Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) for deposit or collection as your collection agent, we assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practices. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds transfer system rules, and contractual arrangements with other financial institutions. All deposited items are provisionally credited to your account subject to final payment and our receipt of proceeds. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable State. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, or should not have been paid for some other reason, we may debit your account for the amount of the item, even if doing so results in an overdraft in the account.
Appears in 3 contracts
Samples: Disclosure and Agreement, Disclosure and Agreement, Disclosure and Agreement
Collection of Items. Even though we may credit your account Account immediately when you make a deposit, if we agree to accept receive any item (other than United States currency) for deposit or collection as your collection agent, and we reserve the right to refuse any item for deposit or to reverse credit for any deposited items or to charge your Account for items should they become lost in the collection process. We assume no responsibility beyond the exercise of due care care, and we may handle the collection of any such item in accordance with our usual practices. Special instructions We will not be liable for handling an item are effective only if made default or negligence of our correspondents or for loss in a signed writing transit, and given to us along with the item in questioneach correspondent will not be liable except for its own negligence. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds fund transfer system rules, and contractual arrangements with other financial institutions. If an item is lost in processing, we have the right to charge your Account for the lost item immediately or after an investigation. All deposited items are provisionally credited to your account Account and subject to final payment and our receipt of proceedsproceeds by us. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) Account at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means)not, and we may also charge back any item to your account Account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously returned or dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable Stateitems. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channelsus, we may accept that return and charge the check or other item back against your account Account without regard to whether when the bank on which the check item was drawn returned the check before its midnight deadlinereturned, even if doing so results in an overdraft in the accountAccount. Furthermore, if, after a check or other an item deposited into your account Account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, unauthorized or should not have been paid for some other reason, we may debit your account Account for the amount of the item, even if doing so depletes all funds in the Account or results in an overdraft in the accountAccount.
Appears in 2 contracts
Samples: Deposit Account Agreement, Deposit Account Agreement
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) for deposit or collection as your collection agent, we assume no responsibility beyond the exercise of due ordinary care and we may handle the collection of any such item in accordance with our usual practices. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds transfer system rules, and contractual arrangements with other financial institutions. All deposited items are provisionally credited to your account subject to final payment and our receipt of proceeds. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable Statestate. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, unauthorized or should not have been paid for some other reason, we may debit your account for the amount of the item, even if doing so results in an overdraft in the account.
Appears in 2 contracts
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) In receiving items for deposit or collection collection, we act as your collection agent, we agent and assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practicesordinary care. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. We will not be liable for default or negligence of our correspondent banks or for loss in transit, and each correspondent bank will only be liable for its own negligence. You are responsible for reconstruction and proof of loss of any items, including checks and other negotiable instruments, included in deposits that are lost or stolen in transit before we have received and accepted the deposit. Further, you agree to fully cooperate and assist in the reconstruction of any items, including checks and other negotiable instruments, included in deposits that are lost or stolen in transit after we have received and accepted the deposit. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulationsregulations and operating circulars, clearing house association Clearing House Association or funds transfer system Funds Transfer System rules, and contractual arrangements with other financial institutions. All deposited items (including those drawn on another account at the Bank) are provisionally credited to your account subject to final payment and our receipt of cash proceeds. If you deposit foreign currency or items that are denominated in a foreign currency into your U.S. Dollar account, the final credit to your U.S. Dollar account will be based on the exchange rate in effect at the time we receive final payment for that item. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means)not, and we may also charge back any item to your account if, within the normal handling period for such item, drawn on us if the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously dishonored items anditems, and in so doing, doing we may permit the drawee payor bank to hold an item beyond the “midnight deadline,” as defined by . In the Uniform Commercial Code as adopted by event of any conflict between the applicable Stateterms of this Agreement and the terms of any lockbox service description, the terms of such lockbox service description shall govern. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, forged unauthorized, or should not have been paid for some other reason, we may debit your account for the amount of the item. If you have insufficient funds in your account to cover a returned item, even if doing so results we may overdraw your account in accordance with this Agreement in an overdraft amount equal to such check or other item. You agree to reimburse us for any costs or expenses we incur in connection with any such claim (including, without limitation, attorneys’ reasonable fees and court costs) and agree that we may impose service fees against your account for processing any such claim as reflected in the schedule of fees upon which you and we have mutually agreed in writing. The foregoing sentence shall only apply to claims which you in good faith agree are valid, or in which the bank on which the check is drawn, any collecting or intermediary bank, the drawer, any holder, or the payee is the prevailing party in a litigation or arbitration and the time for appeal, if any, has expired. At your request, we agree that we will attempt to dispute by reasonably available means any return items or warranty claims against us on account of items deposited or credited to your account; provided we shall not be liable to you for our failure to dispute such return item or warranty claim unless such failure directly causes a loss to you. Further, our obligation to dispute any return items or warranty claims shall be limited to taking actions specifically authorized by regulations or clearing house rules (such as returning an item “without entry”) and we shall have no obligation to file any lawsuit or take any action which we deem to be unreasonable or impractical.
Appears in 2 contracts
Samples: Deposit Agreement, Deposit Agreement (Prudential Variable Contract Account Gi-2)
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) for deposit or collection as your collection agent, we assume no responsibility beyond the exercise of due ordinary care and we may handle the collection of any such item in accordance with our usual practices. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds transfer system rules, and contractual arrangements with other financial institutionsinstitutions or financial services providers. All deposited items are provisionally credited to your account subject to final payment and our receipt of proceeds. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable Statestate. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, unauthorized or should not have been paid for some other reason, we may debit your account for the amount of the item, even if doing so results in an overdraft in the account.
Appears in 2 contracts
Samples: www.capfed.com, www.capfed.com
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept receive any item (other than United States currency) for deposit or collection as your collection agent, and we reserve the right to refuse any item for deposit or to reverse credit for any deposited items or to charge your account for items should they become lost in the collection process. We assume no responsibility beyond the exercise of due care care, and we may handle the collection of any such item in accordance with our usual practices. Special instructions We will not be liable for handling an item are effective only if made default or negligence of our correspondents or for loss in a signed writing transit, and given to us along with the item in questioneach correspondent will not be liable except for its own negligence. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association Clearing House Association or funds fund transfer system rules, and contractual arrangements with other financial institutions. If an item is lost in processing, we have the right to charge your account for the lost item immediately or after an investigation. All deposited items are provisionally credited to your account and subject to final payment and our receipt of proceedsproceeds by us. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable State. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, or should not have been paid for some other reason, we may debit your account for the amount of the item, even if doing so depletes all funds in the account or results in an overdraft in the account.
Appears in 1 contract
Samples: Deposit Account Agreement
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) In receiving items for deposit or collection collection, the Bank acts as your collection agent, we assume agent and assumes no responsibility beyond the exercise of due care ordinary care. All items are credited to your account subject to final payment to and we may handle receipt of proceeds by the collection Bank. The Bank will not be liable for the default or negligence of any such item its correspondents or for loss in accordance with our usual practices. Special instructions transit, and each correspondent will not be liable, except for handling an item are effective only if made in a signed writing and given to us along with the item in questionits own negligence. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds transfer system and clearinghouse rules, and contractual arrangements with other financial institutions. All deposited items are provisionally credited to your account subject to final payment and our receipt of proceeds. Without prior notice to you, we the Bank may charge back against your account any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means)not, and we may also charge back any item to your account drawn on it, if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized You authorize the Bank to pursue collection of previously dishonored items anditems, and in so doing, the Bank may permit the drawee payor bank to hold an item beyond the “midnight deadline,” as defined by . Non-U.S. Dollar Items. We reserve the Uniform Commercial Code as adopted by the applicable Stateright to refuse acceptance of or send for collection items and currency presented in non- U.S. dollars. If any check or other item deposited in we agree to accept such items, you agree to accept all risk associated with fluctuations of the value of foreign currency and with late return of the items. You further agree that we may use our most currency buying and selling rate as applicable and may recover from your account is returned any loss we incur due to processing the item. We reserve the right to place longer holds on non-U.S. dollar items than the times specified in our Funds Availability Policy. Checks. We will attempt to assist you in cashing your checks. However, as cashing checks drawn against another financial institution exposes us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channelsto risk of non-payment, we may accept require that return and charge you deposit the check and have a hold placed according to our Funds Availability Policy, or other that the item back against your account without regard be sent on collection. We also reserve the right to whether refuse the bank on which item. You warrant that the check was drawn returned the check before its midnight deadlinechecks and items you present for deposit and collection are properly signed, even if doing so results in an overdraft in the accountauthorized and enforceable. Furthermore, if, after If we cash a check or other item deposited into your account is finally paid, and it is returned to us by the bank on which it was drawn because someone has made a claim unpaid, you agree that the check or other item was altered, forged, unauthorized, or should not have been paid for some other reason, we may debit your account for deduct the amount of the item, even if doing so results in an overdraft in the check and any associated fee from your account.
Appears in 1 contract
Samples: Deposit Account Agreement
Collection of Items. Even though we may credit your account immediately when you make a When receiving items for deposit, if we agree to accept any item (other than United States currency) for deposit or collection act as your collection agent, we agent and assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practicesordinary care. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. We will not be liable for default or negligence of our correspondent banks or loss in transit and each correspondent bank will only be liable for its own negligence. You are responsible for reconstruction and proof of loss of any items, including checks and other negotiable instruments, included in deposits which are lost or stolen in transit before we have received and accepted the deposit. Further, you agree to fully cooperate and assist in the reconstruction and proof of loss of any items, including checks and other negotiable instruments, included in deposits that are lost or stolen in transit after we have received and accepted the deposit. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulationsregulations and operating circulars, clearing house association Clearinghouse Association or funds transfer system rules, Funds Transfer Systems rules and contractual arrangements with other financial institutions. All deposited items (including those drawn on another account at the Credit Union) are provisionally credited to your account subject to final payment and our receipt of proceeds. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned drawn on your account, us if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. If you have insufficient funds in your account to cover a returned item, we may overdraw your account in accordance with this Agreement. We are authorized to pursue collection of previously dishonored items anditems, and in so doing, we may permit the drawee payer bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable State. At our discretion, you authorize us to convert any checks that you deposit into your account and that are returned for uncollected or insufficient funds to an electronic transaction. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house clearinghouse or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was is drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, unauthorized or should not have been paid for some other reason, we may debit your account for the amount of the item. If you have insufficient funds in your account to cover a returned item, even if doing so results we may overdraw your account in accordance with this Agreement in an overdraft amount equal to such check or other item. You agree to reimburse us for any cost or expenses we incur in the accountconnection with any such claim (including, without limitation, attorneys’ reasonable fees and court costs) and agree that we may impose service fees against your account for processing any such claim as reflected in our Rate & Fee Schedule from time to time.
Appears in 1 contract
Samples: www.tccu.net
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) In receiving items for deposit or collection collection, we act as your collection agent, we agent and assume no responsibility beyond the exercise of due care and we may handle ordinary care. The term “collection” refers to the collection process of any such special handling of an item, including presenting the item for payment by mail or in accordance with our usual practices. a cash letter to the paying bank in the U. S. or outside the U. S. Special instructions for handling an item are will be effective only if made in a signed writing accepted by the Bank and given to us along with the item in question. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds transfer system rules, and contractual arrangements with other financial institutions. All deposited items accepted for collection are provisionally normally credited to your account Account only after we have received payment for them. If we do agree to credit your Account in advance and then do not receive payment for the collection item, we will debit your Account for the amount of the item. Fees for processing collection items apply even if the collection item is returned unpaid. You agree to assume all risk of loss of an item in the process of collection and agree to promptly assist and cooperate with SunTrust to recreate any lost, misplaced, destroyed or stolen items, including deposits. In order to reduce the risk of loss, you agree to maintain a record of the maker of items delivered to us for deposit and/or negotiation. In addition, you agree that SunTrust is not liable to you if any lost, misplaced, destroyed or stolen items cannot be recreated and have not yet completed collection or have not yet been forwarded for collection. SunTrust may reverse any credit given for a deposited item that is lost, misplaced, destroyed or stolen in transit and/or you will repay SunTrust for any such credit. In no event will SunTrust be liable to you if you cannot fully identify to us the maker and amount of a lost, misplaced, destroyed or stolen item. We will not be liable for default or negligence of any subsequent collecting banks. All items, including checks drawn on SunTrust, are credited subject to final payment and our receipt of proceedsproceeds by us and subject to such items not being returned to us. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final paymentif an item is lost, misplaced, destroyed or stolen in the collection process, if it is returned unpaid or if it was improperly paid, even if the funds have already been made available to you or have been withdrawn, used or committed by you and whether the item is physically returned. If an item is returned to us under a breach of warranty claim or that the item was forged, altered, unauthorized or should not (have been paid for any reason, we may accept the return and debit the item back to your Account, regardless of whether the check was promptly returned to us or was returned prior to any midnight deadline. Such a debit may occur regardless of the amount of time since an item was presented by you, whether you were notified that the funds for such item were available or had been previously collected or you had withdrawn or otherwise made use of the funds previously credited to your Account. Local Clearing House Association rules may extend the return time period on unauthorized, counterfeit, or forged maker’s signature checks when drawn on and cleared through a Clearing House Member Bank. The Bank is not liable for any action or inaction to return, attempt to return or to otherwise recover any returned item. When you accept a check in payment or otherwise and deposit or negotiate the check, you are liable for the entire amount of the check if it was is returned for any reason, even if you paid to a third party a portion of the funds or the difference between the amount of the check and the amount owed to you. If you cash an item that is later returned, you are liable for this item in the same manner as if the item had been deposited or returned by electronic or other means), to your Account and we may also will charge back any the item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s accountAccount. We are authorized You hereby authorize us to pursue collection of previously dishonored items anditems, and in so doing, doing we may permit the drawee payer bank to hold an item beyond the “midnight deadline,. In the event a check you write and deliver to the payee is lost at any time after the check is deposited at a bank or other financial institution, you authorize the Bank to charge your Account with a photocopy of said check unless you have followed all necessary stop payment requirements. You acknowledge and agree that the Bank cannot determine whether an item that you previously deposited or negotiated has been paid or will be returned. Therefore, you acknowledge and agree that neither the Bank nor any of its employees or agents will be liable for any statement to you that an item, including a check has been paid, has cleared or will not be returned or that such item or check is or was “good” as defined by the Uniform Commercial Code as adopted by the applicable Stateor any other statement of a similar nature. If any check Foreign Checks or Items. The processing and collection of foreign checks or items are not subject to U.S. laws or regulations, including collection or return time periods. We may refuse to accept for deposit or collection, a check, draft or other item deposited that is payable in a currency other than U.S. dollars or that is drawn on a bank or a branch of a bank located outside the U.S. We may accept checks payable in foreign currencies or drawn on foreign banks on a collection basis only. Items accepted for collection are normally credited to your account is returned Account only after we have received payment for them. If we do agree to us by credit your Account in advance and then do not receive payment for the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channelsitem, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, or should not have been paid for some other reason, we may will debit your account Account for the amount of the item, . Fees for processing collection items apply even if doing so results the collection item is returned unpaid. If we accept a foreign check for deposit or collection, you assume all risks associated with the collection process and foreign currency fluctuation. A foreign check may be returned unpaid much later (in some cases, several months later) than items drawn on U.S. banks. You assume all risks of a late return of a foreign item. If a foreign check is sent for collection and paid, then returned later for fraud, we will debit your Account at our current exchange rate including fees assessed by the foreign bank. If you deposit an overdraft item that we later determine is a foreign item and must be sent for collection, we may reverse any provisional credit given for the item at our current exchange rate and send the item for collection or mail the item back to you. If we return the foreign check to you, you may then ask us to send the item for collection. Return of Direct Deposits. If, for any reason, we are required to reimburse the payer for all or any portion of any payment deposited into your Account through a direct deposit plan, you agree that we may, without prior notice to you, deduct the amount to be returned from your Account or from any other Account you have with us, unless the deduction is prohibited by law. This right is in addition to any other rights the accountBank has under these rules and regulations, including the right of offset and its security interest in your Account.
Appears in 1 contract
Samples: Arbitration Agreement
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) for deposit or collection collec- tion as your collection agent, we assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practices. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association or funds transfer system rules, and contractual arrangements arrange- ments with other financial institutions. All deposited items are provisionally credited to your account subject to final payment and our receipt of proceedspro- ceeds. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously pre- viously dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable State. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone some- one has made a claim that the check or other item was altered, forged, unauthorized, or should not have been paid for some other reason, we may debit your account for the amount of the item, even if doing so results in an overdraft in the account.
Appears in 1 contract
Samples: capfed.com
Collection of Items. Even though we may credit your account immediately when you make a When receiving items for deposit, if we agree to accept any item (other than United States currency) for deposit or collection act as your collection agent, we agent and assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practicesordinary care. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. We will not be liable for default or negligence of our correspondent banks or loss in transit and each correspondent bank will only be liable for its own negligence. You are responsible for reconstruction and proof of loss of any items, including checks and other negotiable instruments, included in deposits which are lost or stolen in transit before we have received and accepted the deposit. Further, you agree to fully cooperate and assist in the reconstruction and proof of loss of any items, including checks and other negotiable instruments, included in deposits that are lost or stolen in transit after we have received and accepted the deposit. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulationsregulations and operating circulars, clearing house association Clearinghouse Association or funds transfer system rules, Funds Transfer Systems rules and contractual arrangements with other financial institutions. All deposited items (including those drawn on another account at the Credit Union) are provisionally credited to your account subject to final payment and our receipt of proceeds. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned drawn on your account, us if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. If you have insufficient funds in your account to cover a returned item, we may overdraw your account in accordance with this Agreement. We are authorized to pursue collection of previously dishonored items anditems, and in so doing, we may permit the drawee payer bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable State. At our discretion, you authorize us to convert any checks that you deposit into your account and that are returned for uncollected or insufficient funds to an electronic transaction. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house clearinghouse or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was is drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, unauthorized or should not have been paid for some other reason, we may debit your account for the amount of the item. If you have insufficient funds in your account to cover a returned item, even if doing so results we may overdraw your account in accordance with this Agreement in an overdraft amount equal to such check or other item. You agree to reimburse us for any cost or expenses we incur in the accountconnection with any such claim (including, without limitation, attorney’s reasonable fees and court costs) and agree that we may impose service fees against your account for processing any such claim as reflected in our Rate and Fee Schedule from time to time.
Appears in 1 contract
Samples: Account Agreement
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept receive any item (other than United States currency) for deposit or collection as your collection agent, we reserve the right to refuse any item for deposit or to reverse credit for any deposited items or to charge your account for items should they become lost in the collection process. We assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practices. Special instructions We will not be liable for handling an item are effective only if made default or negligence of our correspondents or for loss in a signed writing transit, and given to us along with the item in questioneach correspondent will not be liable except for its own negligence. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulations, clearing house association Clearing House Association or funds transfer system Funds Transfer System rules, and contractual arrangements with other financial institutions. If an item is lost in processing, we have the right to charge your account for the lost item immediately or after an investigation. All deposited items (including those items drawn on another account with us) are provisionally credited to your account and subject to final payment and our receipt of proceedsproceeds by us. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means), and we may also charge back any item to your account if, within the normal handling period for such item, the item cannot be honored against the drawer’s account. We are authorized to pursue collection of previously dishonored items and, in so doing, may permit the drawee bank to hold an item beyond the “midnight deadline,” as defined by the Uniform Commercial Code as adopted by the applicable State. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check item was drawn returned the check item before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other an item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, unauthorized, or should not have been paid for some other reason, we may debit your account for the amount of the item, even if doing so results in an overdraft in the account.
Appears in 1 contract
Samples: Deposit Account Agreement
Collection of Items. Even though we may credit your account immediately when you make a deposit, if we agree to accept any item (other than United States currency) In receiving items for deposit or collection collection, we act as your collection agent, we agent and assume no responsibility beyond the exercise of due care and we may handle the collection of any such item in accordance with our usual practicesordinary care. Special instructions for handling an item are effective only if made in a signed writing and given to us along with the item in question. We will not be liable for default or negligence of our correspondent banks or for loss in transit, and each correspondent bank will only be liable for its own negligence. You are responsible for reconstruction and proof of loss of any items, including checks and other negotiable instruments, included in deposits that are lost or stolen in transit before we have received and accepted the deposit. Further, you agree to fully cooperate and assist in the reconstruction of any items, including checks and other negotiable instruments, included in deposits that are lost or stolen in transit after we have received and accepted the deposit. Items and their proceeds may be handled in accordance with applicable Federal Reserve Bank regulationsregulations and operating circulars, clearing house association Clearing House Association or funds transfer system Funds Transfer System rules, and contractual arrangements with other financial institutions. All deposited items (including those drawn on another account at the Bank) are provisionally credited to your account subject to final payment and our receipt of cash proceeds. If you deposit foreign currency or items that are denominated in a foreign currency into your U.S. Dollar account, the final credit to your U.S. Dollar account will be based on the exchange rate in effect at the time we receive final payment for that item. Without prior notice to you, we may charge back any item to your account (and adjust the interest earned on your account, if any, accordingly) at any time before final payment, whether the item is returned or not (and whether it was deposited or returned by electronic or other means)not, and we may also charge back any item to your account if, within the normal handling period for such item, drawn on us if the item cannot be honored against the drawer’s 's account. We are authorized to pursue collection of previously dishonored items anditems, and in so doing, doing we may permit the drawee payor bank to hold an item beyond the “midnight deadline,” as defined by . In the Uniform Commercial Code as adopted by event of any conflict between the applicable Stateterms of this Agreement and the terms of any lockbox service description, the terms of such lockbox service description shall govern. If any check or other item deposited in your account is returned to us by the bank on which it was drawn through the Federal Reserve, a clearing house or other normal check return channels, we may accept that return and charge the check or other item back against your account without regard to whether the bank on which the check was drawn returned the check before its midnight deadline, even if doing so results in an overdraft in the account. Furthermore, if, after a check or other item deposited into your account is finally paid, it is returned to us by the bank on which it was drawn because someone has made a claim that the check or other item was altered, forged, forged unauthorized, or should not have been paid for some other reason, we may debit your account for the amount of the item. If you have insufficient funds in your account to cover a returned item, even if doing so results we may overdraw your account in accordance with this Agreement in an overdraft amount equal to such check or other item. You agree to reimburse us for any costs or expenses we incur in connection with any such claim (including, without limitation, attorneys' reasonable fees and court costs) and agree that we may impose service fees against your account for processing any such claim as reflected in the schedule of fees upon which you and we have mutually agreed in writing. The foregoing sentence shall only apply to claims which you in good faith agree are valid, or in which the bank on which the check is drawn, any collecting or intermediary bank, the drawer, any holder, or the payee is the prevailing party in a litigation or arbitration and the time for appeal, if any, has expired. At your request, we agree that we will attempt to dispute by reasonably available means any return items or warranty claims against us on account of items deposited or credited to your account; provided we shall not be liable to you for our failure to dispute such return item or warranty claim unless such failure directly causes a loss to you. Further, our obligation to dispute any return items or warranty claims shall be limited to taking actions specifically authorized by regulations or clearing house rules (such as returning an item "without entry") and we shall have no obligation to file any lawsuit or take any action which we deem to be unreasonable or impractical.
Appears in 1 contract
Samples: Wachovia Commercial Deposit Agreement (Prudential Variable Contract Account Gi-2)