Terms and Conditions

The Terms and Conditions set out below will apply to all Goods supplied or Services performed by Technician Training Australia Pty Ltd ABN 56 615 990 086

 trading as Technology Training Australia.

  1. Definitions

1.1 Customer means the Customer (or any person acting on behalf of and with the authority of the Customer) of Technician Training Australia Pty Ltd ABN 56 615 990 086 ; 
1.2 Goods mean all goods supplied by Technician Training Australia Pty Ltd ABN 56 615 990 086  to the Customer and as described on any invoice, quotation, or any other form as provided by Technician Training Australia Pty Ltd ABN 56 615 990 086  to the Customer and includes any parts used in the performance of any Services;
1.3 parties means the Customer and Technician Training Australia Pty Ltd ABN 56 615 990 086  and party means any of them;
1.4 Price means the Price payable for the Goods or Services as agreed between Technician Training Australia Pty Ltd ABN 56 615 990 086  and the Customer in accordance with these Terms & Conditions and includes the Service Fee; 
1.5 Services mean all service performed by Technician Training Australia Pty Ltd ABN 56 615 990 086  for the Customer and as described on any invoice, quotation or any other form as provided by Technician Training Australia Pty Ltd ABN 56 615 990 086  to the Customer; and
1.6 Service Fee means a fee charged by Technician Training Australia Pty Ltd ABN 56 615 990 086  for performing (or attempting to perform) the Services.

  1. Acceptance

2.1 By placing an order for Goods or Services from Technician Training Australia Pty Ltd ABN 56 615 990 086  the Customer agrees to these Terms & Conditions. 
2.2 Any instructions received by Technician Training Australia Pty Ltd ABN 56 615 990 086  from the Customer for the supply of Goods or Services and/or the Customer’s acceptance of Goods or Services supplied by Technician Training Australia Pty Ltd ABN 56 615 990 086  will constitute acceptance of these Terms & Conditions.
2.3 Where more than one (1) Customer has entered into these Terms & Conditions, the Customers will be jointly and severally liable for all payments of the Price and any other monies payable by the Customer pursuant to these Terms & Conditions.
2.4 Upon acceptance of these Terms & Conditions by the Customer, the Terms & Conditions are binding and can only be amended with the written consent of Technician Training Australia Pty Ltd ABN 56 615 990 086  or as set out in these Terms & Conditions.
2.5 Goods or Services are supplied by Technician Training Australia Pty Ltd ABN 56 615 990 086  only on these Terms & Conditions to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these Terms & Conditions.
2.6 The Customer must ensure that Technician Training Australia Pty Ltd ABN 56 615 990 086  is provided with the Customer’s correct contact details.

  1. Quotations and Orders

3.1 Any quotation provided by Technician Training Australia Pty Ltd ABN 56 615 990 086  is not an offer or obligation to sell but an invitation to treat only. 
3.2 The Customer acknowledges that the Price on any quotation is only for the Goods or Services as listed on the quotation and shall not cover the supply of any other Goods or performance of any other Services for the Customer.
3.3 A quotation is open for acceptance within the period stated in the quotation or within thirty (30) days of the date of the quotation if no period is stated.
3.4 Technician Training Australia Pty Ltd ABN 56 615 990 086  reserves the right to accept or reject any order it receives. Until Technician Training Australia Pty Ltd ABN 56 615 990 086  accepts any order submitted, Technician Training Australia Pty Ltd ABN 56 615 990 086  is not obliged to provide any Goods or perform any Services. 
3.5 If an order is accepted by Technician Training Australia Pty Ltd ABN 56 615 990 086  for Services, and the Customer cancels the order after the date that the order was accepted by Technician Training Australia Pty Ltd ABN 56 615 990 086 , the Customer will forfeit any deposit paid for that order and/or Technician Training Australia Pty Ltd ABN 56 615 990 086  may charge a Service Fee.
3.6 If the Customer defaults under these Terms & Conditions, Technician Training Australia Pty Ltd ABN 56 615 990 086  may cancel, suspend or vary the terms and conditions of any incomplete order that has been accepted by Technician Training Australia Pty Ltd ABN 56 615 990 086  without notice to the Customer and without being liable to the Customer.
3.7 Technician Training Australia Pty Ltd ABN 56 615 990 086  is not responsible to the Customer for a breach of its obligation to supply the Goods or Services pursuant to an order Technician Training Australia Pty Ltd ABN 56 615 990 086  has accepted, or for any delay in delivery, if the failure or delay is caused by matters beyond the reasonable control of Technician Training Australia Pty Ltd ABN 56 615 990 086 .

  1. Price and Payment

4.1 At Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s sole discretion the Price will be either:
4.1.1 as indicated on invoices provided by Technician Training Australia Pty Ltd ABN 56 615 990 086  to the Customer in respect of Goods supplied or Services performed; or
4.1.2 Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s price at the date of delivery of the Goods or Services according to Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s current price list; or
4.1.3 Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s quoted Price on its quotation which shall be binding upon Technician Training Australia Pty Ltd ABN 56 615 990 086  provided that the Customer accepts the quotation within the time period stated in the quotation or within thirty (30) days of the date of the quotation, if no period is stated.
4.2 Technician Training Australia Pty Ltd ABN 56 615 990 086  may request payment by the Customer of a non-refundable deposit prior to the supply or delivery of the Goods and Services.
4.3 Technician Training Australia Pty Ltd ABN 56 615 990 086  may, in its sole discretion, require payment of the Price by the Customer either prior to or on delivery of the Goods and Services.
4.4 Time for payment for the Goods or Services will be of the essence and will be on delivery of the Goods or Services or as otherwise stated on the invoice for the supply of the Goods or Services by Technician Training Australia Pty Ltd ABN 56 615 990 086  to the Customer. 
4.5 Payment of the Price must be made by cash, credit card, direct credit, or by any other method agreed to by Technician Training Australia Pty Ltd ABN 56 615 990 086 . 
4.7 Unless otherwise stated, GST and other taxes and duties that may be applicable will be included in the Price.
4.6 For the purposes of these Terms and Conditions, delivery in relation to Goods means, when the Customer takes possession of the Goods either by collecting the Goods from Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s premises or by delivery of the Goods to the Customer’s nominated address.
4.7 In the event that the Customer is unable to take delivery of the Goods as arranged, Technician Training Australia Pty Ltd ABN 56 615 990 086  will be entitled to charge a reasonable fee for redelivery.
4.8 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms & Conditions.
4.9 Technician Training Australia Pty Ltd ABN 56 615 990 086  may, in its sole discretion, deliver the Goods by separate installments. 
4.10 The failure of Technician Training Australia Pty Ltd ABN 56 615 990 086  to deliver the Goods or any of the Goods will not entitle either party to treat these Terms & Conditions as repudiated.
4.11 Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable for any loss or damage due to failure by Technician Training Australia Pty Ltd ABN 56 615 990 086  to deliver any of the Goods promptly or at all as a result of circumstances beyond the control of Technician Training Australia Pty Ltd ABN 56 615 990 086 .

  1. Goods

5.1 For the purposes of these Terms and Conditions, delivery in relation to Goods means, when the Customer takes possession of the Goods either by collecting the Goods from Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s premises or by delivery of the Goods to the Customer’s nominated address.
5.2 In the event that the Customer is unable to take delivery of the Goods as arranged, Technician Training Australia Pty Ltd ABN 56 615 990 086  will be entitled to charge a reasonable fee for redelivery.
5.3 Notwithstanding clause 5.2, all risk in the Goods passes to the Customer on delivery of the Goods.
5.3 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of these Terms & Conditions.
5.4 Technician Training Australia Pty Ltd ABN 56 615 990 086  may, in its sole discretion, deliver the Goods by separate installments.
5.5 The failure of Technician Training Australia Pty Ltd ABN 56 615 990 086  to deliver the Goods or any of the Goods will not entitle either party to treat these Terms & Conditions as repudiated.
5.6 Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable for any loss or damage due to failure by Technician Training Australia Pty Ltd ABN 56 615 990 086  to deliver any of the Goods promptly or at all as a result of circumstances beyond the control of Technician Training Australia Pty Ltd ABN 56 615 990 086 .

  1. Title & Risk

6.1 Ownership of the Goods will not pass to the Customer until the Customer has paid Technician Training Australia Pty Ltd ABN 56 615 990 086  all amounts owing for the Goods.
6.2 Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s title or rights in the Goods or Services will continue until any form of payment by a Customer has been received, honoured, cleared or acknowledged by Technician Training Australia Pty Ltd ABN 56 615 990 086 .
6.3 Notwithstanding clause 5.2, all risk in the Goods passes to the Customer on delivery of the Goods.

  1. Services

7.1 For the purposes of these Terms and Conditions, delivery in relation to Services means when performance of the Services is completed. 
7.2 Where the Services to be performed by Technician Training Australia Pty Ltd ABN 56 615 990 086  include the repair of a mobile device and such repair cannot be completed due to matters outside the control of Technician Training Australia Pty Ltd ABN 56 615 990 086 , Technician Training Australia Pty Ltd ABN 56 615 990 086  will still be entitled to charge the Service Fee.
7.3 Where reasonable, should additional Services be required to repair a device, Cashone will obtain the authority of the Customer and advise the updated Price prior to undertaking such additional services.
7.4 The Services may be performed at any Technician Training Australia Pty Ltd ABN 56 615 990 086  premises at Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s sole discretion. 
7.5 Technician Training Australia Pty Ltd ABN 56 615 990 086  will endeavor to perform the services in a timely manner (usually within five (5) business days).
7.6 Notwithstanding clause 6.5, Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable for any loss or damage of the Customer due to failure by Technician Training Australia Pty Ltd ABN 56 615 990 086  to perform the Services promptly or at all as a result of circumstances beyond the control of Technician Training Australia Pty Ltd ABN 56 615 990 086  (including but not limited to acquisition of required Goods).
7.7 Upon completion of the Service, Technician Training Australia Pty Ltd ABN 56 615 990 086  may test the device as may be appropriate, including but not limited to by making a call of up to but not more than one (1) minute. The Customer consents to such testing.
7.8 Following notification by Technician Training Australia Pty Ltd ABN 56 615 990 086  that the Services have been completed (or notification that the Services cannot be performed), the Customer has a period of fourteen (14) days to collect the device.
7.9 In the event that the device is not collected by the Customer within thirty (30) days of notification (or Caspphone’s reasonable attempts to contact the Customer), the Customer forfeits the device to Technician Training Australia Pty Ltd ABN 56 615 990 086  and Technician Training Australia Pty Ltd ABN 56 615 990 086  may deal with the device in its sole discretion.

  1. Devices

8.1 The Customer acknowledges and understands that where a device is waterproof, Technician Training Australia Pty Ltd ABN 56 615 990 086  cannot guarantee that such device will be waterproof following provision of the Services. The Customer accepts this risk upon placing an order with Technician Training Australia Pty Ltd ABN 56 615 990 086  for the Services.
8.2 Technician Training Australia Pty Ltd ABN 56 615 990 086  does not replace or repair motherboards or logic boards in devices and is not responsible or otherwise liable for their parts or condition.
8.3 The Customer acknowledges and agrees that any finger print sensor in the device will not work following the replacement of any parts associated with such feature (i.e. the home button).
8.4 The Customer further acknowledges that any finger print sensor in the device may not function following provision of the Services. The Customer accepts this risk upon placing an order with Technician Training Australia Pty Ltd ABN 56 615 990 086  for the Services.
8.5 Where the Services include the repair of a device which has water damage, Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s warranty is specifically excluded to the extent permitted by law.

  1. Software and Data

9.1 The Customer is responsible for backing up any software, applications and data of any device prior to Technician Training Australia Pty Ltd ABN 56 615 990 086  performing the Services. 
9.2 Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable for any loss, damage or defect of software, programs or data during the performance of the Services. 

  1. Competition and Consumer Act 2010 (Cth) (CCA)

10.1 Subject to Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s statutory obligations under the CCA the following provisions apply. 
10.2 Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s liability for a breach of a condition or warranty implied by Part 3–2 Div 1 of the CCA is limited to:
10.2.1 In the case of Goods, any one (1) or more of the following: the replacement of the Goods or the supply of equivalent Goods; the repair of the Goods; the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or, the payment of the cost of having the Goods repaired.
In the case of Services, the supply of the services again; or, the payment of
10.2.1 the cost of having the services supplied again.
10.3 Subject to Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s statutory obligations under the CCA and except as provided in these Terms & Conditions, all express and implied warranties, guarantees and conditions under statute or general law as to merchantability, description, quality, suitability or fitness of Goods for any purpose or as to design, assembly, installation, materials or workmanship or otherwise are expressly excluded. 
10.4 Technician Training Australia Pty Ltd ABN 56 615 990 086  is not liable to the Customer for any physical or financial injury, loss or damage or for consequential loss or damage of any kind arising out of the supply, layout, assembly, installation or operation of any Good or arising out of negligence or in any way whatsoever.
10.5 Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s liability under section 274 of the CCA is expressly limited to a liability to pay the Customer an amount equal to: the cost of replacing the Goods; the cost of obtaining equivalent Goods; the cost of having the Goods repaired; or the cost of proving the Services again whichever is the lowest amount.

  1. Warranties

11.1 To the extent permitted by law, Technician Training Australia Pty Ltd ABN 56 615 990 086  does not warrant the following: 
11.1.1 any of the Goods that are not manufactured by Technician Training Australia Pty Ltd ABN 56 615 990 086 , and in such case the Customer will only have the benefit of the warranty (if any) of the manufacturer of those Goods which forms part of the contract between Technician Training Australia Pty Ltd ABN 56 615 990 086  and the manufacturer; or
11.1.2 normal fear wear and tear in the Goods;
11.1.3 defects, loss or damage caused directly or indirectly by or as a result of:
11.1.3.1 any defect, deterioration, weakening or collapse of the structure to which the Goods are installed occurring at any time;
11.1.3.2 any damage to or deterioration in the condition of the Goods or occurring in transit or occurring after delivery of the Goods;
11.1.3.3 any additional defect damage or deterioration arising from or attributable to the installation of the Goods after it is known to be defective;
11.1.4 the Goods where the defect, loss or damage is caused directly or indirectly by or as a result of the use of the Goods, by the Customer not strictly in accordance with recommended guidelines for that specific Good; 
11.1.5 defects or deterioration which, in the opinion of Technician Training Australia Pty Ltd ABN 56 615 990 086 , have been caused by careless or improper handling, negligence, misuse, care or maintenance instructions, alterations or repairs carried out by anyone other than Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s authorised representatives, or by fair wear and tear.
11.2 The Customer acknowledges and agrees that they have had the opportunity to review the variety of Goods offered by Technician Training Australia Pty Ltd ABN 56 615 990 086  together with their specifications and quality and that unless specifically stated otherwise, that the Good is fit for use. Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable to the Customer in any way for any costs, damage or loss of any kind whatsoever (including, without limitation, liability for direct, indirect, special or consequential loss or damage) incurred or sustained by the Customer or any third party arising from or in connection with the Goods and any damage caused.
11.3 Where Regulation 90 of the Australian Consumer Law applies in respect of any warranty for defects, the Customer can, at its cost, contact Technician Training Australia Pty Ltd ABN 56 615 990 086  at 148 Ipswich Road, Woollongabba in the State of Queensland or on email at admin@technologytrainingaustralia.com.au and provide Technician Training Australia Pty Ltd ABN 56 615 990 086  with details of the Goods, a description of the defect, the Customer’s details and proof of purchase. Technician Training Australia Pty Ltd ABN 56 615 990 086  will then process and advise the Customer on its claim in a timely manner. Technician Training Australia Pty Ltd ABN 56 615 990 086  will make, at its own discretion, an election to either replace or repair the Goods.
11.4 Technician Training Australia Pty Ltd ABN 56 615 990 086  does not have to repair or replace a Good under a warranty of Technician Training Australia Pty Ltd ABN 56 615 990 086  if the Good has been modified, disassembled, misused, improperly or inappropriately installed, operated or repaired, abused, damaged or not maintained in accordance with Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s and/or manufacturer’s instructions.
11.5 Where applicable: Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s Goods come with guarantees that cannot be excluded under the Australia Consumer Law. You are entitled to a replacement or refund for major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does amount to a major failure. The benefits under the warranty are in addition to other rights you may have at law.
11.6 For the purpose of making any claim under this clause, the Customer must:
11.6.1 immediately upon becoming aware of circumstances giving rise to a claim, notify Technician Training Australia Pty Ltd ABN 56 615 990 086  in writing setting out full details of the claim; 
11.6.2 provide Technician Training Australia Pty Ltd ABN 56 615 990 086  with proof of purchase of the Goods in relation to its claim; and
11.6.3 allow Technician Training Australia Pty Ltd ABN 56 615 990 086 , its employees and/or agents full and free access to the Goods in relation to which the claim is made for the purpose of conducting any inspection and tests that Technician Training Australia Pty Ltd ABN 56 615 990 086  may in its absolute discretion consider necessary to determine whether the claim is justified or not.
11.7 Where a Good or any part of a Good is not manufactured by Technician Training Australia Pty Ltd ABN 56 615 990 086 , Technician Training Australia Pty Ltd ABN 56 615 990 086  will use all reasonable endeavours to assign to the Customer the benefit of any warranty in respect of that part of the Good.
11.8 Any warranty of Technician Training Australia Pty Ltd ABN 56 615 990 086  cannot be assigned or transferred to any third party.
11.9 This clause must be read in conjunction with any warranty statement provided by Technician Training Australia Pty Ltd ABN 56 615 990 086  in respect of the Goods and Services
11.10 Technician Training Australia Pty Ltd ABN 56 615 990 086  shall not be liable for any phone manufacture warranties that are voided following provision of the Services.

  1. Returns

12.1 A return of Goods will only be accepted provided that:
12.1.1 the Customer has complied with the Terms & Conditions; and
12.1.2 Technician Training Australia Pty Ltd ABN 56 615 990 086  has agreed in writing to accept the return of the Goods; and
12.1.3 the Goods sare returned at the Customer’s cost within seven (7) days of delivery; and
12.1.4 the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances.
12.2 Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable for Goods which have not been stored, used or handled in a proper manner.
12.3 Technician Training Australia Pty Ltd ABN 56 615 990 086  will not accept the return of Goods for credit.

  1. Default

13.1 Interest on overdue invoices will accrue daily from the date when payment becomes due, until the date of payment, at a rate of fifteen (15%) per annum (and at Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s sole discretion such interest will compound monthly) after as well as before any judgment.
13.2 In the event that the Customer’s payment is dishonoured for any reason, the Customer will be liable for any dishonour fees incurred by Technician Training Australia Pty Ltd ABN 56 615 990 086 .
13.3 If the Customer defaults in payment of any invoice when due, the Customer will indemnify Technician Training Australia Pty Ltd ABN 56 615 990 086  from and against all costs and disbursements incurred by Technician Training Australia Pty Ltd ABN 56 615 990 086  in pursuing the debt including legal costs on a solicitor and own client basis and Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s collection agency costs (if permissible by law). If any account remains overdue after seven (7) days then an amount of the greater of fifty dollars ($50.00) or ten percent (10%) of the amount overdue (up to a maximum amount of $250.00) shall be levied for administration fees which sum shall become immediately due and payable by the Customer.

  1. Cancellation

14.1 Technician Training Australia Pty Ltd ABN 56 615 990 086  may cancel any order to which these Terms & Conditions apply or cancel delivery of Goods or the performance of Services at any time before the Goods are delivered or the Services performed by giving notice to the Customer. Technician Training Australia Pty Ltd ABN 56 615 990 086  will not be liable for any loss or damage whatsoever arising from such cancellation.
14.2 In the event that the Customer cancels the delivery of Goods or performance of the Services, the Customer will be liable for any loss incurred by Technician Training Australia Pty Ltd ABN 56 615 990 086  (including, but not limited to, any loss of profits) up to the time of cancellation.

  1. Privacy Act 1988 (Cth)

15.1 The Customer acknowledges and agrees that Technician Training Australia Pty Ltd ABN 56 615 990 086 ’ Privacy Policy (as may be amended from time to time) is as set out on Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s website located at www.Technician Training Australia Pty Ltd ABN 56 615 990 086 .com.au and that the Customer has read and understood the terms of the Privacy Policy.

  1. General

16.1 If any provision of these Terms & Conditions is invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired.
16.2 If any provisions of these Terms & Conditions are inconsistent with the PPSA, the PPSA will prevail to the extent of that inconsistency.
16.3 These Terms & Conditions and any contract to which they apply will be governed by the laws of Queensland and are subject to the jurisdiction of the courts of Queensland.
16.4 To the extent permitted by law:
16.4.1 Technician Training Australia Pty Ltd ABN 56 615 990 086  will be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Technician Training Australia Pty Ltd ABN 56 615 990 086  of these Terms & Conditions;
16.4.2 In the event of any breach of this contract by Technician Training Australia Pty Ltd ABN 56 615 990 086  the remedies of the Customer will be limited to damages which under no circumstances will exceed the Price of the Goods and Services.
16.5 The Customer will not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Technician Training Australia Pty Ltd ABN 56 615 990 086  nor to withhold payment of any invoice because part of that invoice is in dispute.
16.6 Technician Training Australia Pty Ltd ABN 56 615 990 086  may license or sub-contract all or any part of its rights and obligations.
16.7 The Customer agrees that Technician Training Australia Pty Ltd ABN 56 615 990 086  may review these Terms & Conditions at any time. If, following any such review, there is to be any change to these Terms & Conditions, then that change will take effect from the date on which Technician Training Australia Pty Ltd ABN 56 615 990 086  notifies the Customer of such change. The Customer will be under no obligation to accept such changes except where Technician Training Australia Pty Ltd ABN 56 615 990 086  supplies further Goods or Services to the Customer and the Customer accepts such Goods or Services.
16.8 Neither party will be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond their reasonable control.
16.9 The failure by Technology Training Australia to enforce any provision of these Terms & Conditions will not be treated as a waiver of that provision, nor will it affect Technician Training Australia Pty Ltd ABN 56 615 990 086 ’s right to subsequently enforce that provision.

Effective from 14/08/2017

 

 

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