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d. The signature in the signature block on the check is not substantially reference into Sales Contract';and(D) ' "' ` ' '` `' ' s
<br /> different from the name imprinted on the check; contract for the vehicle.In addition,cn 6.1.D. - Page 53
<br /> e. The date of the check accurately coincides within 1 calendar day of(i) purchase of the vehide shall(1)induae�o�ai arnoun�oi cnecKs
<br /> the date of the inquiry call to TeleCheck,and(ii)the date the transaction submitted for processing as Hold Check Items,and(2)have the
<br /> actually occurred.(Checks may not pre-date or post-date by more than following,or a substantially similar provision,printed or written on
<br /> 1 calendar day the date of the inquiry call and the transaction date); the contract:"See attached Check Writer Hold Check Agreement
<br /> f. Subscriber has no reason to question or have notice of any fact, incorporated by this reference";
<br /> circumstance or defense which would impair the validity or collect- (vii) the request for processing a Hold Check Item must be submitted
<br /> ability of Consumer's obligation or relieve Consumer from liability; to TeleCheck within 45 days from the date of the check submitted
<br /> g. The TeleCheck Subscriber Number,Consumer's telephone number for processing as a Hold Check Item,and must be accompanied
<br /> (induding area code),identification type and number and TeleCheck by(A)a copy of the purchase agreement,(B)a copy of the Check
<br /> Approval Code are printed or written on the check;
<br /> Writer Hold Check Agreement,(C)a copy of the credit application,
<br /> (D)proof of purchaser's insurance,and(E)a TeleCheck Warranty
<br /> h. The amount shown in words and figures on the check is(i)less than or Request form,and;
<br /> equal to the amount entered into the TeleCheck system;or(ii)no more
<br /> than$1.00 over the amount entered into theTeleCheck system; (viii)notwithstanding the foregoing representations in this Section
<br /> 1.4.2(k),the Hold Check Item Warranty Services will not be
<br /> i. The check is deposited in Subscriber's Account and received by available if(A)the vehicle has not left Subscriber's possession,
<br /> TeleCheck for purchase within 30 days of the date of the check.Such (B)the vehide has been returned to Subscriber's possession,(C)
<br /> check has been sent directly from Subscriber's financial institution an attempt has been made by Consumer to return the vehicle to
<br /> after being presented for payment only once(no re-presentments shall Subscriber,but,Subscriber has not accepted return of the vehicle,
<br /> be allowed,whether paper or electronic); or(D)the Consumer has attempted to rescind the purchase;
<br /> j. If the check is provided in connection with a C.O.D.Item: I. If the check is provided in connection with a Mail Order Item:
<br /> (i) Subscriber,atTeleCheck's request or direction,included a (i) the date of the check submitted for processing as a Mail Order
<br /> reasonable estimate of the freight and handling charges that will Item and the date of the inquiry call to TeleCheck are no later than
<br /> be included in the amount of the check submitted for processing the date of the deposit of the check submitted for processing as a
<br /> as a C.O.D.Item, Mail Order Item;
<br /> (ii) the date of the inquiry call to TeleCheck is no later than 10 days of (ii) the goods purchased through mail order are not mailed to a
<br /> the date of the check submitted for processing as a C.O.D.Item, p.0.Box address(unless the order is mailed to a post office box
<br /> (iii)the date of the inquiry call and the TeleCheck Approval Code located in Alaska);
<br /> are both written on the check submitted for processing as a
<br /> C.O.D.Item, (iii) the date of the inquiry call to TeleCheck is written on the check
<br /> submitted for processing as a Mail Order Item;and
<br /> (iv) the amount of the C.O.D.Item does not differ by more than 10%
<br /> from the amount approved byTeleCheckduring Subscriber's (iv) the check submitted for processing as a Mail Order Item is
<br /> inquiry related to the check submitted for processing as a C.O.D. received byTeleCheckfor purchase within 45 days from the date
<br /> Item,and of the inquiry call(a copy of the invoice for the goods must
<br /> accompany each warranty request);and
<br /> (v) the check submitted for processing as a C.O.D.Item is received by m.The transaction is not subject to any stop payment,dispute or set-off.
<br /> TeleCheck for purchase within 45 days from the date of the inquiry
<br /> call(a copy of the invoice for the merchandise paid for using the 1.4.3. Assignment of Checks. By electing to subscribe to the Paper
<br /> check submitted for processing as a C.O.D.Item must accompany Warranty Services,Subscriber ASSIGNS,TRANSFERS AND CONVEYS to
<br /> the check when sent to TeleCheck); TeleCheck all of Subscriber's rights,title and interest in any check
<br /> k. If the check is provided in connection with a Hold Check Item: submitted to TeleCheck for coverage under this Agreement.Subscriber
<br /> shall,atTeleCheck's request,endorse such checkand take any action
<br /> (i) Subscriber has not accepted more than 4 checks as Hold Check reasonably deemed necessary byTeleCheck to aid in the enforcement of
<br /> Items for any transaction involving the Consumer's purchase of a TeleCheck's rights hereunder.
<br /> particular vehicle,
<br /> 1.4.4. Reassignment.TeleCheck may reassign to Subscriber any
<br /> (ii) the first check submitted for processing as a Hold Check Item check purchased byTeleCheck pursuant to the Paper Warranty Services
<br /> must be deposited within 2 days of the vehicle's purchase, provisions of this Agreement,in any of the following circumstances:
<br /> (iii) the aggregate dollar amount of TeleCheck's warranty for the Hold a. The goods or services,in whole or in part,for which the check was
<br /> Check Item and the aggregate dollar amount of checks submitted issued have been returned to Subscriber,have not been delivered by
<br /> for processing as Hold Check Items accepted by Subscriber shall Subscriber,are claimed by Consumer to have been unsatisfactory,or
<br /> be the lesser of(A)the aggregate amount of the checks submitted are subject to any stop payment,dispute or set-off;
<br /> for processing as Hold Check Items accepted by Subscriber for the
<br /> purchase,(B)the Warranty Maximum,or(C)25%of the total b. Subscriber has received full or partial payment or security in any form
<br /> purchase price of the vehide; to secure payment of the check,or the goods or services for which the
<br /> check was issued were initially delivered on credit or under a lease;
<br /> (iv) the check submitted for processing as a Hold Check Item must be
<br /> dated the same date as the purchase agreement and coincide c. The transaction is for any reason illegal,void or invalid;or purchase by
<br /> with the date of inquiry to TeleCheck(the inquiry to TeleCheck or transfer to TeleCheck of the check is not permitted by applicable
<br /> must be made using Subscriber's Hold Check subscriber number); law;or a court of law determines that the check is,in whole or in part,
<br /> not due and payable by Consumer,unless such determination results
<br /> (v) the check writer must be(A)the purchaser of the vehicle,(B)the from Consumer's bankruptcy proceeding;
<br /> person whose name is to be on the title of the vehicle,and(C),if
<br /> the vehicle is being financed,the person listed on the finance d. Any of the representations made by Subscriber as set forth in Section
<br /> related documents; 1.4.2 are or become false or inaccurate;
<br /> (vi) a Check Writer Hold Agreement,as provided byTeleCheck,out- e. Subscriber failed to comply with this Agreement;
<br /> lining the Hold Check Item amounts and deposit dates must be f. Subscriber,or any of Subscriber's owners,agents or employees:
<br /> completed and agreed upon by Subscriber and the check writer. (i)materially altered the check;or(ii)accepted the check with reason
<br /> For California Subscribers only:A Check Writer Hold Agreement, to know that it was likely to be dishonored(including failure to receive
<br /> as provided by TeleCheck,outlining the amounts of the checks a TeleCheck Approval Code)or that the identification used was forged,
<br /> submitted for processing as Hold Check Items and deposit dates altered or did not belong to Consumer;or(iii)processed the transaction
<br /> (A)must be completed and agreed upon by Subscriber and the in a manner which was an attempt to avoid the warranty requirements
<br /> check writer,(B)shall not be executed by Subscriber and the or Warranty Maximum."Knowledge"shall be presumed in the presence
<br /> check writer,(C)shall have the following,or a substantially similar of facts or circumstances which,if known,would cause a non-
<br /> provision,printed or written on the agreement:"Incorporated by subscribing merchant,using commercially reasonable judgment,to
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