Deposits or Cashed Items. We may accept deposits to your account from any source and need not question the authority of the person to make the deposit. All deposits are subject to later verification, adjustment and collection by us. Deposit receipts do not necessarily indicate the correct balance in the account or the amount being deposited and the amount on the receipt is based solely on your deposit ticket. If a check, draft, or other item that we cash for you or which you deposit to your Account is returned to us as unpaid for any reason, we may charge back against your account for the amount of the item returned and a chargeback fee. This may include, among other circumstance, checks that are returned because the maker of the check had insufficient funds in its account and checks that were paid originally and later are returned to us accompanied by an affidavit which states that the endorsement is forged or unauthorized or that the item has been altered in any way. We may charge your account for the amount without questioning the truth of such an affidavit. We may, at our option, notify you by telephone if an item has been returned unpaid. If you authorize us to redeposit the item on your behalf, you waive any right to receive a written notice of the returned item and you authorize us to charge back the item to your account if it is returned unpaid again for any reason. Any check deposited to your account that lacks an endorsement may be, or may be deemed to be, endorsed by us on your behalf. With respect to any such check, our rights and your liabilities shall be determined as though you actually endorsed and deposited the item. Further, any check deposited to your account that bears your stamped or facsimile endorsement shall be deemed to bear your actual endorsement whether such endorsement was affixed by you or by someone having no authority to supply your endorsement. If we receive an affidavit stating that one or more endorsements on a check or other item deposited into your account are forged, we may freeze the amount or charge back the amount of the item to your account, without prior notice to you, even though you have already used the funds. We may return or refuse to accept all or any part of a deposit or credit to your account at any time and will not be liable to you for doing so even if such action causes outstanding items to be dishonored and returned. Returned or refused deposits or the legal equivalent of the deposited item will be returned to you. In addition, you will be solely responsible for any loss or liability we sustain in relations with the deposit of substitute checks. If we give provisional credit for an item, we reserve the right to charge back the amount of the item if we do not receive final payment.
Appears in 5 contracts
Samples: Deposit Account Agreement, Deposit Account Disclosure Statement and Agreement, Deposit Account Agreement
Deposits or Cashed Items. We may accept deposits to your account from any source and need not question the authority of the person to 2.1 Any deposit that you make the deposit. All deposits are subject to later verification, adjustment and collection by us. Deposit receipts do not necessarily indicate the correct balance shall be in the account manner or in the amount being currency permitted by the Bank.
2.2 Cheques, drafts and other negotiable instruments, including substitute cheques deposited and the amount on the receipt is based solely on your deposit ticket. If a check, draft, or other item that we cash for you or which you deposit to your Account or cashed, automated clearinghouse (ACH) entries and all other types of external and book-entry funds transfers (cheques and funds transfers collectively referred to herein as ‘items’), may be charged back to your Account with the Bank if we are informed that the item is being or has been returned to unpaid (or, for cheques drawn on other accounts with us, the cheque is dishonoured by us as unpaid for any reason), we may charge back against your account for the amount of the without regard to whether such return or dishonour is timely. When a deposited or cashed item returned and is returned, you will be charged a chargeback Deposited Item Returned fee. This may include, among other circumstance, checks that are returned because the maker of the check had insufficient funds in its account and checks that were paid originally and later are returned to us accompanied by an affidavit which states that the endorsement is forged or unauthorized or that the item has been altered in any way. We may charge your account for Account whether or not the amount without questioning cheque is returned to us, and whether or not we can return the truth of such an affidavititem or a copy to you. We may, at our option, notify Even if we verify a deposited or cashed cheque and tell you by telephone if an item that the cheque has been returned unpaidpaid, that will not release your liability as an endorser. If you authorize us This right shall extend to redeposit the any cheque or other item on deposited into your behalfAccount or cashed, you waive any right to receive a written notice of the returned item that is finally paid and you authorize us to charge back the item to your account if it then is returned unpaid again because a claim is made that the cheque or other item was altered, forged, unauthorized, has a missing signature or should not have been paid for any reason. In lieu of charging your Account we may withhold an amount equal to such cheque or other item, plus related charges from your Account until a final determination of the validity of such claim has been charged back to an Account if that Account has become overdrawn. We are not required to give you next-day notice if a deposited or cashed item is dishonoured.
2.3 Any check cheque deposited to your account Account that lacks an endorsement may be, or may be deemed to be, endorsed by us on your behalf. With respect to any such checkcheque, our rights and your liabilities shall be determined as though you actually endorsed and deposited the item. Further, any check cheque deposited to your account Account that bears your stamped or facsimile endorsement shall be deemed to bear your actual endorsement whether such endorsement was affixed by you or by someone having no authority to supply your endorsement. If we receive an affidavit stating that one You agree to assume responsibility for and to indemnify us for any loss, fees or more endorsements on a check or other item deposited into your account are forged, charges we may freeze the amount or charge back the amount incur as a result of the item your failure to properly endorse cheques deposited by you to your account, without prior notice to youAccount.
2.4 We may rely on the account number on any deposit record received, even though you if the record identifies a party different from the entity identified by name in the record, and we have already used the funds. no duty to detect any such inconsistency in identification.
2.5 We may return or refuse to accept all or any part of a deposit or credit to your account Account at any time and will not be liable to you for doing so even if such action causes outstanding items to be dishonored dishonoured and returned. Returned or refused deposits (or the legal equivalent of the deposited item item) will be returned to you. In addition, you will be solely responsible for any loss or liability we sustain in relations connection with the deposit of substitute checksIRDs.
2.6 We will not give you next day notice of receipt of an electronic deposit to your Account but will provide such notice to you on your next periodic Account Statement. If we give provisional credit for You may call your branch to confirm an item, we reserve the right to charge back the amount of the item if we do not receive final paymentACH or wire transfer deposit.
Appears in 3 contracts
Samples: Account Terms and Conditions Agreement, Account Terms and Conditions Agreement, Terms and Conditions Agreement
Deposits or Cashed Items. We may accept deposits to your account from any source and need not question without questioning the authority of the person to make the deposit. All deposits are subject to later verification, adjustment and collection by us. Deposit receipts do not necessarily indicate the correct balance in the account or the amount being deposited and the amount on the receipt is based solely on your deposit ticket. If a check, draft, or other item that we cash for you or which you deposit to your Account is returned to us as unpaid for any reason, we may charge back against your account for the amount of the item returned and a chargeback fee. This may include, among other circumstancethings, checks that are returned because the maker of the check had insufficient funds in its account account, and checks that were paid originally and later are returned to us accompanied by an affidavit which states that because the endorsement is was forged or unauthorized unauthorized, or that the item has been check was altered in any way. We may subsequently charge your account for the amount without questioning the truth of such if our review confirms an affidavitendorsement is forged or unauthorized. We may, at our option, notify contact you by telephone if an item has been returned unpaid. If you authorize us to redeposit the item on your behalf, you waive any right to receive a written notice of the returned item and you authorize us to charge back the item to your account if it is returned unpaid again for any reason. Any check deposited to your account that lacks an endorsement may be, or may be deemed to be, endorsed by us on your behalf. With respect to any such checkyou, and our rights and your liabilities shall be determined as though you actually endorsed and deposited the item. Further, any check deposited to your account that bears your stamped or facsimile endorsement shall be deemed to bear your actual endorsement whether such endorsement was affixed by you or by someone having no authority to supply your endorsement. If we receive an affidavit a communication stating that one or more endorsements on a check or other item deposited into your account are forged, we may freeze the amount or charge back the amount of the item to your account, without prior notice to you, even though you have already used the funds. We may return or refuse to accept all or any part of a deposit or credit to your account at any time and will not be liable to you for doing so even if such action causes outstanding items to be dishonored and returned. Returned or refused deposits or the legal equivalent of the deposited item will be returned to you. In addition, you will be solely responsible for any loss or liability we sustain in relations with the deposit of substitute checks. If we give provisional credit for an item, we reserve the right to charge back the amount of the item if we do not receive final payment.
Appears in 2 contracts
Samples: Deposit Account Disclosure Statement and Agreement, Deposit Account Disclosure Statement and Agreement
Deposits or Cashed Items. We may accept deposits to your account from any source and need not question the authority of the person to make the deposit. All deposits are subject to later verification, adjustment and collection by us. Deposit receipts do not necessarily indicate the correct balance in the account or the amount being deposited and the amount on the receipt is based solely on your deposit ticket. If a check, draft, or other item that we cash for you or which you deposit to your Account is returned to us as unpaid for any reason, we may charge back against your account for the amount of the item returned and a chargeback fee. This may include, among other circumstance, checks that are returned because the maker of the check had insufficient funds in its account and checks that were paid originally and later are returned to us accompanied by an affidavit which states that the endorsement is forged or unauthorized or that the item has been altered in any way. We may charge your account for the amount without questioning the truth of such an affidavit. We may, at our option, notify you by telephone if an item has been returned unpaid. If you authorize us to redeposit the item on your behalf, you waive any right to receive a written notice of the returned item and you authorize us to charge back the item to your account if it is returned unpaid again for any reason. Any check deposited to your account that lacks an endorsement may be, or may be deemed to be, endorsed by us on your behalf. With respect to any such check, our rights and your liabilities shall be determined as though you actually endorsed and deposited the item. Further, any check deposited to your account that bears your stamped or facsimile endorsement shall be deemed to bear your actual endorsement whether such endorsement was affixed by you or by someone having no authority to supply your endorsement. If we receive an affidavit stating that one or more endorsements on a check or other item deposited into your account are is forged, we may freeze the amount or charge back the amount of the item to your account, without prior notice to you, even though you have already used the funds. We may return or refuse to accept all or any part of a deposit or credit to your account at any time and will not be liable to you for doing so even if such action causes outstanding items to be dishonored and returned. Returned or refused deposits or the legal equivalent of the deposited item will be returned to you. In addition, you will be solely responsible for any loss or liability we sustain in relations with the deposit of substitute checks. If we give provisional credit for an item, we reserve the right to charge back the amount of the item if we do not receive final payment.
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