Common use of Notice of Postdating Clause in Contracts

Notice of Postdating. At your risk, upon your request, and subject to the provisions outlined below, we will accept a proper and timely notice of postdating to prevent the payment of an order/check before the date written on it. A notice of postdating may be given by any owner of or authorized signer on the account. You will pay our fee for notice of postdating. If the order is presented before the date written on it, we may return it unpaid in any manner consistent with applicable Federal Reserve and clearinghouse procedures. You will hold us harmless from all expenses and costs incurred by us, including attorneys’ fees, in refusing payment on the order/ check. Because our processing of postdated orders/checks is automated, your notice of postdating must provide us with the exact: date written on the order/check; amount of the order/ check; payee; order/check number; account number; and any other information we may require. If you do not correctly provide all of this information, we will not be liable if the order/ check is paid before the date written on it. . In any event, our liability for early payment of an order/check for which we have received a proper and timely notice of postdating is limited to your actual losses, up to the amount of the order/check. If we re-credit your account after paying a postdated order/check over a proper and timely notice of postdating, you will transfer to us all of your rights against the payee or other holder of the order/check and assist us in legal action taken against that person. You understand that any holder in due course of the order/check, including us, may be entitled to enforce payment against you despite your notice of postdating. Our receipt of your notice of postdating is not timely and comes too late if: we have indicated in any manner that we will pay or honor the order/check as drawn; the order/check is already in our processing system; or we do not have a reasonable time to act upon it (and you and we agree that receipt of a notice of postdating on the same day as the order/check is presented to us does not give us a reasonable time to act on the notice of postdating). A notice of postdating must be made in writing and is effective for 6 months following our receipt and must be renewed in writing. If you fail to renew a notice of postdating before it has expired, you shall be deemed to have consented to payment of the order/check at any time. In any event, a notice of postdating will cease to be effective at the earlier of the date written on the order/check or the expiration of the notice of postdating, and the order/check may be paid by us and charged against your account if presented to us after that time.

Appears in 6 contracts

Samples: Member Services Agreement, Member Services Agreement, Member Services Agreement

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Notice of Postdating. At your risk, upon your request, and subject to the provisions outlined below, we will accept a proper and timely notice of postdating to prevent the payment of an order/check Order before the date written on it. A notice of postdating may be given by the person who signed the Order or any other owner of or authorized signer on the account. You will pay our fee for notice of postdating. If the order Order is presented before the date written on it, we may return it unpaid in any manner consistent with applicable Federal Reserve and clearinghouse clearing house procedures. You will hold us harmless from all expenses and costs incurred by us, including attorneys’ fees, in refusing payment on the order/ check. Because our processing of postdated orders/checks is automated, your notice of postdating must provide us with the exact: date written on the order/check; amount of the order/ check; payee; order/check number; account number; and any other information we may require. If you do not correctly provide all of this information, we will not be liable if the order/ check is paid before the date written on it. . In any event, our liability for early payment of an order/check for which we have received a proper and timely notice of postdating is limited to your actual losses, up to the amount of the order/check. If we re-credit your account after paying a postdated order/check over a proper and timely notice of postdating, you will transfer to us all of your rights against the payee or other holder of the order/check and assist us in legal action taken against that person. You understand that any holder in due course of the order/checkOrder, including us, may be entitled to enforce payment against you despite your notice of postdating. Our receipt of your A notice of postdating is not timely and comes too late if: we have indicated in any manner that we will pay or honor cease to be effective at the order/check as drawn; earlier of the order/check is already in our processing system; or we do not have a reasonable time to act upon it (and you and we agree that receipt of a notice of postdating date written on the same day as Order or the order/check is presented to us does not give us a reasonable time to act on expiration of the notice of postdating), and the Order may be paid by us and charged against your account if presented to us after that time. A notice of postdating must may be made in writing and is effective for 6 months any or all of the following our receipt and must be renewed in writingways: by oral or written request. If you fail to renew a any type of notice of postdating before it has expired, you shall be deemed to have consented to payment of the order/check at any timeOrder. In any event, a Our receipt of your notice of postdating is not timely and comes too late if: (a) we have paid or indicated in any manner that we will cease pay or honor the Order as drawn (for example, notice comes too late if the Order has been certified or negotiated with a check guarantee); (b) the Order is already in our processing system; or (c) we do not have a reasonable time to act upon it. Your notice of postdating must provide us with the exact: (a) date written on the Order; (b) amount of the Order; (c) payee; (d) Order number; (e) account number; and (f) any other information we may require. You agree that if all of this information is not correctly provided by you, we will not be effective at liable if the earlier of Order is paid before the date written on the order/check Order. If we comply with a notice with respect to a postdated Order, you agree to defend and hold us harmless from and against any claims, demands, suits or other disputes resulting from or relating in any way to that notice and to indemnify us for the expiration amount of the notice of postdatingany such claims, demands, suits or other dis- putes and any related costs and expenses, including attor- neys’ fees and the order/check may be paid costs of litigation to the extent permitted by us and charged against your account if presented to us after that timeapplicable law.

Appears in 1 contract

Samples: bfsfcu.org

Notice of Postdating. At your risk, upon your request, and subject to the provisions outlined below, we will accept a proper and timely notice of postdating to prevent the payment of an order/check Order before the date written on it. A notice of postdating may be given by the person who signed the Order or any other owner of or authorized signer on the account. You will pay our fee for notice of postdating. If the order Order is presented before the date written on it, we may return it unpaid in any manner consistent with applicable Federal Reserve and clearinghouse clearing house procedures. You will hold us harmless from all expenses and costs incurred by us, including attorneys’ fees, in refusing payment on the order/ check. Because our processing of postdated orders/checks is automated, your notice of postdating must provide us with the exact: date written on the order/check; amount of the order/ check; payee; order/check number; account number; and any other information we may require. If you do not correctly provide all of this information, we will not be liable if the order/ check is paid before the date written on it. . In any event, our liability for early payment of an order/check for which we have received a proper and timely notice of postdating is limited to your actual losses, up to the amount of the order/check. If we re-credit your account after paying a postdated order/check over a proper and timely notice of postdating, you will transfer to us all of your rights against the payee or other holder of the order/check and assist us in legal action taken against that person. You understand that any holder in due course of the order/checkOrder, including us, may be entitled to enforce payment against you despite your notice of postdating. Our receipt of your A notice of postdating is not timely and comes too late if: we have indicated in any manner that we will pay or honor cease to be effective at the order/check as drawn; earlier of the order/check is already in our processing system; or we do not have a reasonable time to act upon it (and you and we agree that receipt of a notice of postdating date written on the same day as Order or the order/check is presented to us does not give us a reasonable time to act on expiration of the notice of postdating), and the Order may be paid by us and charged against your account if presented to us after that time. A notice of postdating must may be made in writing and is effective for 6 months any or all of the following our receipt and must be renewed in writingways: by oral or written request. If you fail to renew a any type of notice of postdating before it has expired, you shall be deemed to have consented to payment of the order/check at any timeOrder. In any event, a Our receipt of your notice of postdating is not timely and comes too late if: (a) we have paid or indicated in any manner that we will cease pay or honor the Order as drawn (for example, notice comes too late if the Order has been cer- tified or negotiated with a check guarantee); (b) the Order is already in our processing system; or (c) we do not have a reasonable time to act upon it. Your notice of postdat- ing must provide us with the exact: (a) date written on the Order; (b) amount of the Order; (c) payee; (d) Order num- ber; (e) account number; and (f) any other information we may require. You agree that if all of this information is not correctly provided by you, we will not be effective at liable if the earlier of Order is paid before the date written on the order/check Order. If we com- ply with a notice with respect to a postdated Order, you agree to defend and hold us harmless from and against any claims, demands, suits or other disputes resulting from or relating in any way to that notice and to indemnify us for the expiration amount of the notice of postdatingany such claims, demands, suits or other dis- putes and any related costs and expenses, including attor- neys’ fees and the order/check may be paid costs of litigation to the extent permitted by us and charged against your account if presented to us after that timeapplicable law.

Appears in 1 contract

Samples: bfsfcu.org

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Notice of Postdating. At your risk, upon your request, and subject to the provisions outlined below, we will accept a proper and timely notice of postdating to prevent the payment of an order/check Order before the date written on it. A notice of postdating may be given by the person who signed the Order or any other owner of or authorized signer on the account. You will agree to pay our fee for notice of postdating, which may be deducted from your account. If the order Order is presented before the date written on it, we may return it unpaid in any manner consistent with applicable Federal Reserve and clearinghouse clearing house procedures. You will hold us harmless from all expenses and costs incurred by us, including attorneys’ fees, in refusing payment on the order/ check. Because our processing of postdated orders/checks is automated, your notice of postdating must provide us with the exact: date written on the order/check; amount of the order/ check; payee; order/check number; account number; and any other information we may require. If you do not correctly provide all of this information, we will not be liable if the order/ check is paid before the date written on it. . In any event, our liability for early payment of an order/check for which we have received a proper and timely notice of postdating is limited to your actual losses, up to the amount of the order/check. If we re-credit your account after paying a postdated order/check over a proper and timely notice of postdating, you will transfer to us all of your rights against the payee or other holder of the order/check and assist us in legal action taken against that person. You understand that any holder in due course of the order/checkOrder, including us, may be entitled to enforce payment against you despite your notice of postdating. Our receipt of your A notice of postdating is not timely and comes too late if: we have indicated in any manner that we will pay or honor cease to be effective at the order/check as drawn; earlier of the order/check is already in our processing system; or we do not have a reasonable time to act upon it (and you and we agree that receipt of a notice of postdating date written on the same day as Order or the order/check is presented to us does not give us a reasonable time to act on expiration of the notice of postdating), and the Order may be paid by us and charged against your account if presented to us after that time. A notice of postdating must may be made in writing and is effective for 6 months any or all of the following our receipt and must be renewed in writingways: by oral or written request. If you fail to renew a any type of notice of postdating before it has expired, you shall be deemed to have consented to payment of the order/check at any timeOrder. In any event, a Our receipt of your notice of postdating is not timely and comes too late if: (a) we have paid or indicated in any manner that we will cease pay or honor the Order as drawn (for example, notice comes too late if the Order has been certified or negotiated with a check guarantee); (b) the Order is already in our processing system; or (c) we do not have a reasonable time to act upon it. Your notice of postdating must provide us with the exact: (a) date written on the Order; (b) amount of the Order; (c) payee; (d) Order number; (e) account number; and (f) any other informa- tion we may require. You agree that if all of this information is not correctly provided by you, we will not be effective at liable if the earlier of Order is paid before the date written on the order/check Order. If we comply with a notice with respect to a postdated Order, you agree to defend and hold us harmless from and against any claims, demands, suits or other disputes resulting from or relating in any way to that notice and to indemnify us for the expiration amount of the notice of postdatingany such claims, demands, suits or other disputes and any related costs and expenses, including attorneys’ fees and the order/check may be paid costs of litigation to the extent permitted by us and charged against your account if presented to us after that timeapplicable law.

Appears in 1 contract

Samples: Share Account Agreement

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