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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [10 February 2014]. |
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| Clause 17, page 8, line 20, at end insert— |
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| | ‘(1A) | Prior to sale the trader must disclose any— |
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| | (a) | outstanding claims to the goods, or |
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| | (b) | legal charges against the goods, |
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| | | which is the subject of the contract and which may— |
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| | (i) | affect the consumer’s future enjoyment or use of the goods, or |
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| | (ii) | cause financial detriment to the consumer.’. |
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| Clause 19, page 10, line 6, at end insert— |
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| | ‘(4A) | Where the installation of goods leads to a risk to the consumer, as set out in the |
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| | Housing Act 2004, the consumer retains a right to a full refund of the cost of the |
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| | contract and any additional fees associated with the installation. |
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| | (4B) | Any action taken under subsection (4A) will not prevent the consumer from |
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| | seeking other remedies or further compensation for the consequences of the |
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| Clause 19, page 10, line 14, at end insert— |
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| | ‘(6A) | Where the trader has failed to notify the consumer of an outstanding legal charge |
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| | or liability against the goods, in exercising the right to reject the consumer may |
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| | also revert all legal and financial responsibility to the trader as though the initial |
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| | transfer had not taken place.’. |
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| Clause 19, page 11, line 5, at end add— |
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| | ‘(16) | Upon seeking to enforce statutory rights under this section, customers must be |
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| | provided with information, by the trader, about their rights regarding rejection, |
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| | repair or replacement of goods, or other remedies provided under sections 20 to |
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| Clause 20, page 11, line 24, at end insert— |
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| | ‘(a) | within 30 days of agreeing that a refund is to be paid, and |
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| | (b) | using the same payment method used in the original transfer. |
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| | (9A) | Where the trader fails to ensure an entitled refund under subsection (9) is |
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| | provided within 30 days, the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay, unless the |
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| | consumer has decided to waive this right to a refund within this timeframe.’. |
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| Clause 20, page 11, line 24, at end insert— |
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| | ‘(9A) | A consumer shall not be obliged to incur any costs when returning rejected goods |
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| | except those incurred in returning the goods to the place where they acquired |
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| | physical possession of the same goods.’. |
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| Clause 20, page 11, line 27, after ‘transferred’, insert ‘within 30 days of agreeing |
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| that a refund is to be provided’. |
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| Clause 20, page 11, line 27, at end insert— |
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| | ‘(10A) | Where a trader fails to ensure an entitled transfer under subsection (10) is |
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| | provided within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay. |
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| | (10B) | Damages shall not be awarded if— |
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| | (a) | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe, or; |
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| | (b) | such a timeframe could not be considered reasonable given the transfer |
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| Clause 20, page 11, line 31, after ‘transferred’, insert ‘within 30 days of agreeing |
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| that a refund is to be provided. |
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| | (11A) | Where a trader fails to ensure an entitled transfer under subsection (11) is |
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| | provided within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss of income from this delay on them. |
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| | (11B) | Damages shall not be awarded if— |
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| | (a) | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe, or; |
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| | (b) | such a timeframe could not be considered reasonable given the transfer |
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| Clause 20, page 11, line 34, at end insert— |
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| | ‘(12A) | Any refund under subsection (12) shall be paid— |
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| | (a) | within 30 days of agreeing that such a refund is to be provided, and |
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| | (b) | using the same format for payment used in the original transfer for which |
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| | they are receiving the refund. |
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| | (12B) | Where the trader fails to ensure an entitled refund under subsection (12) is |
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| | provided within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay. |
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| | (12C) | Damages shall not be awarded if— |
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| | (a) | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe, or |
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| | (b) | such a timeframe could not be considered reasonable given the transfer |
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| Clause 20, page 11, line 37, at end insert— |
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| | ‘(13A) | Any refund under subsection (13) shall be paid— |
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| | (a) | within 30 days of agreeing that such a refund is to be provided, and |
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| | (b) | using the same format for payment used in the original transfer for which |
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| | they are receiving the refund. |
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| | (13B) | Where a trader fails to ensure an entitled refund under subsection (13) is provided |
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| | within 30 days the consumer is entitled to seek damages from the trader |
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| | commensurate with the impact of any loss caused by this delay on them, unless |
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| | the consumer has decided to waive this right to a return of whatever was |
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| | transferred within this timeframe.’. |
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| Clause 22, page 13, line 23, at end insert— |
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| | ‘(4A) | The consumer may defer the commencement of the short term right to reject |
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| | goods if they stated at the time of purchase that they wish to defer the use of the |
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| | goods to a specific date and can reasonably be expected to delay the use of the |
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| Clause 23, page 14, line 3, leave out ‘a reasonable time’ and insert ‘30 days, unless |
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| an alternative timescale is agreed with the consumer prior to the commencement of any |
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| Clause 23, page 14, line 22, at end insert ‘, and |
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| | (c) | the financial impact on the consumer of the completion of any repair that |
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| | takes longer than 30 days.’. |
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| Clause 23, page 14, line 32, at end add— |
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| | ‘(9) | Where the quality of provision of goods has been deemed to be hazardous or so |
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| | poor as to cause the consumer to reasonably lose confidence in the traders’ ability |
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| | to provide goods, the consumer may refuse a repair and exercise their right to |
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| | reject under section 20.’. |
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| Clause 24, page 14, line 39, after ‘amount’, insert ‘, to be paid— |
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| | (i) | within 30 days of agreeing that a refund is to be paid, and |
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| | (ii) | using the same payment method used in the original transfer for |
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| | which they are receiving the refund. |
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| | (1A) | Where the trader fails to ensure this refund is provided within this timeframe the |
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| | consumer is entitled to seek damages from the trader commensurate with the |
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| | impact of any loss caused by this delay, unless the consumer has decided to waive |
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| | this right to a refund within this timeframe.’. |
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| Clause 24, page 15, line 34, leave out from ‘(12)’ to end of line 39. |
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| Clause 24, page 15, line 40, leave out subsection (11). |
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| Clause 30, page 19, line 26, leave out ‘states’ and insert ‘sets out in full and clearly |
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| Clause 33, page 21, line 38, at end insert— |
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| | ‘(4A) | For the purposes of this legislation, intermediary services which enable access to |
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| | digital cotent by being a platform for introducing a consumer to a trader shall also |
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| | not be considered to have supplied digital content.’. |
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| Clause 34, page 22, line 21, at end insert— |
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| | ‘(aa) | any claim made by the trader as to the outcome the digital content will |
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| Clause 35, page 23, line 34, at end insert— |
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| | ‘(5A) | In assessing whether digital content is fit for purpose any public claims made by |
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| | the trader as to the purpose of the digital content shall be taken into account.’. |
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| Clause 36, page 23, line 40, at end insert— |
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| | ‘(1A) | Where a trader is selling digital content that has restrictions on who can purchase |
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| | it, public communications about that digital content, including promotional |
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| | material and any promotional activities, shall be required to reflect these |
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| Clause 36, page 23, line 40, at end insert— |
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| | ‘(1B) | Prior to exchange of the digital content or agreeing the contract, whichever |
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| | happens first, the trader will explicitly provide the consumer with relevant details |
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| | of their statutory rights under sections 42, 43, 44 and 45 of this Act.’. |
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| Clause 36, page 24, line 9, at end insert— |
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| | ‘(4A) | The trader is required to provide full details of the total cost of digital content |
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| | prior to sale including details of any additional service fees or charges that could |
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| | be incurred by the buyer in purchasing the digital content. |
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| | (4B) | The information set out in subsection (4A) should be portrayed prior to sale and |
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| | the explicit consent to purchase digital content at this price sought prior to sale.’. |
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| Clause 40, page 25, line 31, at end add— |
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| | ‘(2A) | If the trader becomes aware of digital content that is faulty it is the responsibility |
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| | of the trader to take all reasonable steps to inform the consumer affected so that |
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| | he may exercise their statutory rights.’. |
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| Clause 43, page 27, line 3, leave out ‘a reasonable time’ and insert ‘30 days unless |
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| an alternative timescale is agreed with the consumer prior to the commencement of any |
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| Clause 43, page 27, line 16, after ‘conformity’, insert ‘and the financial impact on |
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| the consumer of the completion of any repair that takes longer than 30 days’. |
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| Clause 45, page 28, line 8, at end insert— |
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| | ‘(2A) | The consumer is entitled to this refund within 30 days of agreeing that a refund is |
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| | to be paid using the same payment format used to purchase the digital content for |
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| | which they are receiving the refund. |
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| | (2B) | Where the trader fails to ensure this refund is provided within this timeframe the |
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| | consumer is entitled to seek damages from the trader commensurate with the |
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| | impact of any loss of income from this delay on them unless the consumer has |
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| | decided to waive this right to a refund within this timeframe.’. |
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| Clause 46, page 28, line 22, at end insert— |
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| | ‘(2A) | The consumer is entitled to this payment within 30 days of agreeing that a |
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| | payment is to be made using the same payment method used to purchase the |
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| | digital content for which they are receiving the payment. |
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| | (2B) | Where the trader fails to ensure this payment is provided within this timeframe |
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| | the consumer is entitled to seek damages from the trader commensurate with the |
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| | impact of any loss of income from this delay on them unless the consumer has |
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| | decided to waive this right to a payment within this timeframe.’. |
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| Clause 49, page 30, line 8, at end insert— |
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| | ‘(1A) | In assessing whether the service has been performed with reasonable care and |
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| | skill any claim made by the trader as to the outcome the service will achieve must |
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| | be taken into consideration.’. |
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| Clause 49, page 30, line 8, at end insert— |
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