Common use of Merchant Warranties Clause in Contracts

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, warrants represents and covenants that (a) all information contained in the Merchant Application or any other documents delivered to Peoples Trust Bank in connection therewith is true and complete and properly reflects Merchant’s 's business, financial condition and principal partners, owners and officers; (b) Merchant has power to execute, deliver and perform the Merchant this Agreement, and the Merchant this 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 '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 Agreementoperations; during the term of the Merchant Agreement, (e) each Sales Draft presented to Peoples Trust Bank for collection will be is genuine and will is not be the result of any fraudulent or prohibited Transaction or will is not be being presented on behalf of any business other than Merchant as authorized by the Merchant this Agreement; (f) each Sales Draft will be is 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 Bank's procedures for accepting Cards, and each Card Transaction itself will does not involve any element of credit for any purpose other than as set forth in the Merchant this Agreement, and will is not be subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card Associations’ Rulesrules, under any applicable consumer protection legislation the Consumer Credit Protection Act (15 U.S.C. §160l) or any other relevant provincial state or federal statutes or regulations; and (i) any Credit Voucher which it issues and will issue, will represent represents 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.Bank

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. The Merchant represents, warrants warrants, and covenants that undertakes to epay that: (a) all information contained in it shall deliver to Customers the Merchant Application or any other documents delivered Merchant's Products/Services sold to Peoples Trust them in connection therewith is true with the Transactions without undue delay and complete otherwise comply with the terms and properly reflects Merchant’s businessconditions of sale or supply, financial condition as the case may be, including compliance with the applicable laws and principal partnersregulations of any foreign country, owners and officers; if the goods or services are to be shipped, provided or performed in such foreign country; (b) it shall comply with all Rules and Regulatory Requirements relating to it, its business, the Services and any transactions conducted in connection with the Services; in particular, if the Merchant has power made available to execute, deliver and perform Customers purchase of the Merchant AgreementProducts/Services in instalments, and the Merchant Agreement is duly authorized, and will not violate any provisions of law, or conflict shall comply with any other agreement to which Merchant is subject; consumer credit laws (c) Merchant holds all licensesthe Merchant's Products/Services made available to Customers and the sale or supply, if anyas the case may be, required to conduct its business comply with the Rules and is qualified to do business in every jurisdiction where it is required to do so; not infringe third parties rights and interests, including, without any limitation, any intellectual property rights and proprietary rights; (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 it shall not submit any Transaction that the Merchant Agreementknows or should know to be illegal, fraudulent or not authorized by the Customer, or that the Merchant knows or should know to be authorized by the Customer in collusion with the Merchant for a fraudulent purpose (for the purposes of this clause, the Merchant is responsible for the conduct of its employees, agents and representatives); (e) it shall not submit Transactions or otherwise receive funds in connection with any illegal, fraudulent, deceptive, or manipulative act or practice and not send or receive funds to or from an illegal source; and (f) it has a permanent establishment and/or business registration in the country referenced as its address in this Contract which is where the Services are provided and that it is subject to taxation and, therefore, subject to filing income tax returns in that country in respect of Transactions made there and submitted to epay; and (g) it has and shall at all times during the term of the Merchant Agreementthis Contract maintain and comply with any consents, licenses or permissions (eregulatory or otherwise) 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 required 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 provision of its obligations goods and/or services to Customers, the applicable Cardholder in connection with each Card Transaction; entering into and performance of Transactions and the conduct of its business generally; (h) Merchant it is aware, understands and has complied (and will comply) with Peoples Trust’s procedures for accepting Cardsfully considered risks involved in of choosing to enable Customers to purchase or lease of Merchant's Products/Services in instalments, and each that in case of the Card Transaction itself will not involve any element of credit for any purpose other than as set forth in issuer's and/or the Customer's default to pay an instalment or portion thereof, the Merchant Agreement, and will not be subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under have a claim against the Card Associations’ Rulesissuer and/or the Customer, 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 Trustbut not against epay.

Merchant Warranties. Merchant represents, warrants and covenants that (a) all information contained in the Merchant Application or any other documents delivered to Peoples Trust Paysafe 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 Paysafe 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 TrustPaysafe’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 TrustPaysafe.

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 DraftDraft which goods and services are sold or offered in the ordinary course of business of the Merchant; (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 AssociationsPayment Networks’ 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; (j) each Sales Draft presented to Peoples Trust shall have been obtained and presented in a manner that is compliant with the Payment Network Rules; (k) no Sales Draft submitted to Peoples Trust shall have been previously submitted, in whole or in part, to any third party; (l) each Sales Draft submitted hereunder shall be in respect of goods or services of the Merchant that are legal in Canada and where the Cardholder resides; and (m) no Sales Draft submitted to Peoples Trust shall be in respect of a Cardholder who is shareholder, director, officer, employee, agent or representative of Merchant or any of its affiliates.

Merchant Warranties. Merchant represents, warrants represents and covenants that that (a) all information contained in the Merchant Application or any other documents delivered to Peoples Trust Bank in connection therewith is true and complete and properly reflects Merchant’s 's business, financial condition and principal partners, owners and officers; (b) Merchant has power to execute, deliver and perform the Merchant this Agreement, and the Merchant this 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 '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 Agreementoperations; during the term of the Merchant Agreement, (e) each Sales Draft presented to Peoples Trust Bank for collection will be is genuine and will is not be the result of any fraudulent activity,, or a Transaction prohibited Transaction by a Card Network or will is not be being presented on behalf of any business other than Merchant as authorized by the Merchant this Agreement; (f) each Sales Draft will be is 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 Bank's procedures for accepting Cards, and each Card Transaction itself will does not involve any element of credit for any purpose other than as set forth in the Merchant this Agreement, and will is not be subject to any defense, dispute, offset or counterclaim which may be raised by any Cardholder under the Card AssociationsNetworks’ Rulesrules, under any applicable consumer protection legislation the Consumer Credit Protection Act (15 U.S.C. §160l) or any other relevant provincial state or federal statutes or regulations; and (i) any Credit Voucher which it issues and will issue, will represent represents 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.Bank