Common use of Multiple Transaction Records; Partial Consideration Clause in Contracts

Multiple Transaction Records; Partial Consideration. The Merchant may not prepare more than one Sales Draft for a single sale or for a single item. Merchants will include all items of goods and services purchased in a single Transaction in the total amount on a single Sales Draft except under the following circumstances: (a) for purchases in separate departments of multiple department stores; (b) for partial payment, installment payment, delayed delivery, or an advance deposit; or (c) for delayed or amended charges governed by rules for travel and entertainment merchants and Transactions (taxes, gasoline, parking and traffic fines, insurance premiums, hospice and food, and beverages are acceptable Transactions). The Transactions under these circumstances must be completed within 90 days. 10. Telephone Orders, Mail Orders, Internet, Preauthorized Orders, and Installment Orders. Unless Bank has approved the Merchant to accept mail, internet, or telephone orders, the Merchant warrants that it is a walk-in trade business locat- ed in a retail business place where the public moves in and out freely to purchase merchandise or obtain services. If Bank determines Merchant has accepted unapproved Card Transactions that are placed by telephone, generated through telephone solicitation, mail order, or other means that do not create a Sales Draft that bears Cardholder’s signature, this Agreement will be immediately terminated, and the value of all Sales Drafts collected from the first day of processing may be charged back to the merchant and all funds therefrom held as provided in Section D. Unless approved by Bank, this Agreement does not contemplate regular acceptance of Cards for sales accepted by mail, internet or telephone nor through preauthorized orders. If an occasional Card Transaction is made by mail, phone, or preauthorized order, the Sales Draft may be completed without the Cardholder’s signature, but in such case Merchant will create a sales slip containing Cardholder data, an Authorization number, the sale amount and the letters “MO: for mail order, “TO” for telephone order or “PO” for preauthorized order, as appropriate for each approved PO, Merchant must reaffirm all annual ▇▇▇▇▇▇▇▇ at least once each year or upon request by Bank. Merchants shall not deliver goods or perform services covered by a PO after receiving notification from the Cardholder that the preauthorization is canceled or from Bank that the Card covering the preauthorization is not to be honored. ▇▇▇▇▇▇▇▇ agrees its receipt of an Authorization will not relieve Merchant of liability for Chargeback on any Transaction for which ▇▇▇▇▇▇▇▇ did not obtain an Imprint or the Cardholder’s signature.

Appears in 1 contract

Sources: Merchant Services Agreement

Multiple Transaction Records; Partial Consideration. The (a) Merchant may not prepare more than one Sales Draft for a single sale or for a single item. Merchants will shall include all items of goods and services purchased in a single Transaction transaction in the one total amount on a single Sales Draft transaction record, except under in the following circumstances: instances: (ai) for the transaction involves purchases made in separate departments of multiple a multi-department stores; store; (bii) for partial payment, installment payment, delayed delivery, or an advance deposit; or (c) for the transaction involves delayed or amended charges governed by rules for travel and entertainment merchants and Transactions a lodging, cruise line, or vehicle rental transaction in which: (A) the cardholder consented in writing to be liable for such charges; (B) such charges consist of ancillary or corrected charges such as room charges, food or beverage charges, mileage charges, fuel charges, insurance fees, rental fees, taxes, gasoline, or parking and or other traffic fines, insurance premiums, hospice and foodtickets, and beverages are acceptable Transactions). The Transactions under these circumstances must be completed within 90 days. 10. Telephone Ordersdo not consist of charges for loss, Mail Orders, Internet, Preauthorized Orders, and Installment Orders. Unless Bank has approved the Merchant to accept mail, internettheft, or telephone ordersdamage; and (C) Merchant sends the cardholder a copy of the amended or add-on sales draft; (iii) the transaction involves the purchase of multiple items billed individually to the same account (for example, the Merchant warrants that it is a walk-in trade business locat- ed in a retail business place where the public moves in and out freely to purchase merchandise or obtain services. If Bank determines Merchant has accepted unapproved Card Transactions that are placed by telephoneairline, generated through telephone solicitation, mail orderpassenger railway, or other means that do not create cruise line tickets purchased by one person but issued to different passengers) if separate authorizations are obtained for each item; (iv) the cardholder pays a Sales Draft that bears Cardholder’s signature, this Agreement will portion of the transaction amount in cash or by check at the time of the transaction; (v) all or a portion of the goods or services are to be immediately terminateddelivered or performed at a later date, and the value cardholder signs two separate sales slips, one of all Sales Drafts collected from which represents a deposit and the first day second of processing may be charged back to which represents payment of the merchant balance, and all funds therefrom held as provided the “balance” sales slip is completed only upon delivery of the goods or performance of the services; in Section D. Unless approved by Bank, this Agreement does not contemplate regular acceptance of Cards for sales accepted by mail, internet or telephone nor through preauthorized orders. If an occasional Card Transaction is made by mail, phone, or preauthorized order, the Sales Draft may be completed without the Cardholder’s signature, but in such which case Merchant will create a agrees: (A) to note on the sales slips the words “Delayed Delivery” and the word “deposit” or “balance,” as appropriate; (B) if the total amount of the two slips exceeds the applicable floor limit, to obtain authorization and note the authorization number(s) and date(s) on the sales slips; and (C) not to present the “balance” sales slip containing Cardholder data, until all the goods are delivered or all the services are performed, (vi) the cardholder is participating in an Authorization number, advance lodging or cruise line deposit transaction; or (vii) the sale amount and the letters “MO: for mail order, “TO” for telephone order cardholder is using an installment payment option offered in accordance with Section 1.08. (b) Merchant agrees not to divide a single transaction between two or “PO” for preauthorized order, as appropriate for each approved PO, Merchant must reaffirm all annual ▇▇▇▇▇▇▇▇ at least once each year or upon request by Bank. Merchants shall not deliver goods or perform services covered more transaction records originated by a PO after receiving notification from the Cardholder that the preauthorization is canceled or from Bank that the single Card covering the preauthorization is not to be honored. ▇▇▇▇▇▇▇▇ agrees its receipt of avoid obtaining an Authorization will not relieve Merchant of liability for Chargeback on any Transaction for which ▇▇▇▇▇▇▇▇ did not obtain an Imprint or the Cardholder’s signatureautho- rization.

Appears in 1 contract

Sources: Merchant Agreement