Common use of WARRANTIES BY MERCHANT Clause in Contracts

WARRANTIES BY MERCHANT. Merchant warrants and agrees to fully comply with all federal, state, and local laws, rules and regulations, as amended from time to time, including those with respect to customer protection. Merchant also warrants not to change the nature of its business as indicated on the Application or to modify the ownership of the business without the prior written consent of SPS-EFT. With each transaction presented to SPS-EFT by Merchant for authorization, Merchant specifically warrants and represents that: (a) each customer has authorized the debiting or crediting of its checking account; (b) that each debit or credit is for an amount agreed to by the customer; (c) each debit or credit entry was authorized by the person named on the checking account or the authorized representative or agent of such person; (d) the sales receipt is valid in form and has been completed in accordance with all applicable laws and all of the provisions set forth in this Agreement; (e) the total amount of each sales receipt evidences all goods and services purchased in a single transaction (No splitting check transactions to multiple checks); (f) Merchant has delivered the goods or completed the services identified in the authorized sales receipt draft; (g) each sales draft represents a bona fide direct sales transaction, in the ordinary course of Merchant’s business, between the Merchant and the person presenting the check; (g) the person presenting the check has no claim, defense, right of offset, or dispute against Merchant in connection with the purchase of the goods or services and Merchant will provide adequate services to the person presenting the check and will honor all warranties applicable thereto; (h) Merchant has not charged any separate or additional fee(s) in connection with the transaction other than as may be required by law (the foregoing shall not prohibit Merchant from extending discounts to customers paying by cash or by any means other than electronic check processing); (i) all of Merchant’s business locations engage in the business activities listed on the Application; (j) neither Merchant, nor any of its employees, have submitted checks drawn from their personal checking accounts on the Merchant’s Equipment; (k) Merchant uses only the name and address shown on the front of the Agreement on all its sales drafts; (l) Merchant has not submitted duplicates of any transaction; (m) the banking information for the check on the printed sales receipt is correct; and (n) no transaction submitted for authorization to SPS-EFT is with or through an entity other than Merchant.

WARRANTIES BY MERCHANT. Merchant warrants and agrees to fully comply with all federal, state, and local laws, rules and regulations, as amended from time to time, including those with respect to customer protection. Merchant also warrants not to change the nature of its business as indicated on the Application or to modify the ownership of the business without the prior written consent of SPS-EFTGETI. With each transaction presented to SPS-EFT GETI by Merchant for authorization, Merchant specifically warrants and represents that: (a) each customer has authorized the debiting or crediting of its checking account; (b) that each debit or credit is for an amount agreed to by the customer; (c) each debit or credit entry was authorized by the person named on the checking account or the authorized representative or agent of such person; (d) the sales receipt is valid in form and has been completed in accordance with all applicable laws and all of the provisions set forth in this Agreement; (e) the total amount of each sales receipt evidences all goods and services purchased in a single transaction (No splitting check transactions to multiple checks); (f) Merchant has delivered the goods or completed the services identified in the authorized sales receipt draft; (g) each sales draft represents a bona fide direct sales transaction, in the ordinary course of Merchant’s business, between the Merchant and the person presenting the check; (g) the person presenting the check has no claim, defense, right of offset, or dispute against Merchant in connection with the purchase of the goods or services and Merchant will provide adequate services to the person presenting the check and will honor all warranties applicable thereto; (h) Merchant has not charged any separate or additional fee(s) in connection with the transaction other than as may be required by law (the foregoing shall not prohibit Merchant from extending discounts to customers paying by cash or by any means other than electronic check processing); (i) all of Merchant’s business locations engage in the business activities listed on the Application; (j) neither Merchant, nor any of its employees, have submitted checks drawn from their personal checking accounts on the Merchant’s Equipment; (k) Merchant uses only the name and address shown on the front of the Agreement on all its sales drafts; (l) Merchant has not submitted duplicates of any transaction; (m) the banking information for the check on the printed sales receipt is correct; and (n) no transaction submitted for authorization to SPS-EFT GETI is with or through an entity other than Merchant.

WARRANTIES BY MERCHANT. Merchant MERCHANT warrants and agrees to fully comply with all federal, state, and local laws, rules and regulations, as amended from time to time, including those with respect to customer consumer protection. Merchant MERCHANT also warrants not to change the nature of its business as indicated on the Application attached hereto and submitted herewith or to modify the ownership of the business without the prior written consent of SPS-EFTGETI. With each transaction presented to SPS-EFT GETI by Merchant MERCHANT for authorization, Merchant MERCHANT specifically warrants and represents that: (a) each customer has authorized the debiting or crediting of its checking account; (b) , that each debit or credit is for an amount agreed to by the customer; (cb) each debit or credit entry was authorized by the person named on the checking account or the authorized representative or agent of such person; (dc) the sales receipt is valid in form and has been completed in accordance with all applicable laws and all of the provisions set forth in this Agreement; (ed) the total amount of each sales receipt evidences all goods and services purchased in a single transaction (No splitting check transactions to multiple checks); (fe) Merchant MERCHANT has delivered the goods or completed the services identified in the authorized sales receipt draft; (gf) each sales draft represents a bona fide direct sales transaction, in the ordinary course of Merchant’s business, transaction between the Merchant MERCHANT and the person presenting the checkcheck in the MERCHANT’S ordinary course of business and that the amount of the sales draft evidences the customer’s total indebtedness for the transaction involved; (g) the person presenting the check has no claim, defense, right of offset, or dispute against Merchant MERCHANT in connection with the purchase of the goods or services and Merchant MERCHANT will provide adequate services to the person presenting the check and will honor all warranties applicable thereto; (h) Merchant MERCHANT has not charged any separate or additional fee(s) in connection with the transaction other than as may be required by law (the law. The foregoing shall not prohibit Merchant MERCHANT from extending discounts to customers paying by cash or by any means other than electronic check processing); (i) all of Merchant’s MERCHANT’S business locations engage in the business activities activity listed on the Applicationface of this Agreement; (j) neither MerchantMERCHANT warrants that ALL types of its business are clearly and precisely stated on this application; (k) the percentage of mail order sales listed by MERCHANT for each location is consistent with the information provided in the application; (l) MERCHANT, nor any of its employees, employees have submitted checks drawn from their personal checking accounts on the MerchantMERCHANT’s EquipmentMICR reader/check scanner; (km) Merchant MERCHANT uses only the name and address shown on the front of the Agreement on all its sales drafts; (ln) Merchant MERCHANT has not submitted duplicates of any transaction; (mo) the MERCHANT warrants that check banking information for the check on the printed sales receipt is correct; and (np) no transaction submitted for authorization to SPS-EFT GETI is with or through an entity other than MerchantMERCHANT; MERCHANT further acknowledges that if for any reason funds are credited to MERCHANT in excess of the amount that MERCHANT is entitled to receive under this Agreement, MERCHANT shall return all such excess funds to GETI upon demand by GETI. Such excess funds may be collected by GETI by a debit to MERCHANT’S designated account initiated by GETI as provided in this Agreement. If for any reason such account does not have sufficient funds, then MERCHANT shall promptly remit the excess funds to GETI. Until the return of such funds to GETI, MERCHANT acknowledges that it shall hold all such funds in trust for the benefit of GETI.

WARRANTIES BY MERCHANT. Merchant MERCHANT warrants and agrees to fully comply with all federal, state, and local laws, rules and regulations, as amended from time to time, including those with respect to customer consumer protection. Merchant MERCHANT also warrants not to change the nature of its business as indicated on the Application attached hereto and submitted herewith or to modify the ownership of the business without the prior written consent of SPSPaya-EFT. With each transaction presented to SPSPaya-EFT by Merchant MERCHANT for authorization, Merchant MERCHANT specifically warrants and represents that: (a) each customer has authorized the debiting or crediting of its checking account; (b) , that each debit or credit is for an amount agreed to by the customer; (cb) each debit or credit entry was authorized by the person named on the checking account or the authorized representative or agent of such person; (dc) the sales receipt or other proof of purchase is valid in form and has been completed in accordance with all applicable laws and all of the provisions set forth in this ACH Agreement; (ed) the total amount of each sales receipt or other proof of purchase evidences all goods and services purchased in a single transaction (No splitting check transactions to multiple checkschecks as applicable); (fe) Merchant MERCHANT has delivered the goods or completed the services identified in the authorized sales receipt draftreceipt; (gf) each sales draft and check represents a bona fide direct sales transaction, in the ordinary course of Merchant’s business, transaction between the Merchant MERCHANT and the person presenting the checkcheck or ACH Debit in the MERCHANT’S ordinary course of business and that the amount of the sales draft or check evidences the customer’s total indebtedness for the transaction involved; (g) the person presenting the check or ACH Debit has no claim, defense, right of offset, or dispute against Merchant MERCHANT in connection with the purchase of the goods or services and Merchant MERCHANT will provide adequate services to the person presenting the check or ACH Debit and will honor all warranties applicable thereto; and (h) Merchant has not charged any separate or additional fee(s) in connection with the transaction other than as may be required by law (the foregoing shall not prohibit Merchant from extending discounts to customers paying by cash or by any means other than electronic check processing); (i) all of Merchant’s MERCHANT’S business locations engage in the business activities activity listed on the Application; (j) neither Merchant, nor any face of its employees, have submitted checks drawn from their personal checking accounts on the Merchant’s Equipment; (k) Merchant uses only the name and address shown on the front of the Agreement on all its sales drafts; (l) Merchant has not submitted duplicates of any transaction; (m) the banking information for the check on the printed sales receipt is correct; and (n) no transaction submitted for authorization to SPS-EFT is with or through an entity other than Merchantthis ACH Agreement.