Common use of Exercise of Chargebacks Clause in Contracts

Exercise of Chargebacks. With respect to any amounts to be charged back pursuant to Section 3.8, Bank will offset such amount as part of the Net Proceeds to be paid to Company, to the extent the balance thereof is sufficient or, if such balance is not sufficient, Bank may demand payment from Company in immediately available funds for the full or any partial amount of such chargeback. Upon payment in full of the related amount by Company to Bank, or off-setting, as the case may be, Bank shall transfer to Company, without any representation, warranty or recourse, all of Bank’s right to payments of such amounts charged back in connection with such Purchase. Bank will exercise commercially reasonable efforts to cooperate with Company in any efforts by Company to collect the chargeback amount. Bank will provide Company reasonable supporting documentation relating to such chargeback. Bank may reduce the amount owed by a Cardholder on any Purchase subject to chargeback, but the related chargeback shall then be equal to the reduced (or net) amount owed by the Cardholder. Company shall not resubmit or re-transmit any charged back Purchase to Bank, without Bank’s prior written consent.

Appears in 3 contracts

Samples: Private Label Credit Card Plan Agreement (Charming Shoppes Inc), Private Label Credit Card Plan Agreement (Charming Shoppes Inc), Private Label Credit Card Plan Agreement (Charming Shoppes Inc)

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Exercise of Chargebacks. With respect to any amounts to be charged back pursuant to this Section 3.820, Bank will offset such amount as part of the Net Proceeds to be paid to CompanyDealer/Contractor, to the extent the balance thereof is sufficient or, if such balance is not sufficient, or Bank may demand payment from Company Dealer/Contractor in immediately available funds for the full or any partial amount of such chargeback. Upon payment in full of the related amount by Company Dealer/Contractor to Bank, or off-setting, as the case may be, Bank shall transfer to CompanyDealer/Contractor, without any representation, warranty or recourse, all of Bank’s right to payments of such amounts charged back in connection with such Purchase. Bank will exercise commercially reasonable efforts to cooperate with Company Dealer/Contractor in any efforts by Company Dealer/Contractor to collect the chargeback amount. Bank will provide Company reasonable supporting documentation relating to such chargeback. Bank may reduce the amount owed by a Cardholder an Accountholder on any Purchase subject to chargeback, but the related chargeback shall then be equal to the reduced (or net) amount owed by the CardholderAccountholder. Company Dealer/Contractor shall not resubmit or re-transmit any charged back Purchase to Bank, without Bank’s prior written consent.

Appears in 2 contracts

Samples: www.email.kohler.com, www.email.kohler.com

Exercise of Chargebacks. With respect to any amounts to be charged back pursuant to this Section 3.820, Bank will offset such amount as part of the Net Proceeds to be paid to CompanyDealer, to the extent the balance thereof is sufficient or, if such balance is not sufficient, or Bank may demand payment from Company Dealer in immediately available funds for the full or any partial amount of such chargeback. Upon payment in full of the related amount by Company Dealer to Bank, or off-setting, as the case may be, Bank shall transfer to CompanyDealer, without any representation, warranty or recourse, all of Bank’s right to payments of such amounts charged back in connection with such Purchase. Bank will exercise commercially reasonable efforts to cooperate with Company Dealer in any efforts by Company Dealer to collect the chargeback amount. Bank will provide Company reasonable supporting documentation relating to such chargeback. Bank may reduce the amount owed by a Cardholder an Accountholder on any Purchase subject to chargeback, but the related chargeback shall then be equal to the reduced (or net) amount owed by the CardholderAccountholder. Company Dealer shall not resubmit or re-transmit any charged back Purchase to Bank, without Bank’s prior written consent.

Appears in 1 contract

Samples: Kohler Private Label Credit Account

Exercise of Chargebacks. With respect to any amounts to be charged back pursuant to Section 3.83.9, Bank will offset such amount as part of the Net Proceeds to be paid to CompanyAMO, to the extent the balance thereof is sufficient or, if such balance is not sufficient, or Bank may demand payment from Company AMO in immediately available funds for the full or any partial amount of such chargeback. Upon payment in full of the related amount by Company AMO to Bank, or off-setting, as the case may be, Bank shall transfer to CompanyAMO, without any representation, warranty or recourse, all of Bank’s right to payments of such amounts charged back in connection with such Purchase. Bank will exercise commercially reasonable efforts to cooperate with Company AMO in any efforts by Company AMO to collect the chargeback amount. Bank will provide Company reasonable supporting documentation relating to such chargeback. Bank may reduce the amount owed by a Cardholder on any Purchase subject to chargeback, but the related chargeback shall then be equal to the reduced (or net) amount owed by the Cardholder. Company AMO shall not resubmit or re-transmit any charged back Purchase to Bank, without Bank’s prior written consent.. 3.11

Appears in 1 contract

Samples: Plan Agreement

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Exercise of Chargebacks. With respect to any amounts to be charged back pursuant to Section 3.83.9, Bank will offset such amount as part of the Net Proceeds to be paid to CompanyAMO, to the extent the balance thereof is sufficient or, if such balance is not sufficient, or Bank may demand payment from Company AMO in immediately available funds for the full or any partial amount of such chargeback. Upon payment in full of the related amount by Company AMO to Bank, or off-setting, as the case may be, Bank shall transfer to CompanyAMO, without any representation, warranty or recourse, all of Bank’s right to payments of such amounts charged back in connection with such Purchase. Bank will exercise commercially reasonable efforts to cooperate with Company AMO in any efforts by Company AMO to collect the chargeback amount. Bank will provide Company reasonable supporting documentation relating to such chargeback. Bank may reduce the amount owed by a Cardholder on any Purchase subject to chargeback, but the related chargeback shall then be equal to the reduced (or net) amount owed by the Cardholder. Company AMO shall not resubmit or re-transmit any charged back Purchase to Bank, without Bank’s prior written consent.

Appears in 1 contract

Samples: Private Label Credit Card Plan Agreement (Charming Shoppes Inc)

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