Chargeback Rights Sample Clauses
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Chargeback Rights. Subject to the remaining Sections of this Article 8, Bank will have the right to chargeback to Retailer any Indebtedness pertaining to a PLCC Purchase or a Co-Brand Purchase if Bank is entitled under the Association Rules to affect such chargeback as a bankcard issuer or, if with respect to the corresponding charge or credit or the related Charge Transaction Data or the underlying transaction:
(a) The Cardholder disputes a charge and (i) Retailer cannot provide Bank with evidence of the terms of the charge that resolves the dispute (including the date of the charge, a masked or truncated Account number, products purchased and purchased amount) within twenty (20) days after Bank’s request, or (ii) Bank determines that the merchandise was shipped to an address other than the then-current billing address for the Cardholder as reflected in Bank’s records; provided, however, that any such dispute constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of Bank; provided, further, that Bank shall have no obligation to re-charge the Cardholder for a charge where Retailer could not provide Bank with evidence of the terms of the charge that resolves the dispute within the above-referenced twenty (20) day period, but Retailer subsequently locates or otherwise finds evidence of such terms;
(b) The Cardholder disputes the amount of an Account and/or refuses to pay such amount alleging dissatisfaction with products or services received or failure to receive products or services, a breach of any warranty or representation by Retailer in connection with the transaction, or an offset or counterclaim based on an act or omission of Retailer, the product manufacturer or any third-party service provider; provided, however, that any such dispute constitutes a bona fide claim presented by a Cardholder in good faith in the reasonable opinion of Bank;
(c) Retailer failed to comply with any Operating Procedure(s) with respect to any charge, credit, or Account, or Bank determines in good faith that any charge, credit or Account was subject to any acts of fraud performed by or in collusion with Retailer’s and/or its affiliates’ employees, contractors or agents;
(i) The Cardholder asserts that the Cardholder or an authorized user did not make or authorize the purchase in dispute; (ii) the Cardholder or any other person asserts that such person’s name, social security number or other identifying information was used to make any purchase (or to ...
Chargeback Rights. NewCo acknowledges that end users may have a Chargeback right under Network Rules (with respect to Card Transactions) or any applicable law, and (if applicable) Microsoft has the right to pass Chargebacks to NewCo on an actual-cost basis, provided that to the extent the charges that are the subject of a Chargeback have been included in the calculation of Net Revenue in accordance with the definition thereof in the Agreement such Chargeback will be deducted in determining Net Revenue in accordance with the definition thereof in the Agreement. Chargebacks will be addressed in the reporting and reconciliation process contemplated by the Agreement.
Chargeback Rights. Except as modified in Section 5.03, Green ------------------------------ Tree shall have the right, at its option, to Chargeback to U.S. Remodelers the amount of any Purchase plus all accrued and unpaid finance charges and other amounts owing to Green Tree if:
(a) Any Presentment Warranty made by U.S. Remodelers pursuant to Section 6.01 proves to be false or inaccurate in any material respect, after a reasonable investigation by Green Tree;
(b) The Accountholder asserts any valid claim or defense against Green Tree as, a result of any act or omission of U.S. Remodelers or a Dealer that violates any applicable law, statute, ordinance, rule or regulation, after a reasonable investigation by Green Tree;
(c) The Accountholder disputes the amount or existence of such Account or the Accountholder refuses to pay (including by exercise of its right under the Fair Credit Billing Act or other similar law to require Green Tree to credit its Account), alleging dissatisfaction with the Products received, a breach of any warranty or representation in connection with the transaction, or an offset or counterclaim against Green Tree based on an act or omission of U.S. Remodelers or a Dealer after a reasonable investigation by Green Tree; or
(d) U.S. Remodelers or a Dealer did not comply with the operating procedures outlined in Section 4 herein.
Chargeback Rights. If Company has not complied with the terms of this Agreement or with the Operating Regulations with respect to either the opening of Accounts or a Card Sale made by Company, or if, at the end of the fifteen (15) Business Day billing inquiry/dispute resolution period specified in Section 2.9 of this Agreement, the billing inquiry or dispute is not resolved (or Bank has not been informed of the resolution or the action Company will take to resolve the billing inquiry or dispute), Bank may process a Chargeback to Company for the amount of the Card Sale, the Account balance or the disputed portion thereof, as applicable. If Bank processes a Chargeback and the disputed amount is subsequently paid by the Cardholder, Bank will reimburse Company for the disputed amount.
Chargeback Rights. (a) Bank’s Right to Chargeback. Bank will bear all credit losses associated with purchases financed on Accounts. However, Bank may charge back to Professional any transaction on a Program Card when one or more of the following occurs:
(i) The Cardholder disputes the charge, if Bank has given Professional an opportunity to respond and Bank determines that the Cardholder’s dispute is valid.
(ii) The Cardholder refuses to pay, based on an assertion of a dispute about the quality of the merchandise or services purchased from, or any act or omission by Professional, including any alleged breach of warranty provided by or through Professional.
(iii) The charge(s) are incurred on an Account opened upon submission of a Defective Application.
(iv) The charge does not fully comply with any of (x) this Agreement (or any representations, warranties and covenants set forth herein), (y) the Operating Guide, or (z) applicable law.
(v) The charge is disputed, and Professional cannot supply a copy of the underlying signed sales receipt, the signed Program Card application, or other documents required in accordance with this Agreement, the Operating Guide or Bank within seven (7) days of Bank’s request.
(vi) Bank determines that (x) any charge does not represent a bona fide sale (including without limitation fraud arising from frau dulent activities of Professional’s employees) by Professional, or involved acts of fraud by any party, or (y) Professional did not obtain an authorization/approval code as provided for in Section 2(h).
(vii) The goods or services purchased have not been delivered, provided or shipped.
(viii) The Cardholder alleges that the Professional provided false or mislead ing information (e.g., incorrect information about credit promotions).
(ix) Any credit is submitted where there is no corresponding charge transaction.
(x) Any disputed or fraudulent charge or credit relates to a transaction where the Cardholder was not physically present at Professional’s location (e.g., by telephone or via Internet).
(xi) Any disputed or fraudulent charge or credit relates to a transaction where the Cardholder did not physically present the cred it card (or other approved manifestation of an Account provided by Bank) or Professional failed to obtain a physical imprint or ele ctronic record of the Program Card (Professional acknowledges that, under these circumstances, the fact that an authorization/ approval code was obtained does not mean that a particular Program Card...
Chargeback Rights. A Campus Cash Card sale which is the subject of a dispute or was processed despite insufficient funds may be returned to Business unpaid, or Transact may return a previously paid Campus Cash Card sale to Business for repayment to the Cardholder. The returned sales shall be defined as ‘‘Chargebacks.’’ In such cases, Transact may request that Business supply Transact with a signed copy of the Campus Cash Card sale slip and all other information and documentation reasonably requested within a specified number of days of the receipt by Business of the Chargeback notification. The exact number of days will be as set forth in the notice of such Chargeback. Business agrees to pay a $25 processing fee for each Chargeback. Transact shall also have the right to audit the Business’s records for the Campus Cash Card program, including but not limited to Chargebacks, during business hours with reasonable advance notice to Business.
Chargeback Rights. With respect to a Disputed Charge: (i) we have Chargeback rights, prior to contacting you, if we determine that we have sufficient information to resolve the Disputed Charge in favour of the Cardmember; or (ii) we may contact you prior to exercising Chargeback. In either case, you will have no more than 20 days after we contact you to provide to us a written response containing the information we require, including the full Card account number. We will Chargeback, or our previous decision to exercise Chargeback will remain in effect, for the amount of the Disputed Charge if, by the end of that 20-day period, you have not fully resolved the Disputed Charge or provided us with the information requested.
Chargeback Rights. To the extent (and only to the extent) specified in Schedule 3.11(a) hereto, Bank may process a Chargeback to Zale for the amount of a Card Sale or an Account balance, or the disputed portion thereof, as applicable, but only if and to the extent Bank has suffered financial loss or expense as a result thereof; provided, however, in no event will Bank have the right to process such Chargeback more than twelve (12) months after the Card Sale (plus the period of any Special Credit Plan, applicable to such Card Sale, that provides for deferral of principal payments). Except to the extent required by Applicable Law, Bank shall not process any Chargeback to Zale based upon a merchandise or billing dispute by an Accountholder without first giving Zale notice of such dispute and at least thirty (30) days following such notice to resolve such dispute. Bank shall advise Zale electronically at least monthly in such format as shall be reasonably approved by Bank and Zale (specifying in reasonable detail the name and Account number of the Cardholder with respect to which such Chargeback is being processed, the amount of such Chargeback, the reasons for such Chargeback and whether Bank has previously paid Zale for the Card Sale which is the subject of such Chargeback) of all Chargebacks effected by Bank during the immediately preceding month (the “Chargeback Report”). If Bank processes a Chargeback and the disputed amount is subsequently paid to Bank by the Cardholder, Bank will promptly, and in any event within three (3) Business Days of Bank’s receipt of such payment, reimburse Zale for the amount paid by Cardholder. Zale shall have the right to collect any amount from Cardholder; to the extent Bank has processed a Chargeback to Zale as provided herein, and Bank hereby assigns to Zale all of Bank’s right, title and interest in, to and under all such amounts which are the subject of a Chargeback hereunder and constitutes and appoints Zale its attorney-in-fact for purposes of collecting each and every such amount, which payments and credits shall be for the benefit of Zale. Amounts charged back to Zale by Bank shall not include any Bank-imposed fees or finance charges and shall be increased or reduced, as the case may be, by any amount previously charged or credited Zale, as the case may be, as Merchant Fees or other fees in respect of any amount included in a Chargeback. If Bank has previously paid Zale the amount which was the subject of the Chargeback, Zale shall repa...
Chargeback Rights. TDFS agrees that it will bear any and all credit losses sustained on Credit Card Accounts, except that TDFS may chargeback to Merchant any transaction that TDFS reasonably deems to be the result of unresolved customer disputes, improper sales floor procedures, or a breach of Merchant’s representations and warranties under this Agreement (“Chargeback”), including when one or more of the following occur:
(a) The Cardholder disputes the charge and TDFS determines that the Cardholder’s dispute is valid after providing Merchant an opportunity to respond to the dispute;
(b) The Cardholder refuses to pay for a charge because the Cardholder is not satisfied with goods or services purchased from Merchant, including when the Cardholder asserts that obligations under an Extended Warranty have not been satisfied; provided any such dispute described in this Section 6(b) must constitute a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of TDFS, after providing Merchant an opportunity to respond to the dispute;
(c) The Cardholder disputes the execution of the Sales Slip, or the sale, delivery, quality, or performance of the goods or services provided such dispute constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of TDFS, after providing Merchant an opportunity to respond to the dispute;
(d) The Cardholder asserts that he or she did not authorize the transaction represented by the Sales Slip or did not authorize the transaction in the amount shown on the Sales Slip and Merchant and TDFS are unable to validate the transaction Slip and Merchant and TDFS are unable to validate the transaction; for purposes of clarification, in instances where less than the full amount of the transaction is in dispute, TDFS shall chargeback only the amount that is in dispute;
(e) For a sale at Merchant’s location, any disputed or fraudulent charge when the Merchant did not follow the card not present procedures;
(f) The Sales Slip or Application is not received, or is not completed to TDFS’s reasonable satisfaction as required by set policy;
(g) The Sales Slip is a duplicate of a transaction previously paid;
(h) The price of the goods or services shown on the Sales Slip differs from the amount shown on the receipt delivered to the Cardholder at the time of the transaction; for purposes of clarification, in instances where less than the full amount of the transaction is in dispute, TDFS shall chargeback only th...
Chargeback Rights. (i) To the extent specified in Schedule 3.11(a), attached hereto, Bank may process a Chargeback to Zale for the amount of a Card Sale or an Account balance, or the disputed portion thereof, as applicable; provided, however, Bank will not have the right to process such Chargeback more than twelve (12) months after the applicable Card Sale (plus the period of any Special Credit Plan applicable to such Card Sale that provides for deferral of principal payments), except in the case of confirmed involvement in an act or acts of fraud by any Zale employee. Solely with respect to Chargebacks related to the Big Ticket Recourse Program or the 60/40 Program, Bank agrees to process any such Chargeback when an Account with respect to either of the foregoing Accounts becomes one hundred fifty (150) days