Common use of DEPOSIT OF ITEMS Clause in Contracts

DEPOSIT OF ITEMS. 1. Handling of Items. We act only as a collecting agent for any items deposited. Any deposit that we accept will be provisional and will be subject to subsequent payment verification. Just because we have made funds from a deposited check or other item available for withdrawal does not mean that the item is “good,” has “cleared,” or has been paid by the paying bank. It is possible that a deposited item will be returned unpaid months after we have made the funds available to you and you have withdrawn the funds. You are responsible for all items returned on your Account, and you acknowledge that no one, including our employees, can guarantee that a check or other item you deposit will not be returned. We are not responsible for any deposit or other transaction initiated by mail until the item or order is actually received. We will not be responsible for any deposit or other transaction made through the use of our night depository or any other unattended facility until the item or items are actually removed from the depository or facility by our personnel. We will not be responsible for any deposit or other transaction during the course of delivery to us by any courier or other third party until the items or orders are actually received by our personnel. We have the right to endorse all checks payable to you for deposit into your Account. We will not be liable for the negligence of any correspondent bank or institution nor for any loss incurred in transit when items are forwarded to correspondents. We will not be liable for any delay as a result of any interruption of communication facilities or any other circumstances beyond our control. You agree to bear the risk of any change in the exchange rate with respect to any items that may be payable in foreign currency. You agree that we may charge back any item before payment, without notice, whether the item has been returned. You agree that, if a check that has been deposited to your Account or cashed by you at the Credit Union is subsequently returned based upon a breach or alleged breach of any transfer warranty, presentment warranty, or otherwise, we may charge back the amount of any such item to your Account at any time without notice. You agree that we may resubmit an item that has been returned to us for payment, and you waive notice that an item has been dishonored or charged back against your Account. You also agree that, if we are charged a fee by any other institution or incur an expense in connection with any of your Accounts, that fee or expense may be charged to your Account. Requesting a hold on any deposit will not alter or release you from your responsibilities for that item. An item can be returned unpaid for up to three years for fraud or forgery. Acceptance of your deposit does not guarantee collectability.

Appears in 3 contracts

Samples: Account Agreement, Account Agreement, Account Agreement

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DEPOSIT OF ITEMS. 1. Handling of Items. We act only as a collecting agent for You may make deposits to your account using any items deposited. Any deposit that we accept will be provisional and will be subject to subsequent payment verification. Just because we have made funds method available from a deposited check or other item available for withdrawal does not mean that the item is “good,” has “cleared,” or has been paid by the paying bank. It is possible that a deposited item will be returned unpaid months after we have made the funds available to you and you have withdrawn the funds. You are responsible for all items returned on your Account, and you acknowledge that no oneus, including our employeesdeposits made in person, can guarantee that a check or other item you deposit will not be returned. We are not responsible for any deposit or other transaction initiated by mail until the item or order is actually received. We will not be responsible for any deposit or other transaction made through the use of our night depository or any other unattended facility until the item or items are actually removed from the depository or facility by our personnel. We will not be responsible for any deposit or other transaction during the course of delivery to us by any courier or other third party until the items or orders are actually received by our personnelelectronic means. We have the right to endorse all checks payable refuse to accept any check or instrument for deposit at our sole discretion. All deposits are subject to proof and verification. If you deposit a check, draft or other non-cash item, we have the right to clear it before we make the money available to you for deposit into your Accountsubject to applicable law and regulations. We will not be liable for the negligence of any correspondent bank or institution nor for any loss incurred in transit when items are forwarded to correspondents. We will not be liable for any delay as If we feel there is a result of any interruption of communication facilities or any other circumstances beyond our control. You agree to bear the risk of any change in the exchange rate with respect to any items that may be payable in foreign currency. You agree that we may charge back any item before payment, without notice, whether the item has been returned. You agree that, if a check that has been deposited to your Account or cashed by you at the Credit Union is subsequently returned based upon a breach or alleged breach of any transfer warranty, presentment warranty, or otherwisereason, we may charge back refuse, limit or return any deposit. We specifically reserve the right to refuse to accept checks for any purpose that have more than one endorsement; However, we generally will not refuse to accept such a deposit if all of the endorsers are original payees on the check and all are owners of the account into which the deposit is being made. We reserve the right not to pay interest or dividends on amounts subject to garnishment, levy or other legal process; and we reserve the right not to pay interest or dividends on the amount of any such item to your Account at any time without notice. You agree that we may resubmit an deposited item that has been is returned to us unpaid by the financial institution on which it is drawn (even if that means a reversal of credited interest or dividends. If you deposit an item and it is returned unpaid, we will debit your account for paymentthe amount of the item and charge you a fee. You will be liable to us for the amount of any item you deposit which is returned unpaid, and you waive notice that an item has been dishonored or charged back against your Account. You also agree thatin addition, if we are charged a fee by any other institution or incur an expense in connection with will be responsible for any of our costs and expenses incurred in the collection of such returned item from you, including actual attorneys’ fees. Subject to our Funds Availability Policy, you may not be able to withdraw funds from your Accountsaccount until we have received final settlement for any items deposited. If you make a deposit on a Sunday, that fee a holiday, or expense may after our predetermined cut-off hour on business days, the deposit will be charged credited to your Account. Requesting a hold on any deposit will not alter or release you from your responsibilities for that item. An item can be returned unpaid for up to three years for fraud or forgery. Acceptance account as of your deposit does not guarantee collectabilitythe next business day.

Appears in 2 contracts

Samples: Transfer Agreement, Transfer Agreement

DEPOSIT OF ITEMS. 1You may make deposits in person, by mail or by any other method we make available. Handling of Items. We act only as a collecting agent for any items deposited. Any deposit that we accept will be provisional and will be subject to subsequent payment verification. Just because we have made funds from a deposited check or other item available for withdrawal does not mean that the item is “good,” has “cleared,” or has been paid by the paying bank. It is possible that a deposited item will be returned unpaid months after we have made the funds available to you and you have withdrawn the funds. You are responsible All depositors for all items returned on types of savings and transaction accounts (other than Statement Savings) may make deposits at ATMs. To make a deposit in person, you will scan your Account, Passcard and you acknowledge that no one, including our employees, can guarantee that a check or other item you deposit will not be returnedmay use your personal identification number (“PIN”). We are not responsible for any deposit deposits made by mail, night depository or other transaction initiated by mail outside depository until we actually record the item receipt of those deposits in our books and records. You are responsible for reconstruction and proof of loss of any items, including checks and negotiable instruments included in deposits that are lost or order is actually receivedstolen in transit before we have received and accepted the deposit. You also agree to fully cooperate and assist in the reconstruction of any items, including checks and other negotiable instruments included in the deposits that are lost or stolen after we have received and accepted the deposit. We reserve the right to limit, refuse or return any deposit. All deposits must be of, or denominated in, United States currency. We will not be responsible for any accept foreign currency deposits, and except in our discretion, we will not accept deposit of checks or other transaction made through types of transactions drawn on for- eign banks. If, in our discretion, we accept a deposit of a check or other item drawn on a foreign bank, we will accept it only for collection. If we discover an error in any deposit, we may make correcting entries and notify you of the use of correction. There is no time limit within which we may make such a correction. You agree that you will not deposit, without our night depository prior written consent, imaged checks or any other unattended facility until items, such as “substitute checks", as defined by federal law, or image replacement documents that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an item, you agree to xxxx- xxxxx us for losses, costs and expenses we may incur associated with warranty or indemnity claims. If you deposit an item to your account that lacks an endorsement we may, or may be deemed to, endorse the item on your behalf. With respect to any such item, our rights and your liabilities shall be determined as though you actually endorsed and deposited the item. Further, any item deposited to your account that bears your stamped or items are actually removed from the depository facsimile endorsement will be deemed to bear your actual endorsement, whether such endorse- ment was affixed by you or facility by our personnelsomeone having no author- ity to supply your endorsement. We will not be responsible for any deposit may require that certain government checks, insurance company items or other transaction during special types of checks be personally endorsed by each of the course of delivery to us by any courier or other third party until the items or orders are actually received by our personnel. We have the right to endorse all checks payable to you for deposit into your Account. We will not be liable for the negligence of any correspondent bank or institution nor for any loss incurred in transit when items are forwarded to correspondents. We will not be liable for any delay as a result of any interruption of communication facilities or any other circumstances beyond our controlpayees. You agree to bear reimburse us for any loss or expense, including without limitation attorneys’ fees and the risk costs of any change in litigation, arbitration or other dispute resolution to the exchange rate with respect extent provided by law, that we incur because you fail to any items that may be payable in foreign currencyendorse an item exactly as it is drawn. You agree understand that we may charge back any item before paymentmay, without noticein our sole discretion, whether the item has been returned. You agree that, if a check that has been rede- posit checks deposited to your Account account and returned for various reasons for collection. We will have no liability for resubmitting or cashed by you at the Credit Union is subsequently returned based upon a breach or alleged breach of any transfer warranty, presentment warranty, or otherwise, we may charge back the amount of any such item failing to your Account at any time resubmit these checks without notice. You agree that we may resubmit an item that has been returned notice to us for payment, and you waive notice that an item has been dishonored or charged back against your Account. You also agree that, if we are charged a fee by any other institution or incur an expense in connection with any of your Accounts, that fee or expense may be charged to your Account. Requesting a hold on any deposit will not alter or release you from your responsibilities for that item. An item can be returned unpaid for up to three years for fraud or forgery. Acceptance of your deposit does not guarantee collectabilityyou.

Appears in 1 contract

Samples: capfed.com

DEPOSIT OF ITEMS. 1a. Once your account is opened, you may make deposits in person, by mail or by any other method the Bank makes available, such as its automated teller machines. Handling of ItemsThe Bank reserves the right to limit, refuse or return any item you attempt to cash or submit for deposit or collection (including, without limitation, items that have been endorsed more than once). We act only You are required, unless special arrangements are made with the Bank, to use your personalized deposit slips in order to help the Bank credit deposits to your account as a collecting agent soon as possible and to minimize errors. If you do not use your personalized deposit slips, you agree that the Bank will not be liable to you for any items depositederrors resulting from your use of a counter deposit slip, whether completed by you or a Bank employee. Any deposit that we accept will be provisional and will be All deposits are accepted subject to subsequent payment verification. Just because we have You should retain your copy of the receipt and any other documents which evidence your deposit. If you claim that a deposit was not properly credited to your account, the Bank may ask you to show your receipt. The Bank is not responsible for deposits made funds from a deposited check by mail, night depository or other item available for withdrawal does not mean that outside depository until the item is “good,” has “cleared,” or has been paid by Bank actually records the paying bank. It is possible that a deposited item will be returned unpaid months after we have made the funds available to you receipt of those deposits in its books and you have withdrawn the fundsrecords. You are responsible for all reconstruction and proof of loss of any items returned on your Accountincluded in deposits which are lost or stolen in transit before the Bank has received and accepted the deposit. Further, you agree to fully cooperate and assist in the reconstruction and proof of loss of any items included in deposits that are lost or stolen in transit after b. the Bank has received and accepted the deposit. The Bank's records will be conclusive proof of the receipt or non-receipt of a deposit. You should not mail cash deposits. If you acknowledge that no one, including our employees, can guarantee that a check or other item you deposit will not be returned. We are not responsible for any deposit or other transaction initiated by mail until the item or order is actually received. We will not be responsible for any deposit or other transaction made through the use of our night depository or any other unattended facility until the item or items are actually removed from the depository or facility by our personnel. We will not be responsible for any deposit or other transaction during the course of delivery to us by any courier or other third party until the items or orders are actually received by our personnel. We have the right fail to endorse all checks payable an item that you submit for deposit, the Bank has the right, but is not obligated, to you for deposit into your Accountsupply the missing endorsement. We will not The Bank may require that items with more than one payee be liable for personally endorsed by each of the negligence of any correspondent bank or institution nor for any loss incurred in transit when items are forwarded to correspondents. We will not be liable for any delay as a result of any interruption of communication facilities or any other circumstances beyond our controlpayees. You agree to bear reimburse the risk Bank for any loss or expense, including without limitation reasonable attorneys' fees and the costs of litigation, arbitration or other dispute resolution to the extent permitted by law, that the Bank incurs because you fail to endorse an item exactly as it is drawn or if any endorsement is not contained in the first one and one- half inch (1 ½ in.) area on the back of the item at the end of the item where the words "pay to the order of" appear on the front of the item. Deposits may be made in person or at one of the Bank's branches during posted business hours. If the Bank receives an item on a weekend, holiday or after the Bank's cutoff hour on a business day, the item is deemed to have been received on the Bank's next business day. The Bank's business days and cutoff hour are posted at the Bank's offices and are subject to change from time to time at the Bank's discretion. Except to the extent additional notice is required by law, any change in the exchange rate with respect to any items that may be payable in foreign currency. You agree that we may charge back any item before payment, without notice, whether Bank's business days or cutoff hour becomes effective on the item has been returned. You agree that, if a check that has been deposited to your Account day the new business days or cashed by you cutoff hour are posted at the Credit Union is subsequently returned based upon a breach or alleged breach of any transfer warranty, presentment warranty, or otherwise, we may charge back the amount of any such item to your Account at any time without notice. You agree that we may resubmit an item that has been returned to us for payment, and you waive notice that an item has been dishonored or charged back against your Account. You also agree that, if we are charged a fee by any other institution or incur an expense in connection with any of your Accounts, that fee or expense may be charged to your Account. Requesting a hold on any deposit will not alter or release you from your responsibilities for that item. An item can be returned unpaid for up to three years for fraud or forgery. Acceptance of your deposit does not guarantee collectabilityBank's offices.

Appears in 1 contract

Samples: www.suttonbank.com

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DEPOSIT OF ITEMS. 1You may make deposits by using Globaling’s Mobile Application (“Mobile App”) in-app mobile deposit feature, by receiving transfers from third parties, or by any other method we make available, such as over-the-counter deposits facilitated through third party vendors. Handling The Funds Availability Policy provided to you sets forth our policies relating to the availability of Itemsdeposited funds. We act only as a collecting agent for any items deposited. Any deposit that we do not accept will be provisional and will be subject to subsequent payment verification. Just because we have made funds from a deposited check or other item available for withdrawal does not mean that the item is “good,” has “cleared,” or has been paid by the paying bank. It is possible that a deposited item will be returned unpaid months after we have made the funds available to you and you have withdrawn the funds. You are responsible for all items returned on your Account, and you acknowledge that no one, including our employees, can guarantee that a check or other item you deposit will not be returned. We are not responsible for any deposit or other transaction initiated deposits by mail until the item or order is actually received. We will not be responsible for any deposit or other transaction made through the use of our night depository or any other unattended facility until the item or items are actually removed from the depository or facility by our personnelmethod except as described herein. We will not be responsible for any deposit or other transaction during the course of delivery to us by any courier or other third party until the items or orders are actually received by our personnel. We have reserve the right to endorse all checks payable to you for deposit into your Accountlimit, refuse or return any deposit. We will not All deposits must be liable for the negligence of any correspondent bank of, or institution nor for any loss incurred in transit when items are forwarded to correspondents. We will not be liable for any delay as a result of any interruption of communication facilities or any other circumstances beyond our control. You agree to bear the risk of any change in the exchange rate with respect to any items that may be payable in foreign denominated in, United States currency. You agree that you will not deposit, without our prior written consent, “substitute checks,” as defined by federal law, or Image Replacement Documents that purport to be substitute checks and have not been previously endorsed by a bank. If you deposit such an item, you agree to reimburse us for losses, costs and expenses we may charge back any item before paymentincur associated with warranty or indemnity claims. If you provide us with an electronic representation of a substitute check for deposit into your account instead of an original check, without noticeyou agree to reimburse us for losses, costs and expenses we incur because the substitute check resulting from the electronic representation does not meet applicable substitute check standards and/or causes duplicated payments. You authorize us to accept transfers, checks and other items for deposit to your account if they are made payable to you or to your order, whether the item has been returnedor not they are endorsed by you. You may only deposit checks that are made payable to you or your order directly. You authorize us to supply missing endorsements, and you warrant that all endorsements are genuine and without prejudice and guarantee any lack of endorsement. You agree thatnot to endorse any deposited item with the restrictive covenant “without recourse” or words with similar meaning. All endorsements must appear on the back of the check or other item within the first one- and one-half inches from the left side of the item when looking at it from the front. Further, if a check that has been any item deposited to your Account account that bears your stamped or cashed facsimile endorsement will be deemed to bear your actual endorsement whether such endorsement was affixed by you at or by someone having no authority to supply your endorsement. We do not accept checks payable to multiple parties for deposit. We reserve the Credit Union right to refuse any item for deposit into your account. Any variation of a payee name, which, in our sole discretion, would reasonably indicate that you are intended to be the payee, shall be acceptable. You represent and warrant to us your entitlement to any check you deposit, that it is subsequently returned based upon a breach properly endorsed or alleged breach that you guarantee any lack of any transfer warrantyendorsement, presentment warranty, and we are authorized to accept such check or otherwise, we may charge back the amount of any such item to instrument for deposit and collection into your Account at any time without noticeaccount. You agree to reimburse us for any loss or expense, including, without limitation, attorneys’ fees and the costs of litigation, arbitration or other dispute resolution to the extent provided by law, that we may resubmit incur because you fail to endorse an item that has been returned to us for payment, and you waive notice that exactly as it is drawn. If we receive an item has on a day that is not a business day or after our cutoff hour on a business day, the item is deemed to have been dishonored or charged back against your Accountreceived on our next business day. You also agree thatWe do not accept money orders for deposit. The following rules apply to checks deposited using Globaling’s in-app mobile deposit feature: When you deposit a check using Globaling’s in-app mobile check deposit feature, if we are charged a fee by any other institution or incur an expense you must (i) endorse the check in connection with any of your Accounts, that fee or expense may be charged the same manner in which it was made payable to your Account. Requesting a hold on any deposit will not alter or release you from your responsibilities for that item. An item can be returned unpaid for up to three years for fraud or forgery. Acceptance of your deposit does not guarantee collectability.and

Appears in 1 contract

Samples: Deposit Account Agreement

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