General Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SUPPLY OF DISTRIBUTION SERVICES (DS) OF NORMA PACIFIC P/L

Exclusively for use with business persons acting in the course of business when concluding the contract via the NORMA Group online shop.

1 - Scope of Application

1.1  The present General Terms and Conditions shall apply to all present and future business relations between any entity of the NORMA Group (hereinafter referred to as “NORMA”) and the Purchaser even if they are not explicitly agreed on again. They shall supersede all previous agreements between the parties relating to a purchase order and supplant any Purchaser’s terms and conditions for such order. A list of entities of the NORMA Group as amended from time-to-time can be found at NORMA’s website.

1.2  Counter-confirmations by the Purchaser with reference to its own general terms and conditions are hereby rejected. In particular, and without limitation, a receipt, acceptance, acknowledgement or confirmation by NORMA of any purchase order containing or referencing conflicting, different or additional terms, conditions or provisions shall not constitute a waiver, alteration or modification of the present General Terms and Conditions. These General Terms and Conditions are applicable as of the date of acceptance of the purchase order in full and as the sole and exclusive agreement between NORMA and the Purchaser with regard to the order. They are an integral part of every contract, quotation or offer of NORMA.

1.3  Any deviating, contradictory or supplementary general terms and conditions, even if known, shall not become a component part of the contract, unless their application has been expressly agreed in writing.

2 - Quotation, Documents

2.1 NORMA shall be the exclusive owner of all rights in particular, without limitation, property rights and copyrights in drawings or other documentation relating to the goods; they must neither be exploited nor made available to third parties without prior approval by NORMA.

2.2 The Purchaser shall inform NORMA already at the quotation stage of any unusual kind of stress to which the products to be delivered will be subjected and point out any other risks which could arise in the course of their use.

2.3 If quotations or order confirmations refer to NORMA’s product catalogue or brochure material, only the most recent version thereof shall be relevant.

3 - Conclusion of Contract

3.1  NORMA quotations are subject to change without notice.

3.2  Within the limits of what is reasonable, NORMA reserves the right to (i) technical modifications of the products, (ii) modifications of form, colour,

and/or weight as well as (iii) formal and technical product improvements in order to maintain the state of the art.

3.3  By placing an order for the goods the Purchaser makes a binding offer to purchase the ordered goods.

3.4  NORMA reserves the right to accept the offer based on the quotation within a period of 30 days following receipt of the order. The acceptance can be declared either in writing or by delivering the goods.

3.5  Purchase orders can only be made by the Purchaser up to a maximum net purchase value equal to the difference between the amount of an agreed credit limit and the amount currently owed to NORMA for products purchased or otherwise outstanding to NORMA. NORMA reserves the right apply for the first time or modify a credit limit for the Purchaser at any time by providing four weeks prior written notice, provided that in such case the Purchaser shall be entitled within such four weeks period to terminate the Agreement with immediate effect and that failing such termination the credit limit shall apply with effect of the first day following expiry of the four weeks period.

3.6  NORMA reserves the right to assign or to factor any demands or claims arising from the business relationship with the Purchaser to any third Party.

4 - Prices

4.1  Prices are stated ex-works (unless otherwise specified)

4.2  Prices do not include GST. This will be shown separately on the invoice in the respective legally applicable amount.

4.3  A minimum order value of one hundred dollars ($100) net is applicable. Orders below $100 net will incur a $15 processing fee.

4.4  The price of goods quoted by the company and its acceptance of orders are based on costs prevailing at the time of acceptance. The goods will be invoiced at prices ruling at the time of the dispatch (and in case of instalment delivery of dispatch of each instalment). Any increase in the price between the date of acceptance and the date of dispatch shall fairly represent the increase in cost to the Company of manufacture and distribution of goods.

5 - Payment, Payment Default, Insolvency

5.1  Terms of payment are strictly net thirty (30) days from end of month of invoice.

5.2  Offsetting by the Purchaser shall be excluded, unless made with claims that are recognised by binding judgment or uncontested, or by agreement.

5.3  In the event that the Purchaser is in default with his payments, NORMA shall be entitled to charge penalty interest at a rate of 10.5%. NORMA reserves the right to claim additional damages.

5.4  In case of default NORMA shall be entitled to call due any accounts not yet due in the current business relationship with the Purchaser.

5.5  If it becomes evident subsequent to the conclusion of the contract that NORMA’s payment claims are in jeopardy due to the Purchaser’s inability to pay, NORMA shall be entitled, if NORMA is obligated to make advance deliveries or payments, to withhold its performance and to set the Purchaser a reasonable time period until the expiry of which the Purchaser shall either make contemporaneous payments against NORMA’s delivery or furnish the respective collateral. If the term set expires unsuccessfully, NORMA shall be entitled to withdraw from the contract and claim compensation of damages incurred.

NORMA may also withdraw from the contract if the Purchaser or a third party files for insolvency over the assets of the Purchaser’s. The same shall apply in the event that insolvency proceedings are opened over Purchaser’s assets or such opening is denied due to lack of assets.

5.6  In any case, any late payment, after a formal demand, will apply a penalty amount of 10.5%.

5.7  Whatever the means of payment used, payment shall not be deemed to have been affected before NORMA’s account has been fully and irrevocably credited.

5.8  Credit Card payments incur a processing fee on cash sales or account payments.

6 - Delivery Dates, Delay

6.1  Agreed delivery dates or periods are deemed to be met if the goods to be delivered are ready for shipment before the set delivery date or period expires.

6.2  NORMA shall be entitled to make reasonable partial deliveries.

6.3  Orders will be delivered free into store (FIS) for orders of three hundred and fifty dollars ($350) or greater net invoice value, excluding Engine

Drive Pumps and Tanks from the PUMP section of the NORMA Group Price List.

Orders of less than three hundred and fifty dollars ($350) net invoice are subject to a $24 freight charge (plus GST).

 

Schedule of Delivery Charges: -

(Applicable for all deliveries within Australia)

2” Outlet and ABOVE ENGINE DRIVE PUMPS EX WORKS
PRESSURE TANKS ABOVE 75L EX WORKS

 

6.4  If delay in delivery is caused by any of the circumstances mentioned in Clause 11 or by an act or omission on the part of the Purchaser, including suspension under Clause 5.5, the time for delivery shall be extended by a period which is reasonable having regard to all the circumstances of the case. This provision applies regardless of whether the reason for the delay occurs before or after the agreed time for delivery.

Delivery times may be subjected to delays caused by unforeseen circumstances which are beyond the company’s control, such as strikes, lock-outs, industrial disputes, delays in the receipt of essential materials whether or not these circumstances arise from matters within the company’s control or with one of its suppliers or sub-contractors, and the delay in delivery shall not be sufficient cause for the cancellation by the Purchaser.

6.5  If the Purchaser anticipates to be unable to accept delivery of the goods at the agreed delivery time, Purchaser shall forthwith notify NORMA in writing thereof, stating the reason and, if possible, specifying the time when the Purchaser will be able to accept delivery.

6.6  If the Purchaser fails to accept delivery at the agreed delivery time the Purchaser shall nevertheless pay any part of the purchase price which becomes due on delivery, as if delivery had taken place. NORMA shall arrange for storage of the goods at the risk and the expense of the Purchaser. NORMA shall also, if the Purchaser so requires, insure the goods at the Purchaser’s expense.

6.7  Unless the Purchaser’s failure to accept delivery is due to any such circumstance as mentioned in Clause 11, NORMA may by notice in writing require the Purchaser to accept the delivery within a final reasonable period of grace. If, for any reason for which NORMA cannot be held responsible, the Purchaser fails to accept delivery within such period of grace, NORMA may by notice in writing terminate the contract in whole or in part with immediate effect. NORMA shall then be entitled to compensation of damages suffered by reason of the Purchaser’s default.

6.8  In the event that NORMA is in default of delivery the Purchaser may withdraw from the contract, provided that the Purchaser had set a reasonable period of grace for effecting delivery and that NORMA had not shipped the goods, or any parts thereof, when this period of grace expired. After the period of grace has expired, the Purchaser is entitled to withdraw from the contract for the outstanding part of the delivery. In the case that NORMA made a partial delivery, the Purchaser can only withdraw from the contract as a whole if the Purchaser cannot use the partial delivery due to the default.

6.9  Risk shall transfer to the Purchaser as soon as the consignment has been handed-over to the person transporting it or has left NORMA’s storage area in order to be dispatched, without prejudice to the right of NORMA to rely on the benefit of the retention of title set forth in Clause 7 or to make use of its right of retention set forth in Clause 5.5. In case that dispatch becomes impossible for reasons not caused by NORMA, risk is transferred to the Purchaser upon notification of the readiness to dispatch. Unless otherwise agreed, all operations involving transport, handling, storage, insurance, customs and maintenance shall be carried out by and be paid for by the Purchaser.

6.10  All other claims against NORMA for default shall be excluded except where NORMA has been culpable of wilful intent or gross negligence.

6.11  In the present General Terms and Conditions gross negligence shall mean an act or omission implying either a failure to pay due regard to serious consequences which a conscientious supplier/manufacturer would normally foresee as likely to ensue, or a deli-berate disregard of the consequences of such act or omission.

6.12  NORMA is not responsible for loss or damage of goods in transit except when the goods are carried on NORMA nominated carriers.

7 - Retention of Title

7.1  The delivered goods will remain the property of NORMA, until all present and future payment claims against the Purchaser arising in connection with the delivered goods, have been fulfilled.

7.2  The Purchaser shall be entitled to resell the goods retained in our property (hereinafter referred to as ”Reserved Goods”) in the ordinary course of business. The Purchaser hereby assigns to NORMA all accounts receivables arising from such resale, in particular, without limitation the payment claims against Purchaser’s customers. The Purchaser shall not otherwise in any way part with possession or dispose of the Goods, until payment has been received by NORMA for those goods.

7.3  In the event that Reserved Goods are combined with other goods that are not NORMA’s property NORMA shall have joint title in the combined goods pro rata to the delivery price agreed between the Purchaser and NORMA for the Reserved Goods compared to the value of the other goods so combined with the Reserved Goods, at the time of the combination. For any combined goods the same rules apply as for the Reserved Goods.

7.4  In the event that Reserved Goods are resold together with other goods that are not NORMA’s property, the Purchaser’s claim against its customer in the amount of the delivery price agreed between the Purchaser and NORMA for the Reserved Goods is deemed assigned to NORMA.

7.5  The Purchaser shall be authorised to collect these accounts receivable even after the assignment, without prejudice to NORMA’s right to collect these receivables itself. NORMA undertakes to refrain from doing so, however, as long as the Purchaser duly meets its payment obligations. In the event that the Purchaser makes use of the collection authorisation, the collected proceeds in the amount of the delivery price agreed between the Purchaser and NORMA for the Reserved Goods shall be payable to NORMA.

7.6  NORMA undertakes to release the collateral to which NORMA is entitled in the amount in which its value exceeds the accounts receivable to be collateralised, to the extent that these have not yet been paid, by more than 20%.

7.7  The Purchaser shall notify NORMA without undue delay of any seizure or similar acts by third parties in order to put NORMA in the position to take legal steps against such acts or otherwise protect its interest.

7.8  In the event the Purchaser defaults in payment to NORMA or enters into liquidation, administration, has a receiver, receiver and manager, appointed or becomes insolvent, NORMA shall be entitled to, at its discretion, to the immediate return of the goods and shall have the right to enter, and is hereby expressly authorised to enter, upon the premises of the Purchaser or any other premises at which the goods are stored to repossess any of the goods supplied by NORMA. NORMA will credit the Purchaser’s account to the value to the repossessed goods and is entitled to re-sell the goods at the best price it can obtain. The Purchaser shall have no claim against NORMA for any damages or other monies whatsoever if NORMA repossess or attempts to repossess the goods.

7.9  The Purchaser will be responsible for NORMA’s costs in exercising its rights under clause 7.8. Where NORMA exercises any right to enter the premises, that entry will not give rise to any action of trespass or similar action on the part of the Purchaser against NORMA, its employees, servants or agents.

7.10  The Purchaser agrees and acknowledges that, under this clause it grants to NORMA a security interest under the Personal Property Securities Act 2009 “PPSA” in all goods held at any time by the Purchaser, all proceeds from the sale by the Purchaser of goods and all receivables that arise from the sale of goods by the Purchaser.

Terms in this clause that are defined in the PPSA have the same meaning as in the PPSA. The Purchaser agrees and acknowledges that NORMA may register its security interest in the PPSA Register and waives the right to receive a verification statement or financing charge statement in relation to NORMA’s security interest and its rights under sections 95, 121(4), 130, 135 to the extent that those sections require a notice to be given and sections 96, 125, 132(3)(d), 132(4), 142 and 143 of the PPSA.

7.11  For the avoidance of any doubt, the supplier’s interest constitutes a ‘purchase money security interest’ pursuant to the PPSA.

7.12  The Customer Purchaser agrees to execute any documents and provide all information that is required by NORMA to register, amend or update a security interest on the register. The description on NORMA’s invoice will be a sufficient description of Collateral. The Purchaser agrees to provide NORMA with no less than 7 days written notice of any proposed changes in the Purchaser’s name, address, contact numbers, business practise or such other changes in the Purchaser’s details registered on the register.

8 - Complaints/Liability for Defects

8.1  Claims arising from incorrect charges or supply of goods must be made within ten (10) days of receipt of goods. Credit requests arising from incorrect ordering, over ordering, excess stock etc are subject to a 15% restocking charge at time of credit. Return goods must be accompanied by an authorised number issued by our office, freight pre-paid, and accompanied by documents showing original invoice number & authorisation number. Goods returned without authorisation may not be processed. Goods returned must be unused and resalable condition. Goods received damaged or used will not be subject to credit. A 50% deposit may be requested for goods specifically modified or purpose built to Purchasers requirements. Note – No return of or cancellation will be accepted once the order has commenced. All non-stocked and special order goods including Pipe Couplings purchased to order are nonreturnable.

8.2  The notice shall contain a description of the defect and short supply.

8.3  If the Purchaser fails to notify NORMA in writing of an apparent defect within the time limits set forth in Clause 8.1 the Purchaser shall lose its right to have the defect remedied.

9 - Rights in the Case of Defects/Warranty

9.1  The quality owed to the Purchaser shall be determined by the quality agreed with the Purchaser or the quality and general purpose of use stated by NORMA. If NORMA’s delivery is based on individual drawings, specifications or samples provided by the Purchaser, the same is also responsible for the suitability of the delivered goods for the intended purpose of use. The Purchaser is responsible for validating the performance under the required operating condition of the complete system in which NORMA products are to be used.

9.2  In case of a justified notice of defect, NORMA shall provide subsequent fulfilment by replacement delivery or reworking. If NORMA does not fulfil within a reasonable time period set by the Purchaser or if such subsequent fulfilment fails then the Purchaser shall have the right to demand a price reduction or, in the case of a material breach of contract, to withdraw from the contract. If only parts of the delivery are defective, the right to subsequent fulfilment relates only to the defective part of the delivery, unless the Purchaser is unable to use the partial delivery.

9.3  If the Purchaser has given such notice as mentioned in Clause 8 and no defect is found for which NORMA is liable, NORMA shall be entitled to compensation for the costs incurred as a result of the notice.

9.4  In urgent cases, e.g. when the Purchaser’s operational safety is in jeopardy or excessive damage must be prevented, the Purchaser shall be entitled – after prior consultations with NORMA – to perform remedial work itself or to have the corrective action performed by qualified third parties. Where successful remedial works have been undertaken by the Purchaser or a third party, reimbursement by NORMA of reasonable costs incurred by the Purchaser shall be in full settlement of NORMA’s liabilities for the said defect.

9.5  Where the defect has not been successfully remedied, the Purchaser has set a final time period for completion and NORMA fails to fulfil its obligation, (i) the Purchaser shall be entitled to a reduction of the purchase price in proportion to the reduced value of the goods, provided that under no circumstance shall such reduction exceed 15 % of the purchase price, or (ii) where the defect is so substantial as to significantly deprive the Purchaser of the benefit of the contract, the Purchaser may terminate the contract by notice in writing to NORMA. The Purchaser shall then be entitled to compensation of damages suffered up to a maximum of 15% of the purchase price.

9.6  NORMA shall not be liable for defects arising out of the materials provided, or a design stipulated or specified by the Purchaser.

9.7  NORMA shall be liable only for defects which appear under the conditions of operation provided for in the contract and under proper use of the goods. Such liability of NORMA shall not cover defects which are caused by faulty maintenance, incorrect erection or faulty repair by the Purchaser, or by alterations carried out without the consent of NORMA in writing.

9.8  As stipulated in Clause 9.1-9.7, NORMA shall not be liable for defects including, without limitation, damages the defect may cause like for instance loss of production, loss of profit and other indirect damages. This limitation of NORMA shall not apply if NORMA or its statutory representatives or vicarious agents are guilty of wilful intent or gross negligence as defined in Clause 6.10.

9.10  Full warranty Terms & Conditions for PUMPMASTER Australia products please refer to the website: www.pumpmaster.com.au.

10 - Limitation of Liability, Product Liability

10.1  In the event of wilful intent or gross negligence of NORMA or its statutory representatives or vicarious agents NORMA shall be liable pursuant to the applicable statutory provisions. Unless in the event of wilful intent or gross negligence, NORMA’s liability shall be limited to the direct average damage foreseeable in relation to such type of goods and typical for such contracts.

10.2  NORMA shall not be liable for slightly negligent breaches of non-significant contract duties.

10.3  Unless otherwise stated in these General Terms and Conditions there shall be no liability for either party towards the other party for loss of production, loss of profit, loss of use, loss of contracts or for any other consequential or indirect damages whatsoever.

10.4  The above-mentioned limitations of liability do not concern claims of the Purchaser arising out of compulsory statutory product liability or in the case of personal injury or damage to health, or loss of life when these can be attributed to NORMA.

10.5  Unless otherwise stated herein above, NORMA’s liability shall be excluded.

10.6  Any claims for compensation of damages that can be raised by the Purchaser due to a defect become statue-barred on the expiry of twelve months following the transfer of risk. This does not apply if NORMA can be accused of fraudulent intent.

11 - Force Majeure

Events of force majeure shall be, in particular, without limitation: the occurrence of incidents, as upheld by effective legislation or by case law, but also strikes or other blocking labour unrest, lockouts, interruption of operations, delays in the delivery of essential pre-materials, to the extent that such hindrances have a proven material influence on the production or delivery of NORMA’s products, paralysing bad weather, blocking road accidents or incidents, fires, war, extensive military mobilisation, seizure, requisition, insurrection, embargo, restrictions in the use of power, or generally, the fact, in spite of all due care taken, of nothing being able to make the delivery in accordance with the instalment dates as result of a ban on, or non-receipt, of carriage authorisations by the relevant authorities for the various centres concerned by the issuance. NORMA shall inform the Purchaser without undue delay of the occurrence of a case of force majeure, of which it becomes aware and that, in its opinion, could affect the contract’s implementation and will endeavour to remedy the situation, which has thus arisen, without undue delay. The agreed dates of delivery pursuant to Clause 6.1 will be extended for the duration of force majeure. Should the event of force majeure continue uninterruptedly for longer than six months, the Purchaser has the right to withdraw from the contract.

12 - Disputes and Applicable Law

12.1  Any action or proceedings by one party against the respective other party may be brought in any court(s) having jurisdiction over the location of the entity of NORMA from which this contract is issued as shown by the address of the contracting entity of NORMA

12.2  This contract is to be construed according to the laws of the country (and state/province, if applicable) from which this contract is issued as shown by the address of the contracting entity of the NORMA Group, excluding, however, the provisions of the United Nations Convention on Contracts for the International Sale of Goods and any provision on the conflict of laws that would require application of another choice of law.

13 - Confidentiality, Final Provisions

13.1  All documents, sketches, designs, drawings, calculations and other documents provided or otherwise disclosed to the Purchaser shall remain the property of NORMA. The Purchaser shall ensure that they are treated confidential, i.e. that they are not disclosed to any third parties or used for any purposes other than for the purposes hereof. In particular, without limitation, the Purchaser shall treat confidential all prices and other terms and conditions agreed with NORMA.

13.2  If any individual provisions in this contract with the Purchaser, including these General Terms and Conditions, should be or become ineffective as a whole, or in part then this does not affect the validity of the remaining provisions.

13.3  The provision that is ineffective as a whole, or in part, shall be replaced by a provision the economic effect of which approaches as closely as possible the economic effect intended to be achieved by the original, ineffective provision.

14 - Anti-Corruption and Anti-Money Laundering Contractual Provisions

14.1  The Purchaser represents and warrants to NORMA that:

14.1.1  In carrying out its responsibilities under this Agreement, neither Purchaser, nor any director, officer, employee or shareholder of the company shall, directly or indirectly pay, promise to pay or authorise the payment of any money or give, promise to give, or authorise the giving of anything of value to any official or employee of any government, or of any agency or instrumentality of any government (including any official or employee of the country of use or of any of its agencies or instrumentalities or political subdivisions), or to any political party or official thereof, or to any candidate for political office (including any party, official, or candidate in the country of use), or to any official or employee of any public international organisation, for the purpose of influencing any act or decision of such official or employee or otherwise promoting the business interests of NORMA in any respect. Purchaser further represents and warrants that no payment, authorisation, promise, or gift of the sort described in this Clause has been made prior to the date of the contractual relationship.

14.1.2  Neither the Purchaser nor any of its subsidiaries, directors, officers, employees or agents, shall use Purchaser’s relationship with NORMA to attempt to disguise the sources of illegally-obtained funds. The Purchaser further represents and warrants that no such attempt of the sort described in this paragraph has been made prior to the date of this Agreement.

14.1.3  The Purchaser has received, read, and agrees to comply with the terms of the Company’s Anti-Corruption Policy and Anti-Corruption Compliance Procedures available on the NORMA Group web to view.

14.2  Notwithstanding any other provision of this Agreement, NORMA may immediately suspend this Agreement, and any payments required under this Agreement, in the event it should receive information which it determines in good faith and in its sole discretion to be evidence of a breach by the Purchaser of any undertaking in subsections 14.1.1, 14.1.2, or 14.1.3 above. NORMA shall not be liable to the Purchaser for any claims, losses, costs or damages related to its decision to withhold payments under this provision.

14.3  In the event of receipt of such evidence and/or such suspension, NORMA shall have the right to audit the Purchaser in order to satisfy itself that no breach has occurred, and Purchaser shall fully cooperate with any such audit or related inquiry by NORMA. NORMA shall consult with Purchaser and may thereafter immediately terminate this Agreement by written notice, effective immediately, if NORMA, acting in good faith and in its sole discretion, is reasonably satisfied that such a breach has occurred, or that the Purchaser has failed to cooperate fully with NORMA’s audit or related inquiry.

14.4  In the event of such termination, the agreement pursuant to which the sale is made shall be void ab initio. NORMA shall have no liability to the Purchaser under this Agreement for any unpaid fees, reimbursements or other compensation owed under this Agreement, or for any other loss, cost, claim, or damage resulting, directly or indirectly, to the Purchaser from such termination.

14.5  In the event NORMA is reasonably satisfied that a breach has occurred, NORMA is entitled to recover all fees paid to the Purchaser in connection with any transaction involving such a breach of these representations and warranties. The Purchaser shall indemnify and hold harmless NORMA for all losses, costs, claims or damages arising from or relating to breach of these representations and warranties and/or termination of this Agreement.

14.6  In no event shall NORMA be obligated to take any action under this Agreement if NORMA , acting in good faith and in its sole discretion, believes that to do so would cause NORMA to be in violation of any nation’s or territory’s laws, including but not limited to the U.S. Foreign Corrupt Practices Act.

GUARANTEE

NORMA Pacific Pty Ltd will guarantee all products against faulty materials or manufacture outside specification. We guarantee all products will perform in service, given fitment in accordance with the manufacturer’s recommendations/specifications and application. No liability is accepted for consequential loss arising from faulty goods. Faulty goods are to be returned to NORMA Pacific Pty Ltd within sixty (60) days of the defect occurring. Should the goods be assessed as defective, an exchange will be effected at no charge.

DISCLAIMER

Every effort has been taken to ensure the specifications, product information and pricing contained within is current, however the company reserves the right to change, modify or update any information without notice. The information enclosed shall not be binding upon the company and no liability is accepted for errors or omissions.

This publication supersedes all previous issues. No part of this publication may be reproduced without our prior written consent. In NORMA Group’s policy of continual product improvements to meet user needs and technological developments, all models and sets listed in this folder (photographs, specifications, sizes and weights) may be upgraded or discontinued without notice and without any obligation on our part to modify tools or equipment sold previously. The recommendations for use and safety given in this folder do not replace accepted good practice or the safety related legal and regulatory provisions. References to standards implemented as of October 1, 2021 are not contractually binding. All information and data presented within is correct at the time of printing.

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