Terms + Conditions of Sale

Terms + Conditions of Sale

Acheson & Glover Precast Limited

1. Interpretation

(i) In these conditions:
“Company” means Acheson & Glover Precast Limited;
“Customer” means the legal entity (company, partnership or individual) who places an order for the purchase of Goods from the Company;
“Goods” means any item of whatsoever nature which the Customer buys or has agreed to buy from the Company including, where the context so requires, services provided by the Company;
“Contract” refers to any contract or subcontract for the design, supply, delivery and/or installation of Goods which are sold by the Company subject to these conditions. A quotation does not constitute an offer to supply Goods. Cancellation of the Contract by the Customer will only be accepted at the discretion of the Company;
“Supply & Delivery” means Goods designed and manufactured to the Customer’s specification, and delivered to an agreed destination for offloading by others;
(ii) No variation to these conditions shall be binding unless agreed in writing by a Director of the Company;
(iii) Any typographical, clerical or other error or omission in any sales literature, quotation, invoice or any other document issued by the Company shall be subject to correction without any liability on the part of the Company;
(iv) In certain circumstances these standard terms and conditions may be supplemented by additional written terms and conditions in respect of Goods or work of a specialist nature.

2. Samples, drawings, specifications

(i) Any sample or sales literature provided by the Company or any of its agents or displayed on its website is intended only as an indication of the quality, colour, size and finish of the product, and the Company will not accept liability for any deviation in the Goods supplied arising from factors outside its control;
(ii) The Company shall not be under any obligation to check or verify the accuracy or adequacy of any plans or specifications supplied by the Customer or his agent, and the Customer shall be liable for any loss arising directly or indirectly from any error omission inaccuracy or fault in such plans or specifications. Where Goods are manufactured based on Customer’s designs and specifications, no guarantee is given or implied as to the suitability for the purpose for which they are used;
(iii) The Company accepts no responsibility for design of structural screeds or disproportionate collapse details;
(iv) Holes may be formed in our units, subject to structural design criteria;
(v) Any design, drawings or plans prepared by the Company shall remain the property of the Company and shall not be copied or used (except in connection with the supply of the Goods) without the express consent of the Company.

3. Prices and quotations

(i) A quotation by the Company is an invitation to treat and is open to acceptance for a period of 90 days. Acceptance of a quotation will not constitute a contract until confirmed in writing by the Customer and subsequently confirmed in writing by the Company. Unless otherwise stated, prices quoted are exclusive of VAT and based on costs current at time of quotation. The Company reserves the right to charge all subsequent increases up to the date of delivery without notice;
(ii) A quotation does not include for the taking of site dimensions, setting out or checking/setting of levels of the structure, provision and placement of supports including levels;
(iii) Quotations are based upon production capacity being available and upon mutual agreement of a programme of supply at the time of order. Failure of the Customer to meet the obligations of this programme may cause disruption or delay and the Company reserves the right to charge any additional costs arising therefrom;
(iv) Unless stated otherwise, quoted prices for delivered Goods are based on full economic loads on articulated trailers. The Company reserves the right to make a charge for part-load deliveries, handling fee for Goods returned or waiting time at the place of delivery arising from factors outside the Company’s control. Details of such charges are available on request;
(v) The quotation is based on the information supplied and may include assumptions made because of incomplete information. The Company therefore reserves the right that any modification caused by subsequent investigations proving these assumptions to be incorrect or impractical shall be the basis of amending the quoted price;
(vi) Unless expressly stated, prior to preparation of a quotation, the Company will not visit the site to ascertain conditions. If in the event of issues arising from any subsequent site visit, the Company reserves the right to amend the quotation accordingly;
(vii) All items included in the quotation are to be taken as one package. Should the customer only be interested in part of this package, this will be requoted;
(viii) The quotation is strictly on a fixed price remeasure
basis, and shall be measured in accordance with Section 12, Part 3, of NRM2 (clause E60 of SMM7). Lump Sum contracts will only be entered into once construction issue drawings have been received and quantities have been verified;
(ix) In the case of Supply, Delivery and Erect contracts, the Company Prelet meeting notes should form an appendix to the Customer’s own minutes.

4. Orders and cancellations

(i) All Goods manufactured to order must be ordered by the Customer in writing before design or production can commence and must be paid for in full within normal credit terms irrespective of whether the Customer has taken delivery;
(ii) No order which has been accepted by the Company shall be amended or cancelled by the Customer except with the written agreement of the Company. Failing such written agreement, the Customer shall be responsible for the costs of any amendment and in the case of cancellation shall be responsible for all costs damages expenses and loss of profits incurred by the Company;
(iii) Acceptance of an order is subject to acceptance of the Customer by the Company’s credit insurer, or failing that a satisfactory check of Customer creditworthiness and agreed payment terms;
(iv) At the time of ordering the Customer will be advised of the required lead time. The Company cannot guarantee that late additions to an order can be accommodated in the same timeframe;
(v) Goods sold ex stock are subject to availability at time of sale;
(vi) The Company will not be liable to accept the return of any Goods ordered by the Customer and delivered correctly and in good faith.

5. Lead times

(i) From receipt of the Customer order and full and final design and construction information including the current construction programme covering Precast works, fully dimensioned construction drawings and service locations (which should be made available to the Company in electronic file and hard copy format) along with instructions to proceed, the Company requires not less than 3 weeks to commence issue of the initial approval drawing(s) for the first programmed visit. Remaining drawings will be issued sequentially to suit construction programme requirements;
(ii) To this should be added the time required for the Customer to obtain any necessary approval of the Company’s drawings including a reasonable period for any revisions that are requested;
(iii) From receipt of approval in writing of the Company’s drawings and calculations until proposed date of delivery for each project or project phase, and with due consideration of its workload, the Company shall advise the minimum time it requires for manufacture and curing of Goods, which shall generally be not less than 4 weeks. Failure to comply with the lead times agreed at a precontract
meeting, in particular the provision of all necessary finalised details for design, could result in a contract missing its reserved production slot, and may impact on delivery programme.

Please Note! The lead times stated can fluctuate and are subject to change at short notice. Please contact the Company at the appropriate time to obtain current delivery dates.

6. Delivery

(i) Goods will be delivered by the Company if specifically requested at time of order or may be collected by the Customer;
(ii) Where Goods are to be delivered, the Customer must ensure suitable access to the specified destination for delivery vehicles (and mobile cranes if applicable). The Company will take all reasonable care in the delivery and unloading of Goods, but will not be responsible for damage to roadways, pipes, sewers, manholes or bridges caused by the combined weight of vehicles and their loads;
(iii) Any time or date stated for delivery is given and intended as an estimate only and shall not be of the essence;
(iv) Signature of any delivery notes by any agent, employee, nominee or representative of the Customer or by an independent carrier shall be conclusive proof of delivery or collection. If the Company fails to deliver the Goods, its entire liability shall be limited to the excess (if any) over the price of the Goods, of the cost to the Customer of purchasing similar Goods to replace those not delivered. The Company reserves the right to make deliveries by instalments and tender an invoice in respect of each instalment;
(v) If the Customer fails to take or make arrangement to accept delivery of the Goods or if delivery is delayed by the Customer or the Company is unable to deliver because of inadequate access or instructions or failure of the Customer to obtain necessary consents or licences, delivery shall be deemed and the Company may:
(a) make additional charges for failed delivery;
(b) allocate new delivery dates;
(c) store the Goods at the Customer’s risk and cost;
(d) invoice the Customer for the Goods;
(e) terminate the Contract without liability on the Company’s part;
(f) recover from the Customer all costs and losses incurred by the Company;
(vi) The Customer shall inspect the Goods at the place and time of delivery. If the Company delivers Goods to the Customer, no claim for shortages or loss or damage to Goods in transit or failure of Goods to conform to the Contract apparent on reasonable inspection will be considered unless the Customer notifies the Company in writing within 24 hours of delivery. Photographic evidence should be provided of any alleged damage to units before unloading, and authorisation sought to ensure the units are safe to unload. If the Customer has not given notice, the Goods will be deemed to have been delivered in the quantities shown on the delivery documents and will be deemed to have been accepted by the Customer and the Customer shall not be entitled to waive any rights to reject the Goods;
(vii) As a continuation of our Customer Care policy and quality system, The Company selectively maintains photographic records of products as confirmation of their condition at time of dispatch. The Company reserves the right, in the unlikely event of any dispute, to present these photographs as confirming evidence of condition and quality;
(viii) A maximum of 2 hours is allowed for offloading each trailer after its allocated delivery time. Waiting time beyond this 2 hour period, caused by others, will be charged at £100.00 per hour per trailer, overnight trailers to be charged at £500.00 per night per trailer. Confirmation of delivery dates to be received by this office in writing 10 working days prior to delivery;
(ix) In the case of supply & delivery only, the Customer is fully responsible for all offloading
requirements and equipment including the provision of suitable lifting chains (in the case of floor units) or specialist lifting clutches (in the case of precast components). Refer to the Company Handling Guidance document;
(x) Unless stated, there will be an additional charge for deliveries required on rigid or flat-bed trailers;
(xi) Whilst the Company will confirm actual agreed delivery dates, subject to mutually agreed terms and conditions, regrettably the Company cannot guarantee exact delivery times. Any specific delivery timings subsequently requested or submitted by the Customer are only accepted on a ‘best endeavours’ basis and the Company will not accept responsibility for any variance in delivery timings that may ensue;
(xii) Customer delayed or cancelled deliveries within 5 working days of notice period prior to agreed start date on site may be charged at cost + 25% per load.

7. Installation (if applicable)

(i) Whilst the Company undertake to comply with requirements to the project specification, we do not accept responsibility in ensuring that these specifications comply with building control or any other statutory regulations;
(ii) The Company shall provide the Customer with a detailed site specific Lift Plan, Method Statement and Risk Assessment in advance of installation;
(iii) Unless stated otherwise, the Company assumes unrestricted access to within 3 metres of the structure along all elevations to allow vehicles and equipment to move freely into position on suitably made up roads, for unobstructed hoisting of Precast units directly into position from above;
(iv) Hardstanding for mobile cranes and stacking areas, including ground conditions and underground constructions, is the responsibility of the Customer, having due regard to the information provided by the Company including, but not limited to, units weights and lift plans;
(v) The Company require exclusive access to any tower crane (if applicable). Failure to provide exclusive access may give rise to delay to the installation programme with associated costs recoverable by the Company;
(vi) Where the Customer supplies a crane, they are also responsible for supplying suitable lifting chains;
(vii) When required to operate cranes within the vicinity of aerodromes (6 kms from the perimeter), railways and overhead power lines or the like, specific regulations governing their use, position and operation apply. Any necessary permits must be obtained by the Customer;
(viii) Prior to installation of Goods, the Customer shall be responsible, at no cost to the Company, for the re-routing, removal and subsequent replacement and/or making safe, of any aerial obstructions, including parts of the structure (e.g. purlins, beams and cross bracing) which are likely to foul or hinder a crane boom or suspended load as per CDM regulations. The Customer shall also be responsible for the protection of power lines or other services and, where applicable, the issue of notification to third parties;
(ix) The Customer must ensure that all mortars are adequately cured before the placement of floor or stair units. If lightweight aerated block work, including thin joint block work, is proposed as the bearings for precast concrete units, then the Company reserve the right to make an additional charge to amend their method of installation to suit. Under such circumstances, the Company will not accept any liability for damage caused to either the blocks or the precast units during the installation process. The Company strongly recommend that installation in such circumstances is carried out with cast-in lifting pins, which are available at an extra cost. The Company require the Customer to provide written confirmation by a Structural Engineer that walls constructed using thin joint mortars are fit to receive floor planks;
(x) Finishes should be designed with due consideration of differences in levels, owing to camber, and/or variations in level as a result of changes of span. These levelling finishes are to be provided and laid by the Customer. Predicted camber should not normally exceed span/300 ± 50% for spans up to 7.0 metres. For spans in excess of 7.0 metres consult the Company design office;
(xi) The Customer is to supply any temporary and/or permanent shuttering and place any in-situ concrete infill as indicated on the Company’s drawings;
(xii) The Company’s system of manufacture precludes the casting of battens or other items into the soffits of units. Tab hangers or site drilled fixings can be used as an alternative;
(xiii) Restraint straps, if required, are to be supplied and installed by the Customer;
(xiv) The design and provision of all adequate structural bearings is the responsibility of the Customer. Where units are on a shared and reduced bearing situation, e.g. a 140mm wall, it is the Customers responsibility to provide a temporary end bearing propping system which facilitates the effective placement of an Air mat passive fall system (where supplied by the Company), otherwise “crash decking” or similar must be provided by the Customer;
(xv) The Company accepts no responsibility for accidental damage to paint finishes or steelwork as a result of manoeuvring units in windy conditions or where adequate clearance has not been provided;
(xvi) Unless specifically stated otherwise the quotation allows for staircases to be fixed in the same visit as the floor slabs which they access. If this cannot be achieved, any costs for additional visits/days required will be charged to the Customer;
(xvii) Floors should normally be fully grouted before being subjected to load, unless the structural design requirements allow them to be left ungrouted. In conjunction with the Structural Engineer, the Company will confirm the requirement. Where grouting is required, the Customer should ensure that this is carried out prior to loading;
(xviii) If temporary propping is required, this shall be provided by the Customer.

8. Health & safety

(i) In addition to passive fall protection for workers at heights we require the following to be provided free of charge by the Customer:
(a) External scaffolding and handrails;
(b) A designated external access platform for each major floor zone at all levels;
(c) Perimeter edge protection, including internal perimeters and voids – i.e. stairwells, lift shafts, etc;
(d) Intermediate platforms to stairs and landing areas;
Failure to comply with the above as agreed in detail at precontract meetings will result in installation being suspended and any abortive costs being forwarded directly to the Customer;
(ii) Where the Customer supplies crash decking as an alternative form of passive fall protection, it must be no more than 900mm below the surface of the floor planks, with no projecting steels;
(iii) The Customer to ensure that all steelwork, lintels, door and window heads are permanently fixed into position;
(iv) The Customer to provide all propping for 140mm narrow bearing detail, loose steels situations and heads etc;
(v) The Customer to ensure external skin of brick/blockwork to be within 225mm of bearing level;
(vi) In accordance with ‘Construction (Design Management) Regulations’ (CDM), the Company will require a copy of the Health & Safety Plan for this project, particularly where if affects Company Goods and/or operations, together with the confirmation and details of the Customer’s ‘named’ Project Planning Supervisor for our records (this individual is deemed to have already ensured the projects construction programme meets all Health & Safety provisions and installation practicalities as they relate to the erection and performance of the precast elements for both the temporary and permanent works).

9. Adverse weather conditions

(i) The Company reserves the right to postpone the delivery and installation of floors and/or precast elements if:
(a) Met Office forecasts mean wind speeds, including gusts, in the vicinity of the site to reach 20 m.p.h. (or lower if the limit of the specified crane is reached in accordance with the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER 98)) which may affect the safe installation of elements;
(b) Met Office forecasts very heavy rainfall such that flooding or standing water may affect the transportation and safe installation of elements;
(c) Met Office forecasts snow or freezing conditions which are likely to disrupt transport, or which are likely to create a health & safety hazard on site;
The above postponements can be made by the Company up to 2:00pm of the working day previous to the day in which the items are to be installed, without liability for costs or delay disruption;
(ii) The Customer is responsible for all protection of all units from the elements when installed or stacked on site. Hollowcore, if left unprotected, may incur water penetration into the cores causing the units to spall should freezing occur.

10. Drainage points/weep holes

Where the Company provides weep holes in hollowcore slabs, it is the Customer’s responsibility to ensure these are maintained and kept clear to release any entrapped water, and making good if required.

11. Terms of payment

(i) Unless agreed otherwise in writing, payment is due in full within 30 days of date of invoice or payment application. Retention shall not be withheld;
(ii) The Company reserves the right to charge interest at the rate of 2% per month on overdue accounts;
(iii) In the case of Goods manufactured to order or certain Contracts, the Company may insist on a deposit prior to commencement of work, the amount to be agreed in writing in advance;
(iv) If the Customer fails to pay any invoice or any sum due to the Company under the Contract on the due date or the Customer’s credit limit is withdrawn or exceeded, the Customer becomes insolvent or commits a material breach of the Contract, all sums outstanding between the Customer and the Company become immediately due and payable. The Company shall, without prejudice and having given at least 7 days’ notice, be entitled to:
(a) require payments of cleared funds in advance of further deliveries;
(b) suspend or cancel any further deliveries of Goods without liability on the Company’s part;
(c) terminate this or any other Contract with the Customer without liability on the Company’s part and may in certain cases pursue legal action for recovery of all amounts outstanding;
(v) The Customer shall not be entitled to withhold payment of any amount payable under the Contract or any other amount due to the Company by reason of any right to set off or counterclaim which the Customer may have or allege to have for any reason whatsoever.

12. Liquidated and ascertained damages

(i) Any claims by the Customer in respect of Liquidated and Ascertained Damages shall not exceed 5% of the value of the order placed with the Company.

13. Risk and property

(i) Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or collection;
(ii) Notwithstanding passing of risk in the Goods, the title in the Goods shall not pass to the Customer until the Company has been paid in full for the Goods;
(iii) Until title passes the Company agrees that the Customer may use or agree to sell the Goods as principal in the normal course of the Customer’s business subject to the entire proceeds of any sale received in respect of the Goods being held in trust for the Company. The Customer’s right to use or sell the Goods may be withdrawn by the Company at any time and will automatically cease on the Customer becoming insolvent;
(iv) The Company shall be entitled to recover the price of the Goods including VAT notwithstanding that the title in the Goods has not passed to the Customer;
(v) Until such times as title in the Goods passes from the Company, the Customer shall upon request deliver up to the Company such of the Goods as have not ceased to be in existence or resold. If the Customer fails to do so, the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods;
(vi) The Customer shall not pledge or charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company, if the Customer does so, all sums whatever owing by the Customer to the Company shall forthwith become due and payable.

14. Warranties and liability

(i) Subject to the conditions set out below, the Company warrants that the Goods will correspond with any specification provided of the Goods and will be free from defects in material or workmanship;
(ii) In the unlikely event of damaged or faulty Goods and where the required notification has been given, the Company shall be allowed a rectification period of no less than 5 working days, without penalty;
(iii) The Company shall be under no liability under the above warranty:
(a) in respect of any defects arising from any drawing, design or specification supplied by the Customer;
(b) if the defect would have been apparent on reasonable inspection;
(c) unless a defect is discovered within 90 days of the date of delivery and the Company is given notice of the defect within 5 days of its discovery;
(d) if the Customer fails to adhere to the terms of payment;
(e) unless the Company is given opportunity to inspect the Goods before they are repaired or in any other way interfered with, except this delay may cause a compromise of health and safety;
(f) if the Goods are damaged as a result of being used for a purpose other than that for which they were intended for;
(g) if the defect results from fair wear and tear or negligence, misuse, alteration or repair of the Goods.
Subject to the above, the Company may repair or replace defective Goods or refund the price of the Goods at the pro rata Contract rate;
(iv) War, fire, tempest, strikes, accidents, breakdowns, or any other circumstances beyond its control shall relieve the Company of all liability for loss, damage, injury or delay arising in connection therewith;
(v) Liability for defective Goods or services shall be limited to the replacement value of those Goods or services. No liability will be accepted for any consequential loss.

15. Recommendations

To ensure optimum performance of its products, the Company provides advice and recommendations on construction or installation. Refer to the Company website or its specialist literature.

16. Finishes

(i) Unless otherwise stated, concrete surface finish to the soffit of Hollowcore floor units, Precast landings (including soffit and sides only) and Precast stairs (including soffit, risers and side strings) are “Ordinary Finish” as described in BS EN 13670 Annex F (Type A as defined in BS8110). The unformed surface shall be “Basic Finish” (which is left to receive a screed or finishes by others) to either the precast units’ soffit or treads. Any specific requirements may require a revision to the quoted price. Any filling of air holes, making good of arris or joints between units and any filling of lifting points is excluded from the price;
(ii) If floor or stairs soffits are to have a painted decorative finish, a 3coat
application will be required and is to be carried out by others;
(iii) Unless specifically stated, the quotation does not include for forming balustrade pockets. Should these be required they should be site drilled by others;
(iv) Please note that, in the case of external Precast Staircases, it is the Customer’s responsibility to ensure that the final ‘walking’ surface meets all relevant Building Regulations as plain untreated Precast concrete stair treads and landing surfaces may not be suitable in locations where they are exposed to the climatic elements, raising the potential for slips and falls due to wetting, freezing etc. In such cases, the application of a nonslip
finish / material (by others) to the final surface of Precast Staircase, after erection, should be considered by the Customer or their agents;
(v) Concreting, grouting or mortar infill at lifting sockets, tolerance joints (including floor unit installation tolerances) and where other insitu
concrete make up areas or bedding of units are deemed necessary, shall be carried out by the Customer;
(vi) Precast units are designed and manufactured with a fire resistance of 1 hour as defined within BS EN 1992-1-2.

17. Working hours

Unless stated, prices quoted are based on goods being delivered and installed during normal working hours, i.e. Monday to Friday 08:00hrs to 16:30hrs, excluding statutory holidays and production facility shutdowns. Any costs associated with requested deliveries or installation outside of these hours will be charged to the Customer.

18. Cancellations

(i) It should be noted that Company Contracts Managers may visit site prior to commencement date to assess the suitability of the onsite
conditions or structure. Should it be found that the works are incomplete or inaccessible, the Company reserves the right to postpone any visit until written confirmation that the works are completed or obstructions removed has been received before programming an alternative visit. Any costs associated with this postponement will be the responsibility of the Customer. The Company’s Standard Form SSN 02/ will be issued as applicable;
(ii) Additional costs may be avoided if written confirmation of a cancellation, accompanied by a revised start date, is received from the Customer at least 7 working days prior to the Company start date on site.

19. Delays

(i) The Company will agree the construction programme with the Customer at the time of order, including a site commencement date and subsequent deliveries;
(ii) The Company will not be held responsible for delays outside of its control, including but not limited to:
(a) failure by Customer to provide full and final design and construction information in a timely manner;
(b) adverse weather conditions as defined herein;
(c) inability of Customer to accept deliveries due to lack of site progress;
(d) failure of Customer to provide safe access and fall protection;
(e) inadequately cured mortar in supporting masonry;
(f) insecure or unstable steel bearings;
(g) “force majeure”;
(iii) The Company shall be entitled to a Loss and Expense claim in respect of delays outside of its control. The Customer should be aware that any delay which gives rise to a return to site will be chargeable only in full days.
(iv) The Customer must notify the Company in writing at least 5 working days beforehand if the Customer is not ready to accept the Goods;
(v) Where the Customer has failed to provide timely design approvals for the Goods, or where delivery has been postponed at the request of the Customer, the agreed contract programme will be null and void. The Company will use best endeavours to adhere to any revised programme of deliveries, but due to other contractual commitments and finite resources, the Company will not accept responsibility for consequent delays;
(vi) Where the Customer has postponed collection or delivery of all or part of the contract by more than 2 weeks beyond the contracted date, and the Company provides evidence of existence of the Goods, the Company shall be entitled to invoice the Goods in full under a vesting arrangement and receive payment in the terms agreed. The Company may additionally charge for storage of Goods until date of collection or delivery.

20. Retentions

(i) The Company will not accept deduction of retention from any payments;
(ii) The Company may provide either a Retention Bond or Letter of Indemnity, as follows:
(a) Where the Company is installing the Goods, and;
(b) for contract sums in excess of £100,000, a Retention Bond is available for 12 months from the date of practical completion of our works or by a date agreed in writing between the parties;
(c) for all other contract sums, the Company will provide a Letter of Indemnity in lieu of retention
(iii) A Retention Bond shall not warrant in excess of 3% of the subcontract value;
(iv) The terms of a Retention Bond shall be as provided by the Bond issuer and shall not be altered.

21. Disputes

(i) In the event of a dispute between the parties to the contract, and in the absence of suitable relevant provision elsewhere in the contract, the dispute shall be referred to an Adjudicator;
(ii) The Adjudicator is to be appointed by the Royal Institute of Chartered Surveyors.

22. General

(i) If any provision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby;
(ii) The Company will be entitled to assign subcontract or sub-let the Contract or any part thereof. The Customer shall not assign or transfer the Contract or any part thereof without the Consent of the Company;
(iii) These conditions and the contract between the Company and the Customer shall be governed by the laws of the country of delivery.

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