Common use of REFUSAL BY A MERCHANT Clause in Contracts

REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that your Card or one of your cheques is not honoured or if you cannot otherwise use your Account. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account as soon as it receives a credit note from the merchant. If the Bank has not received a credit note when preparing the statement of account, you must pay the balance appearing on the statement in accordance with this Agreement. However, you may contact the Bank to discuss a dispute regarding a Debt on your monthly statement of account. In consideration of the Bank crediting the Account in respect of any and all disputed claims, and you acknowledge that the Bank has no legal obligation to do so, you sell, assign and transfer your rights to the Bank, and subrogate the Bank in your rights in relation to any and all disputed claims with respect to the Account. For the purposes of this article, “Disputed Claim” means any right, claim, demand or other interest (including all rights of action accrued or which may accrue) that you have or may have, now or in the future, to be reimbursed for or otherwise recover all or part of the amount of any purchased good or service by or from any person, entity, board, official, fund or other source (the “Merchant”) arising out of a disputed transaction, whenever the Bank credits the Account for any amount related to the disputed transaction. "Disputed Claim" does not include any claim you may have against a Merchant other than those that relate strictly to a disputed transaction, and excludes, without limitation, claims for:

REFUSAL BY A MERCHANT. The Bank, its successors and assigns shall not be held liable in the event that your Card card or one of your cheques is not honoured or if you cannot otherwise use your Accountaccount. You must settle any transaction-related claim or dispute directly with the merchant. The Bank must credit the Account account as soon as it receives a credit note from the merchant. If the Bank has not received a credit note when preparing the statement of account, you must pay the balance appearing on the statement in accordance with this Agreementagreement. However, you may contact the Bank to discuss a dispute regarding a Debt on your monthly statement of account. In consideration of the Bank crediting the Account account in respect of any and all disputed claims, and you acknowledge that the Bank has no legal obligation to do so, you sell, assign and transfer your rights to the Bank, and subrogate the Bank in your rights in relation to any and all disputed claims with respect to the Accountaccount. For the purposes of this article, “Disputed Claim” means any right, claim, demand or other interest (including all rights of action accrued or which may accrue) that you have or may have, now or in the future, to be reimbursed for or otherwise recover all or part of the amount of any purchased good or service by or from any person, entity, board, official, fund or other source (the “Merchant”) arising out of a disputed transaction, whenever the Bank credits the Account account for any amount related to the disputed transaction. "Disputed Claim" does not include any claim you may have against a Merchant other than those that relate strictly to a disputed transaction, and excludes, without limitation, claims for: