Merchant Representations Sample Clauses
Merchant Representations. You represent that (a) you have the full power and authority to sell the products and services you offer and to display the advertisements you use; (b) no products or services offered by you constitute a violation of any applicable law and you will not accept a Card for any illegal transaction; (c) you will prominently and unequivocally inform each Cardholder of your identity at all points of the interaction between the Cardholder and you so that the Cardholder can readily distinguish you from any other party such as a supplier of goods or services to you; (d) the products and services offered by you and the name of your business do not infringe upon the rights of any other person, including, without limitation, trademark, copyright, confidentiality or patent rights; and (e) you will not sell, market or display any products or services that would jeopardize the Bank’s reputation.
(a) the transaction represents obligations of the Cardholder for the amounts in the transaction (including tax, but without any surcharge except for a surcharge, if any, that is authorized by the Rules) and only for merchandise actually sold or rented or services actually rendered by you (except for any delayed delivery or advance deposit authorized by the Rules and this Agreement) and does not involve any element of credit for any other purpose, (b) the transaction represents a bona fide sale/rental of merchandise and/or services not previously submitted and, except as otherwise provided in the Rules, does not represent a refinancing of any prior obligation (including any obligation otherwise owed to you by a Cardholder, or arising from the dishonor of a personal check), (c) the price charged for the transaction is not subject to any dispute, setoff or counterclaim, (d) the transaction does not result from any transaction outside of your normal course of business, as described in the Application, and (e) you have no knowledge or notice of any fact, circumstances or defense which would indicate that the transaction was fraudulent or not authorized by the Cardholder or which would otherwise impair the validity or collectibility of the Cardholder’s obligation or relieve the Cardholder from liability for the transaction.
Merchant Representations. Warranties 27 and Covenants 11.2 Agent Representations, Warranties and Covenants 34 Section 12. Insurance 35 12.1 Merchant's Liability Insurance 35 12.2 Merchant's Casualty Insurance 36 12.3 Agent's Insurance 37 12.4 Worker's Compensation Insurance 37 12.5 Risk of Loss 38 Section 13. Indemnification 39 13.1 Merchant Indemnification 39 13.2 Agent Indemnification 40 Section 14. Defaults 41 Section 15. Sale of FF&E 41 Section 16. Miscellaneous 42 16.1 Notices 42 16.2 Governing Law; Consent to Jurisdiction 42 16.3 Termination 43 16.4 Entire Agreement 43 16.5 Amendments 44
Merchant Representations. Warranties and Covenants 11.2 Agent Representations, Warranties and Covenants
Merchant Representations. Merchant makes the following representations, which shall survive the termination of this agreement:
4. a. That each contract is genuine, valid and legally enforceable in accordance with its terms;
Merchant Representations. Warranties And Covenants..............................................26 11.2
Merchant Representations. Merchant represents and warrants to Purchaser that: Officer, or manager of Merchant and will directly benefit from Purchaser and Merchant entering into the Agreement.
Merchant Representations. Merchant represents and warrants to Purchaser that:
a. Officer, or manager of Merchant and will directly benefit from Purchaser and Merchant entering into the Agreement.
b. It understands and acknowledges that Purchaser is not willing to enter into the Agreement unless Merchant irrevocably, absolutely and unconditionally guarantees prompt and complete performance of any and all liabilities, obligations, covenants or agreements of Merchant under this Agreement, now or hereafter arising from, out of or relating to this Agreement, whether direct, indirect, contingent or otherwise (hereinafter referred to collectively as the “Merchant Obligations”).