Common use of Future Delivery Clause in Contracts

Future Delivery. (a) Merchant will not present for processing, whether by electronic means or otherwise, any Sales Draft or other memorandum, to Bank representing a payment, partial payment, or deposit for goods or services to be delivered in the future, without the prior written consent of Bank. Such consent will be subject to Bank’s final approval. (b) The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed a breach of this Agreement and may result in immediate termination in addition to any other remedies available under the Laws or Rules. (c) If Bank has given such consent, Merchant represents and warrants to Bank that Merchant will not rely on any proceeds or credit resulting from such Transactions to purchase or furnish goods or services. Merchant will maintain sufficient working capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Sales Drafts or other memoranda taken in connection with future delivery Transactions. (d) If Merchant has obtained prior written consent, Merchant will complete such Card Transactions in accordance with the terms set forth in this Agreement, the Rules, and the Laws. Cardholders must execute one Sales Draft when making a deposit with a Card and a second Sales Draft when paying the balance. Merchant will note upon the Sales Draft the words “deposit” or “balance” as appropriate. Merchant will not deposit the Sales Draft labeled “balance” until the goods have been delivered to Cardholder or Merchant has fully performed the services.

Appears in 6 contracts

Samples: Merchant Processing Agreement, Merchant Processing Agreement, Merchant Processing Agreement Terms and Conditions

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Future Delivery. (a) Merchant will not present for processing, whether by electronic means or otherwise, any Sales Draft Draft, or other memorandum, to Bank Service Provider representing a payment, partial payment, payment or deposit for goods or services to be delivered in the future, without the prior written consent of BankService Provider. Such consent will be subject to BankService Provider’s final approval. (b) The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed a breach of this Agreement and may result in cause for immediate termination in addition to any other remedies available under the Laws law or Rules. (c) If Bank Service Provider has given such consent, Merchant represents and warrants warrant to Bank Service Provider that Merchant will not rely on any proceeds or credit resulting from such Transactions transactions to purchase or furnish goods or services. Merchant will maintain sufficient working capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Sales Drafts sales drafts or other memoranda taken in connection with future delivery Transactionstransactions. (d) If Merchant has obtained prior written consent, Merchant will complete such Card Transactions transactions in accordance with the terms set forth in this Agreement, the Rules, and the Laws. Cardholders must execute one Sales Draft when making a deposit with a Card and a second Sales Draft when paying the balance. Merchant will note upon the Sales Draft the words “deposit” or “balance” as appropriate. Merchant will not deposit the Sales Draft labeled “balance” until the goods have been delivered to Cardholder or Merchant has fully performed the services.

Appears in 3 contracts

Samples: Merchant Agreement, Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement Terms and Conditions

Future Delivery. (a) Merchant will not present for processing, whether by electronic means or otherwise, any Sales Draft or other memorandum, to Bank representing a payment, partial payment, or deposit for goods or services to be delivered in the future, without the prior written consent of Bank. Such consent will be subject to Bank’s final approval. (b) The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed a breach of this Agreement and may result in immediate termination in addition to any other remedies available under the Laws or Rules. (c) If Bank has given such consent, Merchant represents and warrants to Bank that Merchant will not rely on any proceeds or credit resulting from such Transactions to purchase or furnish goods or services. Merchant will maintain sufficient working capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Sales Drafts or other memoranda taken in connection with future delivery Transactions. (d) If Merchant Xxxxxxxx has obtained prior written consent, Merchant will complete such Card Transactions in accordance with the terms set forth in this Agreement, the Rules, and the Laws. Cardholders must execute one Sales Draft when making a deposit with a Card and a second Sales Draft when paying the balance. Merchant will note upon the Sales Draft the words “deposit” or “balance” as appropriate. Merchant will not deposit the Sales Draft labeled “balance” until the goods have been delivered to Cardholder or Merchant has fully performed the services.

Appears in 2 contracts

Samples: Merchant Processing Agreement Terms and Conditions, Merchant Processing Agreement

Future Delivery. (a) Merchant will not present for processing, whether by electronic means or otherwise, any Sales Draft Draft, or other memorandum, to Bank representing a payment, partial payment, payment or deposit for goods or services to be delivered in the future, without the prior written consent of Bank. Such consent will be subject to Bank’s final approval. (b) The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed a breach of this Agreement and may result in cause for immediate termination in addition to any other remedies available under the Laws law or Rules. (c) If Bank has given such consent, Merchant represents and warrants warrant to Bank that Merchant will not rely on any proceeds or credit resulting from such Transactions transactions to purchase or furnish goods or services. Merchant will maintain sufficient working capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Sales Drafts sales drafts or other memoranda taken in connection with future delivery Transactionstransactions. (d) If Merchant has obtained prior written consent, Merchant will complete such Card Transactions transactions in accordance with the terms set forth in this Agreement, the Rules, and the Laws. Cardholders must execute one Sales Draft when making a deposit with a Card and a second Sales Draft when paying the balance. Merchant will note upon the Sales Draft the words “deposit” or “balance” as appropriate. Merchant will not deposit the Sales Draft labeled “balance” until the goods have been delivered to Cardholder or Merchant has fully performed the services.

Appears in 1 contract

Samples: Merchant Processing Agreement Terms and Conditions

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Future Delivery. (a) Merchant will not present for processing, whether by electronic means or otherwise, any Sales Draft or other memorandum, to Bank representing a payment, partial payment, or deposit for goods or services to be delivered in the future, without the prior written consent of Bank. Such consent will be subject to Bank’s final approval. (b) The acceptance of a Card for payment or partial payment of goods or services to be delivered in the future without prior consent will be deemed a breach of this Agreement and may result in immediate termination in addition to any other remedies available under the Laws or Rules. (c) If Bank has given such consent, Merchant represents and warrants to Bank that Merchant will not rely on any proceeds or credit resulting from such Transactions to purchase or furnish goods or services. Merchant will maintain sufficient working capital to provide for the delivery of goods or services at the agreed upon future date, independent of any credit or proceeds resulting from Sales Drafts or other memoranda memorandum taken in connection with future delivery Transactions. (d) If Merchant has obtained prior written consent, Merchant will complete such Card Transactions in accordance with the terms set forth in this Agreement, the Rules, and the Laws. Cardholders must execute one Sales Draft when making a deposit with a Card and a second Sales Draft when paying the balance. Merchant will note upon the Sales Draft the words “deposit” or “balance” as appropriate. Merchant will not deposit the Sales Draft labeled “balance” until the goods have been delivered to Cardholder or Merchant has fully performed the services.

Appears in 1 contract

Samples: Merchant Processing Agreement

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