Common use of Presentment Warranties Clause in Contracts

Presentment Warranties. Each time Professional submits Charge Transaction Data, it makes the following warranties: a. All purchases included in the Charge Transaction Data constitute bona fide, arms-length sales by Professional of the products or services described therein in the ordinary course of Professional’s business and in compliance with this Agreement; Professional has delivered all the products and fully performed all the services covered by the Charge Transaction Data to the Accountholder’s satisfaction; b. The amounts included in the Charge Transaction Data did not involve a cash advance or products or services not listed in the applicable sales invoice; only products sold directly by Professional are included in the Charge Transaction Data; the amounts represent the entire purchase price of the products and services identified in the Charge Transaction Data other than a bona fide down payment or deposit either financed on a general purpose credit card or paid in cash; c. The products and services covered by the Charge Transaction Data were sold by Professional to Accountholders; and were sold in compliance with all Applicable Law; d. Each Account has been authorized, created and submitted by Professional in accordance with this Agreement and the Operating Guide; e. There are no other agreements between Professional and any Accountholder with respect to any Account and/or the underlying purchased product(s), except any bona fide and reasonable extended warranties permitted under this Agreement; and f. The Charge Transaction Data does not include (i) any line of products or services not offered for sale to Accountholders by Professional as of the Effective Date unless Bank has given its written consent to Professional authorizing the financing of the purchases of such products or under the Program; and (ii) any line of products or services identified as not available for financing under the Program in the Operating Guide. g. That each sale with respect to which Bank extends credit under an Account will have been generated from a direct sale by Professional and not from a third party.

Presentment Warranties. Each time Professional Merchant submits Charge Transaction Data, it makes the following warranties: a. (a) All purchases included in the Charge Transaction Data constitute bona fide, arms-length sales by Professional Merchant of the products or services described therein in the ordinary course of ProfessionalXxxxxxxx’s business and in compliance with this Agreement; Professional Xxxxxxxx has delivered all the products and fully performed all the services covered by the Charge Transaction Data to the Accountholder’s satisfaction; b. (b) The amounts included in the Charge Transaction Data did not involve a cash advance or products or services not listed in the applicable sales invoice; only products sold directly by Professional Merchant are included in the Charge Transaction Data; the amounts represent the entire purchase price of the products and services identified in the Charge Transaction Data other than a bona fide down payment or deposit either financed on a general purpose credit card or paid in cash; c. (c) The products and services covered by the Charge Transaction Data were sold by Professional Merchant to Accountholders; and were sold in compliance with all Applicable LawLaws, including federal and state regulations governing in-home sales; d. (d) Each Account has been authorized, created and submitted by Professional Merchant in accordance with this Agreement and the Operating GuideProcedures; e. (e) There are no other agreements between Professional Merchant and any Accountholder with respect to any Account and/or the underlying purchased product(s), except any bona fide and reasonable extended warranties permitted under this Agreement; and f. (f) The Charge Transaction Data does not include (i) any line of products or services not offered for sale to Accountholders by Professional Merchant as of the Effective Program Commencement Date unless Bank has given its written consent to Professional Merchant authorizing the financing of the purchases of such products or under the Program; and (ii) any line of products or services identified as not available for financing under the Program in the Operating GuideProcedures. g. (g) That each sale with respect to which Bank extends credit under an Account will shall have been generated from a direct sale by Professional Xxxxxxxx and not from a third party.