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;
Appears in 4 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
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 other name not previously disclosed in writing, and there has been no change in the nature of Merchant's business or the product lines that Xxxxxxxx Merchant sells not previously disclosed;
7.1.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by XxxxxxxxMerchant, 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 Merchant 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 Merchant 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;
Appears in 3 contracts
Samples: Merchant Agreement, Merchant Agreement, Merchant Agreement
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 other name not previously disclosed in writing, and there has been no change in the nature of MerchantXxxxxxxx's business or the product lines that Xxxxxxxx Merchant 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;
Appears in 2 contracts
Samples: Merchant Agreement, Merchant Agreement
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 Merchant sells not previously disclosed;
7.1.5 The Transaction is genuine and arises from a bona fide sale of merchandise or services by XxxxxxxxMerchant, 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 Merchant 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 Merchant 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;
Appears in 2 contracts
Samples: Merchant Agreement, Merchant Agreement