Common use of Merchant Representations Clause in Contracts

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.