Automated Check Processing. You acknowledge that we process checks predominantly by automated means and we are under no duty to examine each item presented for payment. You agree that such automated check payment procedure is commercially reasonable. You and we, pursuant to applicable law, therefore, agree that we shall be deemed to have exercised ordinary care if we adhere to a general industry standard of manual or mechanical examination of a random sampling of items being processed for payment. These items may represent a sampling or selection of items drawn on all accounts, or items which meet certain minimum criteria established by us for manual or mechanical inspection (such as large dollar amounts). We shall be deemed to have acted in good faith and in accordance with reasonable commercial standards in paying any items forged or altered such that the unauthorized signature, endorsement, or alteration could not be detected by a reasonable person. Under certain circumstances, checks you write against your Account may be submitted for payment to us by the payee as one-time electronic ACH debits, using information from such checks (including your Account number, our routing number, and other information). In such circumstances, we would not receive your checks for processing and would instead receive an ACH debit transaction initiated by a third party (and without your signature) for processing.
Automated Check Processing. You understand and agree that we use automated means to process checks and other items deposited to your account. This means that we do not manually inspect every item to determine if the item is properly completed, signed and endorsed or to determine if it contains any information other than what is encoded in the Magnetic Ink Character Recognition (MICR) line at the bottom of the check or item which contains your account number, amount of check and check number. Although we may manually review checks or other items drawn on your account, you understand and agree reasonable commercial standards do not require us to do so. If we return a check because we believe it does not match your signature on file with us, we are not liable to you even if you authorized the check. If the numeric amount on a check does not match the amount written out in words, we may select either one when paying it. We have no duty to prevent a check from being presented more than once. Our use of automated means to process checks and other items prevents us from inspecting or looking for special instructions or conditions on checks (e.g., “Void after 6 months,” “Void over $50,” “Payment in Full,” and the like), whether on the front or back, in any form or format. For this reason, we have no duty to discover, observe or comply with such checks. If you cash or deposit an item or write a check with such notation, you agree that it applies only between you and the payee or maker. If we pay a conditional check or item, the conditions do not apply to us. You authorize us to accept and pay any check without regard to the date of the check. You understand that post-dating a check will have no effect on whether or not it is honored prior to or after the date of any such check. In addition, we are under no obligation to pay a check which is presented more than six (6) months after its date (a stale-dated check). We are not required to identify post-dated or stale-dated checks or get your permission to pay them. We may pay or refuse to pay any post-dated or stale-dated check or other item presented for payment on your account without any liability.
Automated Check Processing. The Bank receives checks in great volume. This volume, combined with compliance with expedited funds availability laws, require the Bank to use automated check processing procedures. This means that most checks are processed on the basis of the MICR (Magnetic Ink Character Recognition) line printed along the bottom edge of the check, and are not individually examined for dates, maker signatures, legends or endorsements. You agree that this is the customary practice for commercial banks located in the State of Alaska. You further agree that the practice of such banks is the standard to be used in determining reasonable commercial banking practices.
Automated Check Processing. The Bank receives checks in great volume. This volume, combined with compliance with expedited funds availability laws, require the Bank to use automated check processing procedures. This means that most checks are processed on the basis of the MICR (Magnetic Ink Character Recognition) line printed along the bottom edge of the check, and are not individually examined for dates, maker signatures, legends or endorsement. You agree that this is the customary practice for commercial banks located in the State of Alaska. You further agree that the practice of such banks is the standard to be used in determining reasonable commercial banking practices. Any attempt to reserve rights or sign or endorse an item with restrictive language such as “without prejudice” or “under protest” is ineffective against the Bank and will not affect the negotiability of an item presented for payment. Should you use any restrictive language on any item, you agree to indemnify, defend, and hold the Bank harmless from any claims by third parties, whether or not suit is initiated. You are responsible for all losses, claims, damages, and expenses that result from a restrictive legend or endorsement on your checks at the time we receive them for payment. Legal Process and Set off Against your Account. The Bank will comply with any notice of garnishment, attachment, levy, injunction, or other legal process relating to your account that appears to be valid. The Bank will not be liable to you for any sums it may be required to pay because of such legal process, and the Bank may refuse to pay or release any amounts from your account until an appropriate court has settled any issues with respect to the legal process. If the Bank incurs any expenses in responding to legal process which are not otherwise reimbursed, including without limitation reasonable attorneys’ fees and costs, it may charge such expenses to your account. Any legal process against your account may be subject to the Bank’s security interest and right of setoff. In the event of any legal process or exercise of the Bank’s right of setoff, the Bank will not be responsible for determining ownership or rights to the funds in a joint account and may treat all funds in such account as being owned exclusively by the party subject to the legal process or setoff. The Bank will assess a service fee against your account for any legal process served on us regardless of whether the process is subsequently released. Payment of Interest. W...
