General Obligation Regarding Submission of Transactions. Merchant shall only submit valid Transactions involving a bona fide Cardholder. Xxxxxxxx must not submit any Transactions that Xxxxxxxx knows, or should have known, to be fraudulent or not authorized by the Cardholder. In submitting Transactions Merchant represents and warrants (without limiting any other warranties under this Agreement) that: (i) the Transaction represents a bona fide sale/rental of merchandise or services not previously submitted; (ii) all statements and representations of fact contained in the Transaction are within Merchant’s knowledge and are true and complete; (iii) the Transaction represents an obligation of the Cardholder for the amount of the Transaction; (iv) the amount charged for the Transaction is not subject to any dispute, setoff, or counterclaim; (v) the Transaction amount is only for the merchandise or services (including taxes, but without any surcharge) sold or rented and, except for any delayed delivery or advance deposit Transactions expressly authorized under this Agreement, the merchandise or service was actually delivered to or performed for the person entering into the Transaction simultaneously upon Merchant accepting and submitting the Transaction for processing and Settlement; (vi) the Transaction does not represent the refinancing of an existing obligation of the Cardholder (including any obligation otherwise owed to the Merchant by a Cardholder or arising from the dishonor of a personal check); (vii) Merchant has no knowledge or notice of any fact, circumstances or defense which would indicate that the Transaction was fraudulent or not authorized by the Cardholder or which would otherwise impair the validity or enforcement of the Cardholder’s obligation arising from such Transaction or relieve the Cardholder from liability with respect thereto; (viii) the Transaction submitted was entered into by the Merchant and the Cardholder; (ix) the Transaction is not a payment for a product or service that violates any law (either super-national, national or regional) applicable to any aspect of the Transaction; (x) the Transaction was made in accordance with this Agreement, the Card Organization Rules and applicable laws; (xi) the Transaction is not for a Cardholder’s payment to an Issuer; and (xii) the Transaction does not arise from any Transactions between Merchant and Cardholder(s) who are owners, partners, guarantors, officers or employees of either thereof, respectively, other than genuine purchases, leases or rentals of goods or services or other payments, all in the ordinary course of business. Xxxxxxxx is responsible for ensuring the accuracy and completeness of all Transaction Data submitted.
Appears in 3 contracts
Samples: Merchant Terms & Conditions, Merchant Terms & Conditions, Merchant Terms & Conditions
General Obligation Regarding Submission of Transactions. Merchant shall only submit valid Transactions transactions involving a bona fide Cardholder. Xxxxxxxx Merchant must not submit any Transactions transactions that Xxxxxxxx Merchant knows, or should have known, to be fraudulent or not authorized by the Cardholder. In submitting Transactions transactions Merchant represents and warrants (without limiting any other warranties under this Agreement) that: (i) the Transaction transaction represents a bona fide sale/rental of merchandise or services not previously submitted; (ii) all statements and representations of fact contained in the Transaction transaction are within Merchant’s knowledge and are true and complete; (iii) the Transaction transaction represents an obligation of the Cardholder for the amount of the Transactiontransaction; (iv) the amount charged for the Transaction transaction is not subject to any dispute, setoff, or counterclaim; (v) the Transaction transaction amount is only for the merchandise or services (including taxes, but without any surcharge) sold or rented and, except for any delayed delivery or advance deposit Transactions transactions expressly authorized under this Agreement, the merchandise or service was actually delivered to or performed for the person entering into the Transaction transaction simultaneously upon Merchant accepting and submitting the Transaction transaction for processing and Settlementsettlement; (vi) the Transaction transaction does not represent the refinancing of an existing obligation of the Cardholder (including any obligation otherwise owed to the Merchant by a Cardholder or arising from the dishonor of a personal check); (vii) Merchant has no knowledge or notice of any fact, circumstances or defense which would indicate that the Transaction transaction was fraudulent or not authorized by the Cardholder or which would otherwise impair the validity or enforcement of the Cardholder’s obligation arising from such Transaction transaction or relieve the Cardholder from liability with respect thereto; (viii) the Transaction transaction submitted was entered into by the Merchant and the Cardholder; (ix) the Transaction transaction is not a payment for a product or service that violates any law (either super-national, national or regional) applicable to any aspect of the Transactiontransaction; (x) the Transaction transaction was made in accordance with this Agreement, the Card Organization Rules and applicable laws; (xi) the Transaction transaction is not for a Cardholder’s payment to an Issuer; and (xii) the Transaction transaction does not arise from any Transactions transactions between Merchant and Cardholder(s) who are owners, partners, guarantors, officers or employees of either thereof, respectively, other than genuine purchases, leases or rentals of goods or services or other payments, all in the ordinary course of business. Xxxxxxxx is responsible for ensuring the accuracy and completeness of all Transaction Data transaction data submitted.
Appears in 2 contracts
Samples: Merchant Terms & Conditions, Merchant Terms & Conditions
General Obligation Regarding Submission of Transactions. Merchant shall only submit valid Transactions transactions involving a bona fide Cardholder. Xxxxxxxx Merchant must not submit any Transactions transactions that Xxxxxxxx Merchant knows, or should have known, to be fraudulent or not authorized by the Cardholder. In submitting Transactions transactions Merchant represents and warrants (without limiting any other warranties under this Agreement) that: (i) the Transaction transaction represents a bona fide sale/rental of merchandise or services not previously submitted; (ii) all statements and representations of fact contained in the Transaction transaction are within Merchant’s knowledge and are true and complete; (iii) the Transaction transaction represents an obligation of the Cardholder for the amount of the Transactiontransaction; (iv) the amount charged for the Transaction transaction is not subject to any dispute, setoff, or counterclaim; (v) the Transaction transaction amount is only for the merchandise or services (including taxes, but without any surcharge) sold or rented and, except for any delayed delivery or advance deposit Transactions transactions expressly authorized under this Agreement, the merchandise or service was actually delivered to or performed for the person entering into the Transaction transaction simultaneously upon Merchant accepting and submitting the Transaction transaction for processing and Settlementsettlement; (vi) the Transaction transaction does not represent the refinancing of an existing obligation of the Cardholder (including any obligation otherwise owed to the Merchant by a Cardholder or arising from the dishonor of a personal check); (vii) Merchant has no knowledge or notice of any fact, circumstances or defense which would indicate that the Transaction transaction was fraudulent or not authorized by the Cardholder or which would otherwise impair the validity or enforcement of the Cardholder’s obligation arising from such Transaction transaction or relieve the Cardholder from liability with respect thereto; (viii) the Transaction transaction submitted was entered into by the Merchant and the Cardholder; (ix) the Transaction transaction is not a payment for a product or service that violates any law (either super-national, national or regional) applicable to any aspect of the Transactiontransaction; (x) the Transaction transaction was made in accordance with this Agreement, the Card Organization Rules and applicable laws; (xi) the Transaction transaction is not for a Cardholder’s payment to an Issuer; and (xii) the Transaction transaction does not arise from any Transactions transactions between Merchant and Cardholder(s) who are owners, partners, guarantors, officers or employees of either thereof, respectively, other than genuine purchases, leases or rentals of goods or services or other payments, all in the ordinary course of business. Xxxxxxxx is responsible for ensuring the accuracy and completeness of all Transaction transaction data submitted. 10 Data submitted.Security
Appears in 1 contract
Samples: Merchant Terms & Conditions