Commissioned production and processing contract template 1
Party A: (hereinafter referred to as Party A)
Party B: (hereinafter referred to as Party B )
In order to give full play to its market advantages and expand the development of the brand market, Party A decided to engage in the production and sales of transmission-type high and low-voltage motor soft starter series and frequency converter series products (hereinafter referred to as: transmission series products) , but according to the country’s compulsory certification requirements for high and low voltage electrical products, Party A wanted to create conditions to obtain product CCC certification. Through negotiations with Party B, the marketing concepts and strategies of both parties are consistent. In line with the principle of "mutually beneficial cooperation, mutual benefit and win-win", the matter of entrusting Party B to produce a series of high and low voltage electric soft starter products has been agreed upon by both parties through friendly negotiation. This agreement is entered into as the basis for Party A and Party B's ODM project cooperation and subsequent purchase of products and services.
1. Products commissioned
1. Party B considers that Party A is familiar with the market and has rich customer resources and marketing capabilities, and provides Party A with a series of transmission products. Party B promises that all products provided will obtain valid CCC certification. The products strictly comply with the requirements of the quality assurance capabilities of CCC certified factories. Party A shall provide Party B with ODM certification for the CCC certified products provided by Party B before they can be sold in the market.
2. The products Party A entrusts Party B to produce are high and low voltage electric soft starter series and frequency converter series. Party B accepts Party A's entrustment and promises that the products produced must comply with national standards and quality standards. , meet Party A’s technical requirements, and be responsible for the quality of the products produced.
3. Party B organizes production according to Party A's needs. The specific specifications and quantities of the products are subject to Party A's order, and the products are delivered to Party A according to the time specified in the order.
4. Party B will cooperate and assist in solving special situations in Party A’s sales services. However, it does not bear any legal responsibility for the claims and debts incurred during the operation of Party A's enterprise.
5. The ODM products that Party B is responsible for producing shall be consistent with the certified products. If there are any changes in structure or key parts, the changes may only be made with the approval of the certification body.
2. Product brand and packaging
1. For the high and low voltage electric soft starter series and frequency converter series products that Party A entrusts Party B to produce, Party B must provide those products that have passed the factory inspection. Products, products and packaging provided to Party A shall not have nameplates and signs marked with the company name, and shall implement "neutral" inner and outer packaging. If a special brand and model of product is required, this should be stated in the order.
2. Party B shall not use or label the products with the name, model and address of Party A’s company for external sales.
3. Product market constraints
1. Party A should actively establish a market and marketing network for transmission series products, strive to expand product marketing, and increase the total production volume of commissioned products.
2. Party A shall not carry out sales activities to Party B for the projects in the picture above and the projects that have been tracked, or engage in malicious market competition.
3. Party B and its marketing channels shall not engage in low-price dumping or malicious market competition for the projects that Party A has already passed through the market design of the design institute and projects that have been tracked and established a basic relationship.
4. Product supply price
1. Party A should develop the market as quickly as possible, establish a sales organization, develop a marketing network, and conduct business under Party A’s brand The marketing work of transmission series products shall bear the marketing expenses incurred in the process of market development and product sales.
2. In view of the investment risks in product marketing borne by Party A, Party B shall make every effort to support Party A in actively carrying out marketing work and provide Party A with the most favorable supply price for transmission series products, which shall be determined in detail The preferential price for product supply is Party A’s market price.
3. If Party A’s annual entrusted production volume and payment amount exceed 5 million/year (RMB: Yuan), Party B will give a rebate of 3; if Party A reaches 10 million/year (RMB: Yuan) For the above, Party B will give a rebate of 5%; if Party A’s entrusted production volume continues to expand, both parties will then renegotiate to establish a new execution price.
5. Payment Settlement
1. For the transmission series products provided by Party B to Party A, the payment settlement in the early stage of cooperation: spot goods, cash payment principle; after entering the normal period of cooperation, Party B shall provide Party A with financial support of RMB 30 of the payment every month for three consecutive months, with the RMB 30 of the first month paid off in the fourth month, and so on.
2. The transportation and miscellaneous expenses of the transmission series products from Party B to Party A’s location shall be borne by Party A.
6. Confidentiality Clause and Liability for Breach of Contract
1. After this agreement comes into effect, both parties must strictly abide by the provisions of this agreement and perform them conscientiously in line with the principle of good faith
2. In view of the fierce competition in the product market, in order to ensure the legitimate rights and interests of both parties, both parties have the obligation to keep confidential the entire contents of this agreement. Neither party shall disclose the relevant contents of this agreement to any third party. If there is a violation, the breaching party must bear the resulting economic losses to the other party and compensate the other party for the corresponding benefits available.
3. If Party B breaches the contract or stops supply without reason during the cooperation process, Party B must make unconditional compensation based on the total marketing expenses of Party A.
4. If any differences, disputes or disputes arise, the two parties should first resolve them through friendly negotiation based on the premise of this agreement; if the negotiation fails, either Party A or Party B may go through legal proceedings in accordance with the law. be resolved.
5. Party A shall not use similar products of other manufacturers during the cooperation period. If this happens, Party B has the right to immediately terminate the agreement, and Party A shall return the products involved when this agreement is terminated. Design drawings and instructions are given to Party B; within 2 years after the termination of the agreement, Party A cannot produce and sell similar products.
6. If Party A violates the provisions of this Agreement or unilaterally terminates this Agreement, Party B has the right to require Party A to pay liquidated damages of RMB 200,000.
7. Others
1. This agreement is long-term and has no fixed term. This agreement was signed on October 8, 20_, and will take effect after being signed and sealed by both parties; The agreement is made in two copies, with Party A and Party B each holding one copy. Relevant content should be extracted from Party A’s and Party B’s internal execution documents and separately distributed to the marketing and finance departments.
2. After this agreement takes effect:
① Party B shall fully support Party A’s application for the national compulsory product CCC manufacturing certificate, and provide all drawings and documents required for relevant applications material. Party B will notify Party B as soon as possible during the subsequent review and changes of CCC certified factories to ensure that the CCC certificate held by Party A is valid and responds to changes in a timely manner.
② When Party A applies for ODM certification of CCC certified products, the product name and product model applied for must be in accordance with Party A’s requirements, and all relevant information and other materials provided by Party B to Party A must be true ,efficient.
③ Party B shall provide electronic samples and selection data of the transmission series products, as well as technical drawings and data such as nameplates involved in internal and external packaging objects, to support Party A in the process of solving the processing and production of nameplates and other packaging objects by itself. .
④ In the early stage of cooperation, Party B is responsible for the pre-sales and after-sales services of the transmission series products sold through Party A. Party B must carry out maintenance, debugging and other work in the name of Party A, while Party A Bear the corresponding expenses; at the same time, Party B will make every effort to train Party A's service personnel, form a professional service team, and gradually transition to Party A's full responsibility for product services.
3. Matters not covered in this agreement can be stipulated in a supplementary agreement during the performance process.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________year____month____day_________year____month____day
Sample of entrusted production and processing contract 2
Client: (hereinafter referred to as "The entrusting party")
Address:
Telephone:
Fax:
The entrusted party: (hereinafter referred to as the "entrusted party" )
Address:
Telephone:
Fax:
(The entrusting party and the entrusted party are collectively referred to as the "Parties")
Both parties signed this contract through friendly negotiation on the basis of equality and voluntariness, and agreed to abide by the following:
(1) The client entrusts the processing of dried sea cucumber products according to the following conditions. Product orders will be issued to the entrusted party in accordance with the provisions of this agreement.
(2) The entrusted party will process dried sea cucumber products for the entrusting party according to the following conditions, and the relevant products will be completed in accordance with the provisions of this agreement.
(3) The entrusting party is the sole holder of the "Chuangkang" trademark and enjoys the relevant product patent rights.
1. About the order
(1) The entrusting party must advance the order. The entrusted party shall confirm the order quantity, order content and delivery time by fax or email within 15 days.
(2) The entrusted party shall fax or email within three days after receiving the order. Confirm the order to the entrusting party.
(3) Unless both parties agree, after the order is confirmed to be accepted by the entrusting party, the entrusting party cannot terminate the order and the entrusting party must fulfill the order.
(4) The entrusting party must provide the entrusted party with the raw materials and packaging materials required for the order at least five days before the entrusted party starts processing.
(5) The entrusted party receives sufficient and sufficient materials. The date between the date of qualified materials and the date of shipment of finished products shall be no less than 15 days (including Saturdays and Sundays). All losses caused by work stoppage or delay due to insufficient quantity of raw materials and packaging materials, substandard quality or delay in providing required materials. (Also: If both parties reach an agreement, the entrusted party will be solely responsible for the procurement of raw materials and packaging materials, and an agreement must be drawn up in advance.)
(6) Procurement of raw materials and packaging materials. The quality inspection work of the warehouse (the entrusted party's warehouse) shall be supervised and confirmed by the representative appointed by the entrusting party and the quality manager of the entrusted party ***
2. Regarding processing and transportation fees
(1) Since the products commissioned for processing are seasonal products with large price fluctuations, the processing fees are subject to agreement by both parties and will be adjusted according to the market conditions. No specific stipulations are made in this contract. When the entrusting party needs it, the written document formed by fax or email shall prevail.
(2) The client will be responsible for product acceptance, arranging transportation matters by itself, and paying relevant freight and insurance premiums.
3. About payment and invoices
(1) After both parties confirm the order, the entrusting party needs to pay the entrusted party 30 processing fees in advance, and the remaining balance will be paid after the product production is completed and delivered by the entrusting party 10 The entire amount will then be remitted to the entrusted party's bank account.
(2) The entrusted party must issue an invoice according to the entrusting party's requirements within three working days after the entrusting party makes payment.
4. Process and product standards
(1) The production process of the product is jointly formulated by both parties and formed into a written document, signed by both parties for confirmation;
(2) Judgment standards for finished product quality: Dried sea cucumbers comply with SC/T 3206;
(3) Various raw materials, auxiliary materials and packaging materials provided by the client should comply with the corresponding standard requirements, and ensure that the procurement comes from Qualified suppliers;
5. Liability for infringement of intellectual property rights, patents and trademarks
Without the written consent of the entrusting party, the entrusting party or anyone else cannot use the entrusting party’s trademarks .
6. Responsibilities of both parties
(1) The entrusted party processes the above products according to the formula confirmed by the entrusting party and the process requirements confirmed by both parties. It must maintain quality and quantity and complete the entrusting party's tasks on schedule. Processing task indicators;
(2) If the quality of the product fails due to market supervision or spot inspection by the supervision department, the responsibility shall be borne by both parties according to the following circumstances:
2. 1. If the product fails due to controllable indicators in the production process such as salt, moisture, net content, etc., the entrusted party shall be responsible and bear corresponding penalties and other losses;
2. 2. If the product fails due to controllable indicators such as salt content, moisture, net content, etc. If drug residues, heavy metals, proteins and other uncontrollable indicators in the production process lead to unqualified products, the client will be responsible and bear corresponding penalties and other losses;
2.3 For unqualified raw materials, excipients, packaging materials, etc. If the product is unqualified, the actual purchaser of raw materials, auxiliary materials and packaging materials will be responsible for corresponding penalties and other losses.
7. Termination of Agreement
(1) Either party may terminate this agreement by notifying the other party in writing thirty days in advance.
(2) If either party violates the above treaty, the other party has the right to terminate this agreement by notifying the other party in writing 30 days in advance in accordance with the provisions of this agreement.
(3) After the agreement is terminated, the entrusting party must take away all remaining products, raw materials and packaging materials belonging to the entrusting party within five working days after the termination of the agreement. Otherwise, the entrusting party has the right to Handle related materials.
8. Agreement Period
(1) This agreement will be valid for one year from the date of signature and seal of both parties. Upon mutual agreement, the term of the agreement may be extended by way of supplementary agreement.
9. Others
This contract is made in triplicate, with the entrusting party and the entrusted party each holding one copy, and the filing authority holding one copy.
Party A (official seal): _________ Party B (official seal): _________
Legal representative (signature): _________ Legal representative (signature): _________
_________year____month____day_________year____month____day
Commissioned production and processing contract template 3
Customizer: Dalian-- Co., Ltd. Contract No.: --5 Undertaken by: Children's Clothing Department Signing Location: Dalian
After the work is completed, it will be returned to the customer's warehouse, and the receipt will be used as the receipt. If there is a shortage of materials due to the contractor's fault, the contractor shall bear the responsibility. The contractor shall inventory the details within three days from the date when the raw and auxiliary materials arrive at the contractor, and notify the customizing party in writing. Otherwise, it will be deemed that the raw and auxiliary materials provided by the customizing party have been received on time and in quantity.
3. Quality requirements and technical standards: The production instructions and confirmation opinions of the customizer shall prevail. The production of bulk goods can only be carried out after the first piece is confirmed. All technical data and requirements related to this contract, etc. As attachments to this contract, they are deemed to be an inseparable basis of this contract, and the attachments have the same effect as the contract. 4. Acceptance standards, methods and deadline for raising objections: The production instructions and confirmation opinions of the customizing party shall prevail. If there are any modifications, the written modifications of the customizing party shall prevail. Product quality shall be strictly guaranteed. Any quality problems and the resulting Any expenses and claims incurred, including those incurred by custom-made customers, shall be borne by the contractor.
If you need to provide guarantee, you must establish a separate contract "guarantee" as an attachment to this contract. The objection period shall be the time when the custom-order customer raises the objection. 5. Delivery location and method: The venue, warehouse, and receipt of goods specified by the customer shall prevail and serve as the basis for settlement.
6. Transportation method and cost burden: All transportation costs, insurance costs and risks before the consignee signs the receipt and voucher will be borne by the contractor. 7. Packaging standards and supply of packaging materials: Subject to the production instructions of the customizing party and the supplier designated by the customizing party.
8. Settlement method and period: After delivery, submit the valid value-added tax invoice and receipt to the business staff of the children's clothing department before the 15th of each month, and settle the payment at the company on the 13th of the following month. (This settlement is deemed to have no objection to quality, and quality objections shall be subject to Article 4 of this contract) 9. Liability for breach of contract:
1. If the contractor fails to deliver the goods on time, quality and quantity, causing the customizing party to suffer any consequences The costs and claims arising from the formal or substantive impact shall be borne by the contractor
2. If the contractor delivers goods on time, quality and quantity, and provides valid bills, the custom-ordering party must specify in this contract The payment will be settled within the day.
3. In order to ensure the fulfillment of the order, the customizing party will provide the contractor with information and materials including models, samples, drawings, and other product materials (hereinafter collectively referred to as "confidential information"). The contractor agrees The ordering party retains all rights to the above confidential information, including but not limited to intellectual property rights. The Contractor promises to only use such confidential information during the fulfillment of the purchase order and to return the confidential information to the Contractor immediately after the purchase order is completed without further notice or payment of fees by the Contractor. The Contractor further promises to strictly treat all confidential information. Confidentiality. Without the prior written consent of Party A, it shall not be disclosed to any third party, otherwise it will bear relevant legal liabilities.
10. Contract dispute resolution methods: Based on the principles of seeking truth from facts and mutual understanding, the disputes shall be resolved through negotiation or arbitration at the place where the custom-ordering party is located.
11. Other agreed matters: All changes, requirements, and explanations during the contract shall be subject to fax. And as an attachment to this contract, after the order is shipped in the correct quantity, the contractor must provide one sample of each color to the custom manufacturer free of charge as a prototype.
12. This contract shall take effect from the date of signature and sealing by both parties. If modification is required, it shall be in writing or faxed. 13. The contractor shall provide the necessary auxiliary materials as agreed upon by both parties: sewing thread, packaging, freight, value-added tax invoices, etc.
Customizer: Dalian--Co., Ltd. Contractor: Children's Clothing Department Unit Name (Section): Unit Name (Section): Unit Address: Unit Address
Legal Representative: Zhu - - Legal representative: Zhu -- Authorized agent: Guo -- Authorized agent: Guan --
Commissioned production and processing contract template 4
Client (hereinafter referred to as Party A) ):
The entrusted party (hereinafter referred to as Party B):
Based on the principle of honesty and trustworthiness, equality and mutual benefit, Party A and Party B have reached the following agreement through fair and friendly negotiation:
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1. Party A entrusts Party B to process and produce nutritious meal packs. The net content of each product shall not be less than grams, the specifications of each piece shall be 1-10-10, and the net content of each piece shall not be less than the main raw materials for the production of the product. It is used by the brand designated by Party A, and the formula must be reviewed and approved by Party A (dough formula: 25 kilograms of bread flour, 5 kilograms of sugar, 2.5 kilograms of Quan Tong Mayalin, 25 eggs, 500 grams of milk powder; leather formula: Quan Tong Mayalin 1000 grams, 500 grams of white sugar powder, 500 grams of low-refined powder, 10 eggs, 25 grams of milk powder). During the production process, Party A has the right to send people to Party B’s factory for technical supervision. Party B must strictly follow Party A’s instructions. Request production.
2. The term of this contract is one year, from March 5, 20-20 to March 4, 20-20. The total contract output is 60 tons and the total contract output value is 750,000 yuan. ; One month before the expiration of the contract, the two parties will negotiate the cooperation matters for the next year. If the cooperation is satisfactory, the contract can be renewed.
3. Delivery and Payment Methods
1. Party B pays each
2. Party B delivers the goods to Party A’s designated shipping department. The consignment fee shall be borne by Party A. If Party A sends a truck to Party B's factory to pick up the goods, Party B will be responsible for arranging workers to load the truck.
3. Party A shall settle the payment to Party B on a monthly basis, reconcile the accounts on the last day of each month, and pay all the payment in one lump sum before the 10th of the following month.
4. Party A and Party B shall keep the commercial secrets of this cooperation, such as cooperation methods, formulas, processes, prices, etc., and shall not disclose them to third parties.
5. The raw materials and packaging used by Party B in the production process must comply with relevant national laws and regulations. Products should be produced in accordance with the standards of GB/T20981. Non-food additives must not be abused or used indiscriminately. If the product Party B shall be fully responsible for any problems with safety and quality; if the product quality is not up to standard, Party A may require Party B to return or exchange the product, such as air leakage in the packaging, product quality changes caused by incorrect formula, over-baking, or burnt products. If the baking time is less than the product is cooked, etc.
6. Party B shall provide the inspection report of the corresponding batch of this product. If the Industrial and Commercial Administration and the Quality Inspection Bureau fail to sample the product, Party B shall bear the responsibility; the sample inspection fee will be paid at Party A's location. Party A will pay for it, and Party B will be responsible for all losses caused by unqualified products.
7. If there is a quality problem with the product, Party B will bear the responsibility after inspection by the relevant department and it is determined that the problem is the product itself. However, Party A will be responsible for product quality problems caused by improper sales and storage due to the transportation process or due to Party A's improper sales and storage, but Party B can return or exchange the goods.
8. Since Party B wants to produce mooncakes for the Mid-Autumn Festival, Party B will not supply Party A with the goods two months before the Mid-Autumn Festival.
9. For products that Party A entrusts Party B to produce, Party B shall not put the products on the market, and the right to sell them belongs to Party A.
10. During the production process, if a safety accident or property loss occurs, Party B shall bear full responsibility and has nothing to do with Party A.
11. From the date of signing of this contract, neither party shall breach the contract. If one party breaches the contract, the breaching party shall bear all the economic losses of the other party and bear the liability for breach of contract; if a dispute occurs during the performance of this contract , the two parties shall resolve the dispute through negotiation. If the negotiation fails, the parties shall apply for arbitration to the arbitration institution where Party A is located.
12. This contract is made in two copies. Party A and Party B each hold one copy. After being signed and sealed by both parties, it will take effect after being notarized by a notary public.
Party A: Party B:
Signature of Party A’s representative: Signature of Party B’s representative
(Party A’s official seal) (Party B’s official seal)
Year, month and day
Sample of entrusted production and processing contract 5
Entrusting party: (hereinafter referred to as Party A)
Entrusted party: (hereinafter referred to as Party B)
Party A entrusts Party B to process ____________________ products. In order to safeguard the interests of both parties, after negotiation between the two parties, the following agreement is reached on relevant processing matters for both parties to abide by.
Article 1 OEM Content
Party A entrusts Party B to process a series of products for it. The processing quantity, style (or development information), standards and quality requirements shall be provided by Party A. The price It shall be determined through negotiation between both parties and shall be specified in the order.
Article 2 Responsibilities of Party A
1. Entrust Party B to process Party A’s ______ products quarterly as planned.
2. Provide Party B with relevant legal documents such as Party A’s production authorization procedures, trademark registration certificate, power of attorney, and proprietary legal certification of trade secrets
3. Provide Party B with Processed product style (or development information), quantity, technical requirements, delivery time, etc.
4. Responsible for providing Party B with various combinations of Party A’s trademarks, internal and external packaging, and entrusting Party B to process Party A’s _____________ products quarterly as planned.
2. Provide Party B with relevant legal documents such as Party A’s production authorization procedures, trademark registration certificate, power of attorney, and proprietary legal certification of trade secrets
3. Provide Party B with Processed product style (or development information), quantity, technical requirements, delivery time, etc.
4. Responsible for providing Party B with various combinations of Party A’s trademarks, internal and external packaging, other packaging and printed matter marked with the trademark, and other content related to Party B’s processed products.
5. Party A has the right to inspect and supervise Party B’s production standards and product quality, put forward opinions and suggestions, and accept confirmed samples.
6. Party A shall inspect and accept the goods in accordance with the samples and standards determined by both parties.
7. Party A and Party B shall strictly guard business secrets.
·The trademarks and graphics of the above-mentioned processed products signed in this contract are owned by Party A, and Party B shall not produce or provide them for others.
·Party A shall not hand over the samples designed and produced by Party B to other manufacturers.
Article 3 Responsibilities of Party B
1. Engage in processing activities in strict accordance with Party A’s entrusted content and requirements.
2. The style, quantity, quality and production period determined by Party A shall be produced according to the standards determined by Party A. The production standards shall comply with ____________ quality requirements, and the order quantity and variety shall not be exceeded in any form or reason.
3. Responsible for the procurement, acceptance and supply of raw materials, and follow the raw material quality requirements determined by Party A.
4. Strictly manage the trademarks, packaging and printed matter provided by Party A. Party B shall bear corresponding legal liability if Party A's trademarks, accessories and packaging are lost due to poor management.
5. The styles provided by Party A shall not be used for the production of other trademarks.
6. Strictly guard Party A’s business secrets.
7. Implement three guarantees for the products produced, and the three guarantees standards shall be implemented in accordance with relevant national regulations.
Article 4 Payment method and delivery location
After Party A determines the style, quantity, and standard of the entrusted processing, Party A signs an entrusted processing notice with Party B, and the order will be signed from the date of signing. Party B shall pay ____________ of the total purchase price within 1 week as advance payment. The goods provided by Party B shall be paid upon financial verification after Party A's acceptance into the warehouse. The delivery location shall be Party A's warehouse.
Article 5 Acceptance Criteria
Both parties determine the production variety samples before placing the order. Party A and Party B shall use this and the supervision requirements of the quality supervisor during the production process (required in writing) shall prevail) as the acceptance criteria. Party A must accept the product within 3 days from the date Party B delivers it to the designated location.
Article 6 Liability for breach of contract
1. Because Party B fails to deliver the goods within the time required by Party A, Party B shall bear the total price of this batch of goods______ liquidated damages every day; if If Party A fails to deliver the goods as required in the contract, Party B has the right to deduct Party A's deposit.
2. If Party B produces or sells Party A's products, packaging, printed matter, etc. without authorization, upon verification, Party B shall pay Party A a liquidated damages of RMB ______ million yuan regardless of the quantity, and shall hold Party B legally responsible.
3. In case of violation of other terms of this contract, the responsible party shall bear liquidated damages worth ______ of the goods.
4. If either party A or B breaches the contract, in addition to pursuing liability for breach of contract, the other party has the right to terminate this contract. Party A shall bear the legal liability arising from incomplete or false trademarks and authorization procedures provided by Party A, and Party A shall compensate for the economic losses caused to Party B.
Article 7 Contract Validity Period The term of this entrusted processing contract is ______ months, from ______ month______ of ______ year to ______ month ______ of ______ year date, the production period shall be determined by Party A’s plan notification.
Article 8 If there is a dispute in the contract, Party A and Party B can resolve it through negotiation. If they cannot reach an agreement, they can apply to the Guangzhou Arbitration Commission for arbitration.
Article 9 This contract is made in duplicate and will take effect after being signed and sealed by local representatives of both parties.
Article 10 Other matters not covered shall be concluded separately.
Party A: ____________ Party B: ____________
Representative: __________ Representative: __________
Date: ____________ Date: ____________
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