligations caused by an Event Outside Our Control, as defined in Clause 18.2.

18.2 An Event Outside Our Control refers to any act or event beyond our reasonable control, including but not limited to strikes, lock-outs, civil commotion, terrorism, war, fire, explosion, natural disasters, or failure of transportation or telecommunication networks.

18.3 If an Event Outside Our Control affects our performance under a Contract:

18.3.1 We’ll notify you as soon as reasonably possible.

18.3.2 Our Contract obligations will be suspended, and the time for performance extended for the Event’s duration. If it affects product delivery, we’ll arrange a new delivery date with you.

18.4 You can cancel a Contract affected by an Event Outside Our Control lasting more than 60 days. Contact us to cancel, and you’ll receive a refund for any paid but undelivered Products (including delivery charges).

19. Other Important Terms

19.1 We may transfer our rights and obligations under a Contract to another organization, with no impact on your rights or our obligations. If a transfer occurs, we’ll inform you in writing. If unhappy with the transfer, you can contact us to end the Contract within 14 days of notification, and we’ll refund any advance payments for undelivered Products.

19.2 You can transfer your rights or obligations under these Terms only with our written agreement (except for transfers of our Ironshield Warranty — see below for details).

19.3 This Contract is between you and us. No other person has rights to enforce its terms.

19.4 Each paragraph of these Terms operates separately. If any is deemed unlawful or unenforceable, the remaining paragraphs remain in full force.

19.5 Our failure to insist on your performance or to enforce our rights doesn’t waive them. Waivers are only valid if in writing. For instance, if we don’t chase a missed payment immediately, we can still require payment later.

19.6 Nobody else has rights under this Contract (except someone you pass your warranty on to per our Ironshield Warranty terms). Neither party needs the agreement of any other person to end the Contract or make changes.

19.7 Note that these Terms are governed by the laws of New York State.

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