Common use of Unauthorised transactions Clause in Contracts

Unauthorised transactions. 9.01 The Cardholder agrees to carefully examine each Monthly Card Statement of the Card Account and report to the Bank within sixty (60) days from the date of the Monthly Card Statement any error or Unauthorised Transaction which has been recorded, and promptly thereafter confirm the same in writing,describing the error or Unauthorised Transaction, providing any documentary evidence and explaining the error or why the Transaction is believed to be unauthorised. If the Cardholder fails to comply with the said sixty (60) days' stipulation then the Bank reserves the right to regard that the Monthly Card Statement as final and conclusive except in circumstances where:- (a) the Unauthorised Transaction arises from forgery or fraud by any third party including any employee, agent or servant of the Cardholder and in relation to which the Bank has failed to exercise reasonable care and skill; (b) the Unauthorised Transaction arise from forgery or fraud by any employee, agent or servant of the Bank; or (c) the Unauthorised Transactions arise from the default or negligence on the part of the Bank or any of its employees, agents or servants. 9.02 In the event that an error or Unauthorised Transaction is reported by Cardholder, the Bank agrees, save and except in circumstances which are beyond its control, to complete an investigation within ninety (90) days upon receipt of the Cardholder's first report. 9.03 Where a Cardholder reports an error or Unauthorised Transaction before a Payment Due Date, the Cardholder shall have the right to withhold payment of the disputed amount during the investigation period. The Bank agrees not to impose any Finance Charge on such disputed amount while the error or Unauthorised Transaction is under investigation and furthermore agrees not to provide any adverse credit report against the Cardholder to any third party. If as a result of the investigation the error or Unauthorised Transaction reported by Cardholder subsequently proves to be unfounded then the Bank reserves the right to re-impose a Finance Charge on the disputed amount over the full period from the date of the Transaction until conclusion of the investigation. 9.04 If the investigation reveals that an error or Unauthorised Transaction has taken place then the Bank shall promptly make all relevant corrections and deliver a correction notice to the Cardholder and the subsequent Monthly Card Statement shall be amended to the intent that the error or Unauthorised Transaction shall be deleted. If no error or Unauthorised Transaction has occurred then the Bank agrees to provide the Cardholder with a report and furnish where available, copies of any documentary evidence in support.

Appears in 4 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Unauthorised transactions. 9.01 The Cardholder agrees to carefully examine each Monthly Card Statement of the Card Account and report to the Bank within sixty (60) days from the date of the Monthly Card Statement any error or Unauthorised Transaction which has been recorded, and promptly thereafter confirm the same in writing,describing the error or Unauthorised Transaction, providing any documentary evidence and explaining the error or why the Transaction is believed to be unauthorised. If the Cardholder fails to comply with the said sixty (60) days' stipulation then the Bank reserves the right to regard that the Monthly Card Statement as final and conclusive except in circumstances where:- (a) the Unauthorised Transaction arises from forgery or fraud by any third party including any employee, agent or servant of the Cardholder and in relation to which the Bank has failed to exercise reasonable care and skill; (b) the Unauthorised Transaction arise from forgery or fraud by any employee, agent or servant of the Bank; or (c) the Unauthorised Transactions arise from the default or negligence on the part of the Bank or any of its employees, agents or servants. 9.02 In the event that an error or Unauthorised Transaction is reported by Cardholder, the Bank agrees, save and except in circumstances which are beyond its control, to complete an investigation within ninety (90) days upon receipt of the Cardholder's first report. 9.03 Where a Cardholder reports an error or Unauthorised Transaction before a Payment Due Date, the Cardholder shall have the right to withhold payment of the disputed amount during the investigation period. The Bank agrees not to impose any Finance Charge on such disputed amount while the error or Unauthorised Transaction is under investigation and furthermore agrees not to provide any adverse credit report against the Cardholder to any third party. If as a result of the investigation the error or Unauthorised Transaction reported by Cardholder subsequently proves to be unfounded then the Bank reserves the right to re-impose a Finance Charge on the disputed amount over the full period from including the date of the Transaction until conclusion of the investigationinvestigation period. 9.04 If the investigation reveals that an error or Unauthorised Transaction has taken place then the Bank shall promptly make all relevant corrections and deliver a correction notice to the Cardholder and the subsequent Monthly Card Statement shall be amended to the intent that the error or Unauthorised Transaction shall be deleted. If no error or Unauthorised Transaction has occurred then the Bank agrees to provide the Cardholder with a report and furnish where available, copies of any documentary evidence in support.

Appears in 3 contracts

Sources: Cardholder Agreement, Cardholder Agreement, Cardholder Agreement

Unauthorised transactions. 9.01 The Cardholder agrees to carefully examine each Monthly Card Statement of the Card Account and report to the Bank within sixty (60) days from the date of the Monthly Card Statement any error or Unauthorised Transaction which has been recorded, and promptly thereafter confirm the same in writing,describing the error or Unauthorised Transaction, providing any documentary evidence and explaining the error or why the Transaction is believed to be unauthorised. If the Cardholder fails to comply with the said sixty (60) days' stipulation then the Bank reserves the right to regard that the Monthly Card Statement as final and conclusive except in circumstances where:-Card (a) the Unauthorised Transaction arises from forgery or fraud by any third party including any employee, agent or servant of the Cardholder and in relation to which the Bank has failed to exercise reasonable care and skill; (b) the Unauthorised Transaction arise from forgery or fraud by any employee, agent or servant of the Bank; or (c) the Unauthorised Transactions arise from the default or negligence on the part of the Bank or any of its employees, agents or servants. 9.02 In the event that an error or Unauthorised Transaction is reported by Cardholder, the Bank agrees, save and except in circumstances which are beyond its control, to complete an investigation within ninety (90) days upon receipt of the Cardholder's first report. 9.03 Where a Cardholder reports an error or Unauthorised Transaction before a Payment Due Date, the Cardholder shall have the right to withhold payment of the disputed amount during the investigation period. The Bank agrees not to impose any Finance Charge on such disputed amount while the error or Unauthorised Transaction is under investigation and furthermore agrees not to provide any adverse credit report against the Cardholder to any third party. If as a result of the investigation the error or Unauthorised Transaction reported by Cardholder subsequently proves to be unfounded then the Bank reserves the right to re-impose a Finance Charge on the disputed amount over the full period from including the date of the Transaction until conclusion of the investigationinvestigation period. 9.04 If the investigation reveals that an error or Unauthorised Transaction has taken place then the Bank shall promptly make all relevant corrections and deliver a correction notice to the Cardholder and the subsequent Monthly Card Statement shall be amended to the intent that the error or Unauthorised Transaction shall be deleted. If no error or Unauthorised Transaction has occurred then the Bank agrees to provide the Cardholder with a report and furnish where available, copies of any documentary evidence in support.

Appears in 1 contract

Sources: Cardholder Agreement