|
settlement or other payments of any amounts now due,or hereafter to TeleCheck's request,and(c)permitTeleCheck` "`r ' -" '
<br /> become due,until TeleCheck has had reasonable opportunity to reasonable notice and during normal busines�6.1.D. - Page 51 h
<br /> investigate such event.Continuance of service and payment processing this requirement.
<br /> during any period of delinquency shall not constitute a waiver of 1.3.5. Assignment of ECA Warranty Transactions. By electing to
<br /> TeleCheck's rights of suspension or termination.In the eventTeleCheck subscribe to the TeleCheck ECA Warranty Services,Subscriber ASSIGNS,
<br /> makes a partial adjustment to an Item or a credit to a Consumer's account TRANSFERS AND CONVEYS to TeleCheck all of Subscriber's rights,title and
<br /> at the request of Subscriber or as a result of a Subscriber error,and the interest in any ECA Warranty Transaction submitted by Subscriber to
<br /> Item becomes a Return Item,TeleCheck may recover all such amounts TeleCheck under this Agreement.Subscriber shall,at TeleCheck's request,
<br /> from Subscriber.TeleCheck may also recover from Subscriber the amount endorse such check and take any action reasonably deemed necessary by
<br /> of any fees paid by a Consumer to Consumer's financial institution which TeleCheck to aid in the enforcement of TeleCheck's rights hereunder.
<br /> resulted from a Subscriber error. 1.3.6. Chargeback and Reassignment. TeleCheck may chargeback
<br /> 1.3.3. Warranty Requirements. TeleCheck warrants the accuracy of to Subscriber any ECA Warranty Transaction processed byTeleCheck,or
<br /> its information provided that all requirements set forth in this Section are reassign to Subscriber any ECA WarrantyTransaction which has been
<br /> strictly met.TeleCheck agrees to purchase from Subscriber one Item per approved as a paper check and purchased byTeleCheck,in any of the
<br /> ECA WarrantyTransaction for which a TeleCheck Approval Code was inaccu- following circumstances:
<br /> rate;provided,however,that TeleCheck's liability shall be limited by the a. The goods or services,in whole or in part,for which the ECA Warranty
<br /> Warranty Maximum and warranty requirements,and shall not exceed the Transaction was submitted,have been returned to Subscriber,have not
<br /> amount of the Item.Subscriber's sole and exclusive remedy for breach of been delivered by Subscriber,are claimed by Consumer to have been
<br /> warranty shall be the right to require TeleCheck to purchase such Item sub- unsatisfactory,or are subject to any stop payment,dispute or set-off;
<br /> ject to the terms and conditions contained in this Agreement.Subscriber
<br /> represents and warrants with respect to each ECA WarrantyTransaction b. Subscriber has received full or partial payment or security in any form
<br /> submitted to TeleCheck for processing under this Agreement that: to secure payment of the Item,or the goods or services for which the
<br /> Item was issued or authorized were initially delivered on credit or
<br /> a. The check is a first party check drawn on Consumer's account at a under a lease;
<br /> United States,Canada or Puerto Rico financial institution and made
<br /> payable to Subscriber.The name of the Consumer is imprinted or c. The transaction is for any reason illegal,void or invalid;or purchase by
<br /> typed on the check by the check manufacturer; or transfer to TeleCheck of the Item is not permitted by applicable law;
<br /> or a court of law determines that the Item is,in whole or in part,not
<br /> b. Subscriber made an inquiry to TeleCheck in strict accordance with due and payable by Consumer,unless such determination results from
<br /> TeleCheckOperational Procedures and obtained a singleTeleCheck Consumer's bankruptcy proceeding;
<br /> Approval Code.The transaction was not performed in an attempt to
<br /> avoid the warranty requirements or Warranty Maximum(as more fully d. Any of the representations made by Subscriber as set forth in
<br /> described in Section 13.6(f)),including through split sales; Section 133 are or become false or inaccurate;
<br /> c. The transaction represents an obligation of Consumer at the point of e. Subscriber failed to comply with this Agreement;
<br /> sale(no phone,mail or internet orders)for goods sold or rented or f. Subscriber,or any of Subscriber's owners,agents or employees(i)
<br /> services rendered for the price of such goods or services,and the materially altered either the check or the Authorization Receipt;or
<br /> transaction is not for credit,cash or payment on an account,debt or (ii)processed the transaction with reason to know that the Item was
<br /> check already due Subscriber,except that a Consumer purchase trans- likely to be dishonored(induding failure to receive a TeleCheck
<br /> action at a grocery store may also include cash back not to exceed Approval Code)or that the identification used was forged,altered or
<br /> $25.00 above the purchase amount; did not belong to Consumer;or(iii)processed the transaction in a
<br /> d. The signature of Consumer on the Authorization Receipt is not manner which was an attempt to avoid the warranty requirements or
<br /> substantially different from the name imprinted on the check; Warranty Maximum."Knowledge"shall be presumed in the presence of
<br /> facts or circumstances which,if known,would cause a non-subscribing
<br /> e. The date of the check and the ECA WarrantyTransaction accurately merchant,using commercially reasonable judgment,to independently
<br /> coincides within 1 calendar day of(i)the date of the inquiry call to refuse to accept a check."Knowledge"is also presumed where there is
<br /> TeleCheck,and(ii)the date the transaction actually occurred. evidence of Subscriber's attempt to avoid warranty limitations through
<br /> (Checks may not pre-date or post-date by more than 1 calendar day manipulation of transactions,including,but not limited to the splitting
<br /> the date of the inquiry call and the transaction date); of a single transaction into smaller components or resubmission of a
<br /> f. Subscriber has no reason to question or have notice of any fact, previously denied transaction;
<br /> circumstance or defense which would impair the validity or collect- g. The Authorization Receipt was incomplete or unsigned,or a legible
<br /> ability of Consumer's obligation or relieve Consumer from liability; copy of the Authorization Receipt was not received byTeleCheck
<br /> g. The transaction is not subject to any stop payment,dispute or set-off; within 7 days of a request byTeleCheck;
<br /> h. Subscriber complied with all applicable laws,rules,regulations,and h. A duplicate ECA WarrantyTransaction relating to the same transaction
<br /> NACHA Rules; was received and processed,or the original paper check was deposited,
<br /> i. Consumer authorized the debiting of Consumer's account and the debit thereby creating a duplicate entry against Consumer's financial institu-
<br /> entry is in an amount agreed to by Consumer.Subscriber received a tion account;
<br /> separate signed and completed Authorization Receipt from Consumer i. Consumer disputes authorizing the ECA WarrantyTransaction or the
<br /> for each ECA Warranty Transaction; validity or accuracy of the transaction;
<br /> j. The paper check to which the ECA WarrantyTransaction relates:(i)has 1• Subscriber received notice that Consumer filed bankruptcy and Sub-
<br /> not been used in any other transaction,(ii)is voided on the front by scriber failed to notify TeleCheck of the bankruptcy within 3 business
<br /> Consumer or Subscriber,and(iii)is returned to Consumer; days of Subscriber's receipt of such notice;or
<br /> k. The amount entered into the TeleCheck system and on the Authori- k. The closeout of the Batch and transmission of the ECA Warranty
<br /> zation Receipt match exactly and does not exceed the Warranty Transaction to TeleCheck for settlement processing did not occur
<br /> Maximum;and within 7 days from the date the TeleCheck Approval Code was issued
<br /> for the transaction Subscriber shall immediately notifyTeleCheck upon
<br /> I. If the ECA WarrantyTransaction is approved as a paper check not eligible the happening of any of the above circumstances.If the Item is
<br /> for processing as an electronic funds transfer,each representation and charged back or reassigned as provided herein,(a)TeleCheck may debit
<br /> warranty set forth in Section 133(I),(m)and(n),and those set forth in Subscriber's Account in the amount paid by TeleCheck for the Item,(b)
<br /> Section 1.4.2 shall be applicable to such ECA WarrantyTransaction. deduct or offset such Item against any amounts to be paid to Subscriber
<br /> 1.3.4. Authorization Receipts. Subscriber shall(a)maintain the for ECA WarrantyTransactions,or(c)upon request,Subscriber shall remit
<br /> signed Authorization Receipt for a minimum period of 2 years from the the amount of the Item toTeleCheck.TeleCheck may also chargeback to
<br /> date of the transaction or for the period specified by the NACHA Rules, Subscriber any amount over the Warranty Maximum on any ECA
<br /> whichever is longer,(b)physically deliver either the original or a legible WarrantyTransaction where TeleCheck has not received payment for
<br /> copy of the signed Authorization Receipt to TeleCheck within 7 days of such transaction within 60 days of the date of the ECA Warranty
<br /> WFB1301 37
<br />
|