Common use of Bank’s Right to Charge Back Clause in Contracts

Bank’s Right to Charge Back. Bank shall have the right to charge back to NMG the amount of any Cardholder Indebtedness, including Cardholder Indebtedness incurred prior to the Effective Date with respect to Purchased Accounts, relating to NMG Charge Transaction Data if with respect to the related NMG Transaction: (a) The Cardholder refuses to pay the charge based on a dispute regarding the quality or delivery of NMG Goods and Services representing a valid defense to payment consistent with Applicable Law; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMG, after consultation with Bank; (b) The Cardholder refuses to pay the charge based on a claim of unauthorized use of the NMG Credit Card at a Retail Merchant; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMG, after consultation with Bank; (c) The charge was not for a bona fide sale or delivery of NMG Goods and Services by or through a NMG Channel; (d) The charge slip is a duplicate of a charge slip previously paid; (e) The price of NMG Goods and Services shown on the charge slip differs from the amount shown on the Cardholder’s copy of the charge slip; (f) The charge or Account arose from fraud of any employee or agent in a Retail Merchant; or (g) The Cardholder refuses to pay the charge based on a dispute regarding accuracy of the material NMG Charge Transaction Data or the charge slip is illegible with respect to such NMG Charge Transaction Data or is missing information in any material respect.

Bank’s Right to Charge Back. Bank shall have the right to charge back to NMG the amount of any Cardholder Indebtedness, including Cardholder Indebtedness incurred prior to the Effective Date with respect to Purchased Accounts, relating to NMG Charge Transaction Data if with respect to the related NMG Transaction: (a) The Cardholder refuses to pay the charge based on a dispute regarding the quality or delivery of NMG Goods and Services representing a valid defense to payment consistent with Applicable Law; , provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in n the reasonable opinion of NMG, after consultation with Bank; (b) The Cardholder refuses to pay the charge based on a claim of unauthorized use of the NMG Credit Card at a Retail Merchant; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMG, after consultation with Bank; (c) The charge was not for a bona fide sale or delivery of NMG Goods and Services by or through a NMG Channel; (d) The charge sales slip is a duplicate of a charge slip previously paid; (e) The price of NMG Goods and Services shown on the charge slip differs from the amount shown on the Cardholder’s copy of the charge sales slip; (f) The charge or Account arose from fraud of any employee or agent in a Retail Merchant; (g) NMG fails to provide Bank with a copy of the applicable sales slip; (h) NMG fails to provide Bank with a properly signed sales slip; (i) NMG fails to provide Bank with a copy of the applicable delivery invoice; (j) NMG fails to obtain proper identification from the Cardholder at the time of the Application; (k) NMG ships merchandise to a Cardholder at a previously unused address; (l) The charge or Account arose from fraud of any employee or agent in a NMG call center; (m) The charge or Account arose from the unauthorized removal of information from an NMG store or owned facility. (n) The charge or Account arose from the unauthorized removal of information from an NMG computer systems; or (go) The NMG ships merchandise to a Cardholder refuses after receiving the Cardholder’s request to pay the charge based on a dispute regarding accuracy of the material NMG Charge Transaction Data or the charge slip is illegible with respect to cease such NMG Charge Transaction Data or is missing information in any material respectshipment.

Bank’s Right to Charge Back. Bank shall have the right to charge back to NMG Pier 1 the amount of any Cardholder Indebtedness, including Cardholder Indebtedness incurred prior to the Effective Closing Date with respect to Purchased Accounts, relating to NMG Pier 1 Charge Transaction Data if with respect to the related NMG Pier 1 Transaction: (a) The Cardholder refuses to pay the charge based on a dispute regarding the quality quality, timely delivery, or delivery non-receipt of NMG Pier 1 Goods and Services representing a valid defense to payment consistent with Applicable Law; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMGBank, after consultation with BankPier 1; (b) The Cardholder refuses to pay the charge based on a claim of unauthorized use of the NMG Pier 1 Credit Card at a Retail Merchant; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMGBank, after consultation with BankPier 1; (c) The charge was not for a bona fide sale or delivery of NMG Pier 1 Goods and Services by or through a NMG Pier 1 Channel; (d) The charge slip is a duplicate of a charge slip previously paid; (e) The price of NMG Pier 1 Goods and Services shown on the charge slip differs from the amount shown on the Cardholder’s copy of the charge slip, but only to the extent of such difference; (f) The charge or Account arose from fraud of any employee or agent in a Retail Merchant; or (g) The Cardholder refuses to pay the charge based on a dispute regarding accuracy of the material NMG Pier 1 Charge Transaction Data or the charge slip is illegible with respect to such NMG Pier 1 Charge Transaction Data or is missing information in any material respect.

Bank’s Right to Charge Back. Bank shall have the right to charge back to NMG Pier 1 the amount of any Cardholder Indebtedness, including Cardholder Indebtedness incurred prior to the Effective Date with respect to Purchased Accounts, relating to NMG Pier 1 Charge Transaction Data if with respect to the related NMG Pier 1 Transaction: (a) The Cardholder refuses to pay the charge based on a dispute regarding the quality quality, timely delivery, or delivery non-receipt of NMG Pier 1 Goods and Services representing a valid defense to payment consistent with Applicable Law; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMGBank, after consultation with BankPier 1; (b) The Cardholder refuses to pay the charge based on a claim of unauthorized use of the NMG Pier 1 Credit Card at a Retail Merchant; provided that any such refusal constitutes a bona fide claim presented by the Cardholder in good faith in the reasonable opinion of NMGBank, after consultation with BankPier 1; (c) The charge was not for a bona fide sale or delivery of NMG Pier 1 Goods and Services by or through a NMG Pier 1 Channel; (d) The charge slip is a duplicate of a charge slip previously paid; (e) The price of NMG Pier 1 Goods and Services shown on the charge slip differs from the amount shown on the Cardholder’s 's copy of the charge slip, but only to the extent of such difference; (f) The charge or Account arose from fraud of any employee or agent in a Retail Merchant; or (g) The Cardholder refuses to pay the charge based on a dispute regarding accuracy of the material NMG Pier 1 Charge Transaction Data or the charge slip is illegible with respect to such NMG Pier 1 Charge Transaction Data or is missing information in any material respect.