Common use of Liability of the Merchant Clause in Contracts

Liability of the Merchant. 24.1. The Merchant hereby warrants that every customer, on whose account a debit is drawn, will have signed an authority for the customer’s bank to debit or credit such customer’s account accordingly, and the Merchant acknowledges that there is no onus or obligation on the customer’s bank, or any other person, to ensure that the amounts and/or account numbers on entries submitted under such authority are in fact correct. 24.2. In the event a voice-recorded mandate is obtained, it must be carried out in accordance with the provisions of the Electronic Communications and Transactions Act, No 25 of 2002 and the Merchant acknowledges that there is no onus or obligation on the customer’s bank or any other person to ensure that the amounts and/or account numbers on entries submitted under such authority are in fact correct. 24.3. In all cases where debits are collected from other parties, the Merchant undertakes to obtain written authorisations from such parties before debits are collected, to safeguard such authorisations at all times, and to make them available to NuPay for inspection, at any reasonable time, as and when requested by NuPay. 24.4. The Merchant hereby indemnifies NuPay against any damage, loss, injury, and/or consequential damage that the Merchant may sustain as a result of incorrect and/or illegal instructions that may be given to NuPay by the Merchant, including, but not restricted to, instructions for crediting any of the account(s) of the Merchant with an amount to which the Merchant is not legally entitled from the account of a third party, as well as against any damage caused by a person who gained unauthorised access to the computer system by using computer hardware and/or computer software in the possession or under the control of the Merchant. 24.5. The Merchant undertakes to repay to NuPay on demand any amount credited against the Merchant’s account on the Merchant’s express instructions while such amount is not covered by an expressly agreed facility and/or funds to the credit of the said account. 24.6. The Merchant undertakes to submit all instructions to NuPay timeously according to the User Manual. Should the instructions not be delivered in full according to the agreed date(s), NuPay will be entitled to deviate from the User Manual; NuPay undertake to make, however, reasonable efforts to adhere to the User Manual. The parties record that it is and remains the responsibility of the Merchant to ensure that all such instructions for processing shall be delivered to the address of NuPay as set out in clause 34 of this Agreement, timeously and in full. 24.7. The Merchant undertakes to ensure that all computer software and computer hardware under the Merchant’s supervision are free of computer viruses. Should he send virus-infected diskettes and/or data via line linkage to NuPay, the Merchant shall be liable for the costs associated with removing the viruses transmitted to the computer hardware and/or diskettes and/or software of NuPay as a result. 24.8. In the event that the Merchant subscribes for the NuCard Product the Merchant acknowledges and agrees that every transfer to a Card User, and every issuance of a NuCard Card to a Card User, will be irreversible and the sole responsibility of the Merchant. NuPay will not be held responsible for erroneous amounts transferred due to an input mistake by the Merchant.

Liability of the Merchant. 24.1. The Merchant hereby warrants that every customer, on whose account a debit is drawn, will have signed an authority for the customer’s bank to debit or credit such customer’s account accordingly, and the Merchant acknowledges that there is no onus or obligation on the customer’s bank, or any other person, to ensure that the amounts and/or account numbers on entries submitted under such authority are in fact correct. 24.2. In the event a voice-recorded mandate is obtained, it must be carried out in accordance with the provisions of the Electronic Communications and Transactions Act, No 25 of 2002 and the Merchant acknowledges that there is no onus or obligation on the customer’s bank or any other person to ensure that the amounts and/or account numbers on entries submitted under such authority are in fact correct. 24.3. In all cases where debits are collected from other parties, the Merchant undertakes to obtain written authorisations from such parties before debits are collected, to safeguard such authorisations at all times, and to make them available to NuPay for inspection, at any reasonable time, as and when requested by NuPay. 24.4. The Merchant hereby indemnifies NuPay against any damage, loss, injury, and/or consequential damage that the Merchant may sustain as a result of incorrect and/or illegal instructions that may be given to NuPay by the Merchant, including, but not restricted to, instructions for crediting any of the account(s) of the Merchant with an amount to which the Merchant is not legally entitled from the account of a third party, as well as against any damage caused by a person who gained unauthorised access to the computer system by using computer hardware and/or computer software in the possession or under the control of the Merchant. 24.5. The Merchant undertakes to repay to NuPay on demand any amount credited against the Merchant’s account on the Merchant’s express instructions while such amount is not covered by an expressly agreed facility and/or funds to the credit of the said account. 24.6. The Merchant undertakes to submit all instructions to NuPay timeously according to the User Manual. Should the instructions not be delivered in full according to the agreed date(s), NuPay will be entitled to deviate from the User Manual; NuPay undertake to make, however, reasonable efforts to adhere to the User Manual. The parties record that it is and remains the responsibility of the Merchant to ensure that all such instructions for processing shall be delivered to the address of NuPay as set out in clause 34 of this Agreement, timeously and in full. 24.7. The Merchant undertakes to ensure that all computer software and computer hardware under the Merchant’s supervision are free of computer viruses. Should he send virus-infected diskettes and/or data via line linkage to NuPay, the Merchant shall be liable for the costs associated with removing the viruses transmitted to the computer hardware and/or diskettes and/or software of NuPay as a result. 24.8. In the event that the Merchant subscribes for the NuCard Product the Merchant acknowledges and agrees that every transfer to a Card User, and every issuance of a NuCard Card to a Card User, will be irreversible and the sole responsibility of the Merchant. NuPay will not be held responsible for erroneous amounts transferred due to an input mistake by the Merchant.