Merchant Warranties. 7.1 Without limiting any other warranties hereunder, upon signing the Application and each time Merchant submits a Transaction, Merchant represents and warrants that:
7.1.1 Merchant has abided by this Agreement, and all applicable laws and Operating Rules for the Transaction;
7.1.2 Each statement made on the Application was true as of the date Merchant signed (including any electronic signature) the Application agreeing to be bound by this Agreement;
7.1.3 There have been no materially adverse changes in information provided in the Application or in Merchant's financial condition, or management;
7.1.4 Merchant does not do business under a trade name or style not previously disclosed in writing, and there has been no change in the nature of Merchant's business or the product lines that Xxxxxxxx sells not previously disclosed;
7.1.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by Xxxxxxxx, represents a valid obligation for the amount shown on the Charge Record and does not involve the use of the Card for any other purpose;
7.1.6 Merchant has title to the Transaction, there are no liens or other encumbrances on it, and Xxxxxxxx has the authority to convey the Transaction for processing;
7.1.7 The Transaction is not subject to any dispute, set-off or counterclaim;
7.1.8 The Transaction has not been previously presented for processing unless allowed by the Operating Rules;
7.1.9 Each statement on the Charge is true, and Xxxxxxxx has no knowledge of facts that would impair the validity or collectability of the amount of the Transaction;
7.1.10 Merchant has completed only one Transaction per sale, or one Transaction per shipment of merchandise where the Cardholder has agreed to partial shipments;
7.1.11 The person who executes the Application on behalf of the Merchant has the full power and authority to execute the Application and to enter into this Agreement;
7.1.12 This Agreement is the legal, valid, and binding obligation of the Merchant enforceable against the Merchant in accordance with its terms;
Merchant Warranties. Merchant represents, warrants and covenants that (a) all information contained in the Merchant Application or any other documents delivered to Peoples Trust in connection therewith is true and complete and properly reflects Merchant’s business, financial condition and principal partners, owners and officers; (b) Merchant has power to execute, deliver and perform the Merchant Agreement, and the Merchant Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject; (c) Merchant holds all licenses, if any, required to conduct its business and is qualified to do business in every jurisdiction where it is required to do so; (d) there is no action, suit or proceeding at law or in equity now pending or, to Merchant’s knowledge, threatened by or against or affecting Merchant which would substantially impair its right or ability to carry on its business as now conducted or adversely affect its financial condition or operations or the entering into of the Merchant Agreement; during the term of the Merchant Agreement, (e) each Sales Draft presented to Peoples Trust for collection will be genuine and will not be the result of any fraudulent or prohibited Transaction or will not be presented on behalf of any business other than Merchant as authorized by the Merchant Agreement; (f) each Sales Draft will be the result of a bona fide Card Transaction for the purchase of goods or services from Merchant by the Cardholder in the total amount stated on the Sales Draft; (g) Merchant has performed or will perform all of its obligations to the applicable Cardholder in connection with each Card Transaction; (h) Merchant has complied (and will comply) with Peoples Trust’s procedures for accepting Cards, and each Card Transaction itself will not involve any element of credit for any purpose other than as set forth in the Merchant Agreement, and will not be subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations’ Rules, under any applicable consumer protection legislation or any other relevant provincial or federal statutes or regulations; and (i) any Credit Voucher which it issues and will issue, will represent a bona fide refund or adjustment on a Card sale by Merchant with respect to which a Sales Draft has been accepted by Peoples Trust.
Merchant Warranties. Merchant represents and covenants that (a) all information contained in the Merchant Application or any other documents delivered to Bank in connection therewith is true and complete and properly reflects Merchant's business, financial condition and principal partners, owners and officers; (b) Merchant has power to execute, deliver and perform this Agreement, and this Agreement is duly authorized, and will not violate any provisions of law, or conflict with any other agreement to which Merchant is subject;
Merchant Warranties. Merchant represents and warrants that:
(a) it has the full power and authority to enter into and fully perform this Agreement.
(a) it has the full power and authority to enter into and fully perform this Agreement.
(b) the Services shall perform materially in accordance with this Agreement. For any breach of either such warranty, Merchant’s exclusive remedy shall be as provided in Section 12.3 (Termination for Cause) and Section 12.4 (Refund or Payment upon Termination) below.
Merchant Warranties. Merchant represents and warrants that (i) all Products requested for Delivery Services under the Delivery Terms are suitable for transportation and handling by members of the general public without any specialized training; (ii) Merchant will obtain all necessary permits, consents, certificates, approvals, inspections, releases, authorizations, licenses or file any registration forms needed in connection with its obligations under the Delivery Terms; (iii) if Merchant’s Products include medications requiring prescriptions or sensitive goods or foods, Merchant will comply with any applicable laws, rules and regulations as to the handling, preparation, packaging, storage and shipment governing such medications or sensitive goods or foods; (iv) any content, media and other materials used or provided as part of the Delivery Terms shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party; and (vi) all Products shall be free from any hazardous material; illegal items; or bio-waste.
Merchant Warranties. In addition to any other warranty, covenant, or representation made in this Agreement, you represent and warrant the following:
(a) You will preserve all records pertaining to all Transactions, Sales Drafts, and Credit Vouchers, including all paper or microfilm evidence of electronically transmitted information or data, as may be required by law, and in no event less than seven years for Credit Card Transactions and one year for Debit Card Transactions from the date of the applicable Transaction and shall permit us or our agents or designees to examine, verify, and copy any such records at any reasonable time.
(b) You will comply with all requirements of the federal Consumer Credit Protection Act and all other applicable state and federal consumer protection, consumer credit and debit card laws and regulations, and will obtain and maintain such licenses and permits as may be required by them. You will provide us with all information necessary for us to comply with all such laws and regulations. In addition, you will comply with all of the obligations on your part to be performed in connection with the sales of merchandise or the performance of services to Purchasers.
(c) If you accept Debit Card Transactions, you will also comply in all respects with the Electronic Fund Transfer Act, 15 U.S.C. (SECTION) 1693, as amended from time to time and Regulation E, 12 C.F.R. (SECTION) 205.1 ET. SEQ, as amended from time to time.
(d) You will provide adequate services in connection with each Credit or Debit Card Transaction in accordance with standard practices and manufacturers' warranties, and will provide such repairs, services, and replacements in such manner and will take such corrective action as may be required by law or by contract with a Purchaser. You also agree to make a good faith attempt to resolve all Purchaser disputes with respect to any such Transactions.
(e) You will execute, deliver, file, or record such documents as we may reasonably request to protect our interests under this Agreement.
(f) If you accept Debit Card Transactions, you will assist us in resolving Debit Card errors by complying with error resolution provisions of the Debit Operating Rules and by providing any reasonable assistance to us as we may request.
(g) You will not sell, purchase, provide, disclose or exchange Credit or Debit Card account number information, in the form of imprinted Sales Drafts, mailing lists, electronic tapes, or any other medium to any third person other th...
Merchant Warranties. In addition to the representations and warranties contained in Section 7.A, you represent and warrant, and with the submission of each Transaction Record and Credit Record reaffirm your representation and warranty, as follows: you are validly existing, in good standing and free to enter into this Agreement; you shall perform your obligations pursuant to this Agreement in accordance with the laws applicable to you; each statement made on an application or other information provided to us in support of this Agreement is true and correct; there has been no material adverse change in your financial information; you do not do business under a trade name or style not previously disclosed to us; you have not changed the nature of your business, delivery methods or product lines in a way not previously disclosed to us; and you have not filed a bankruptcy petition not previously disclosed to us.
Merchant Warranties. MERCHANT represents and warrants that throughout the TERM of this Agreement that:
a. MERCHANT has the power, authority and right to enter into this Agreement:
b. MERCHANT is registered in all states in which the MERCHANT’S services or goods will be provided pursuant to the presentation of the DONATION OFFER;
c. This Agreement shall be binding upon any past, present and future officers, directors, principals, agents, servants, representatives, employees, shareholders, subsidiaries, affiliates, related companies, insurers, excess insurers, predecessors and successors in interest, successors, heirs, executors, administrators and assigns of MERCHANT. The MERCHANT owns all rights, interest and title to all Trademarks and Content provided to LKsMart LLC and has the right to grant a license of said Trademarks and/or Content stated in this Agreement. The Trademarks and Content provided by the MERCHANT do not and will not violate any Trademark, Copyright or any Intellectual Property Right or any right of privacy or publicity of any third party or any applicable LAWS. Except as expressly set forth in this Agreement, neither PARTY has made any representations and/or warranties, implied and/or expressed, including without limitation any implied warranty of merchantability, fitness for a particular purpose or non- infringement. LKsMart LLC and/or RYC does not guarantee and/or warrant that: (1) the product and/or service offered as a DONATION OFFER will be error free and/or uninterrupted; (2) that the DONATION OFFER will be error free; (3) that any errors and/or omissions will be corrected.
Merchant Warranties. Merchant hereby represents and warrants to Bank:
a. If either Merchant is a corporation, each is duly organized and in good standing under the laws of its incorporation state and is duly qualified and in good standing in every other state in which it is doing business, and the execution, delivery and performance of the Agreement are within its corporate powers, have been duly authorized and are not in contravention of any laws or the powers of its charter, by-laws, or other incorporation papers, or of any indenture, agreement, or undertaking to which Merchant is a party or by which it is bound.
Merchant Warranties. Merchant represents and warrants that the offering, promotion, sale and delivery of Merchant’s Products and the Merchant Marks (a) will not violate or infringe any Intellectual Property Rights of a third-party or the terms of this Agreement; and (b) will comply with all applicable laws and regulations, including without limitation any such laws and regulations restricting or prohibiting the sale of goods or services based on the age of the consumer or laws specifically addressing money laundering. Merchant further represents and warrants that: (a) all information supplied by Merchant in relation to this Agreement is true, complete and accurate in every respect; (b) in respect of each Transaction which is transmitted through the Services to Company, Merchant shall be deemed to have represented and warranted to Company at the time of such transmission: (i) that all information and data transmitted to Company in respect of the Transaction is true, complete and accurate; and (ii) that the Transaction relates to the payment for Products supplied or provided by the Merchant or the charges of the Merchant and that neither the contract nor the performance of the contract relating to the supply or provision of those Products or under which those charges were incurred is or shall be illegal invalid or unenforceable for any reason whatsoever in Malaysia and in the country where they are to be supplied or provided or incurred.
