Returns and Adjustments. (i) All disputes between RX Technology and any customer respecting any cash transaction hereunder shall be settled between RX Technology and such customer. RX Technology agrees that in the event of a dispute, RX Technology shall reasonably address the customer's concern in a good faith manner. (ii) RX Technology shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers. (iii) When a refund or payment is due to a customer for return or adjustment, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slip. (iv) With respect to each legible Refund Slip presented to Six Flags hereunder, RX Technology represents and warrants that (A) the Refund Slip represents an amount lawfully due customer for the return or adjustment of Goods previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Slip was previously presented to Six Flags and/or transmitted hereunder, (c) the Refund Slip does not duplicate information concerning the same transaction in any other Refund Slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip is that of RX Technology, and (E) RX Technology has complied fully with the terms of this Agreement. (v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology: 1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder. 2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card. 3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 3 contracts
Samples: Rx Technology Agreement (Rx Technology Holdings Inc), Rx Technology Agreement (Rx Technology Holdings Inc), Rx Technology Agreement (Rx Technology Holdings Inc)
Returns and Adjustments. (i) All disputes between RX Technology and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology and such customerCredit Card holder. RX Technology agrees that in the event of a Credit Card dispute, RX Technology shall reasonably address the customerCredit Card holder's concern in a good faith manner.
(ii) RX Technology shall maintain a fair and consistent policy for exchange and return of merchandise Goods and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX Technology shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slipcredit adjustment memo on a form provided or approved by Six Flags and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) Six Flags' name and merchant account number, (B) city and address where the credit or adjustment occurred, (c) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (E) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (vii) a brief description of the Goods returned.
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags and/or transmitted hereunder, RX Technology represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags and/or transmitted hereunder, (c) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of an authorized employee of RX Technology, and (E) RX Technology has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 3 contracts
Samples: Rx Technology Agreement (Rx Technology Holdings Inc), Rx Technology Agreement (Rx Technology Holdings Inc), Rx Technology Agreement (Rx Technology Holdings Inc)
Returns and Adjustments. (i) All disputes between RX Technology and any customer respecting any cash transaction hereunder shall be settled between RX Technology and such customer. RX Technology agrees that in the event of a dispute, RX Technology shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to be delivered to Six Flags a legible Refund Slipauthorized refund slip.
(iv) With respect to each legible Refund Slip authorized refund slip presented to Six Flags hereunder, RX Technology represents and warrants that (A) the Refund Slip refund slip represents an amount lawfully due customer for the return or adjustment of Goods Goods/Services previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Slip refund was previously presented to Six Flags and/or transmitted hereunder, (cC) the Refund Slip refund slip does not duplicate information concerning the same transaction in any other Refund Slip refund unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip refund slip is that of RX TechnologyRX, and (E) RX Technology has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods Goods/Services hereunder are returned on a day that said Goods Goods/Services were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX's RX Technology's Agreement share of the revenue from the Concession Ride Photo Shop due and owing RX TechnologyRX, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (cC) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX TechnologyRX:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods Goods/Services sold hereunder.
2. Each Draft shall be imprinted by RX TechnologyRX, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 2 contracts
Samples: License Agreement (Rx Technology Holdings Inc), License Agreement (Rx Technology Holdings Inc)
Returns and Adjustments. (i) All disputes between RX Technology and any customer respecting any cash transaction hereunder shall be settled between RX Technology and such customer. RX Technology agrees that in the event of a dispute, RX Technology shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to be delivered to Six Flags a legible Refund Slipauthorized refund slip.
(iv) With respect to each legible Refund Slip authorized refund slip presented to Six Flags hereunder, RX Technology represents and warrants that (A) the Refund Slip refund slip represents an amount lawfully due customer for the return or adjustment of Goods Goods/Services previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Slip refund was previously presented to Six Flags and/or transmitted hereunder, (c) the Refund Slip refund slip does not duplicate information concerning the same transaction in any other Refund Slip refund unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip refund slip is that of RX TechnologyRX, and (E) RX Technology has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods Goods/Services hereunder are returned on a day that said Goods Goods/Services were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX's RX Technology's Agreement share of the revenue from the Concession Ride Photo Shop due and owing RX TechnologyRX, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX TechnologyRX:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods Goods/Services sold hereunder.
2. Each Draft shall be imprinted by RX TechnologyRX, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 2 contracts
Samples: License Agreement (Rx Technology Holdings Inc), License Agreement (Rx Technology Holdings Inc)
Returns and Adjustments. (i) All disputes between RX Technology and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology and such customerCredit Card holder. RX Technology agrees that in the event of a Credit Card dispute, RX Technology RX Agreement shall reasonably address the customerCredit Card holder's concern in a good faith manner.
(ii) RX Technology shall maintain a fair and consistent policy for exchange and return of merchandise Goods/Services and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slipcredit adjustment memo on a form provided or approved by Six Flags and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) Six Flags' name and merchant account number, (B) city and address where the credit or adjustment occurred, (C) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (E) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (vii) a brief description of the Goods/Services returned.]
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags and/or transmitted hereunder, RX Technology represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods Goods/Services previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags and/or transmitted hereunder, (cC) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of RX Technologyan authorized employee of RX, and (E) RX Technology has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 2 contracts
Samples: License Agreement (Rx Technology Holdings Inc), License Agreement (Rx Technology Holdings Inc)
Returns and Adjustments. (i) All disputes between RX Technology and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology and such customerCredit Card holder. RX Technology agrees that in the event of a Credit Card dispute, RX Technology RX Agreement shall reasonably address the customerCredit Card holder's concern in a good faith manner.
(ii) RX Technology shall maintain a fair and consistent policy for exchange and return of merchandise Goods/Services and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slipcredit adjustment memo on a form provided or approved by Six Flags and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) Six Flags' name and merchant account number, (B) city and address where the credit or adjustment occurred, (C) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (E) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (vii) a brief description of the Goods/Services returned.]
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags and/or transmitted hereunder, RX Technology represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods Goods/Services previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags and/or transmitted hereunder, (c) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of RX Technologyan authorized employee of RX, and (E) RX Technology has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 1 contract
Returns and Adjustments. (a) Merchant agrees that for any transaction on Credit Card Accounts, if Merchant (i) All disputes between RX Technology and accepts any customer respecting any cash transaction hereunder shall be settled between RX Technology and such customer. RX Technology agrees that in the event of a dispute, RX Technology shall reasonably address the customer's concern in a good faith manner.
Goods for return; (ii) RX Technology shall maintain a fair and consistent policy for exchange and return permits the termination or cancellation of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
any Services; or (iii) When allows any price adjustment on any Goods and/or Services, then Merchant shall not make or effect any cash refund, but shall generate a credit to the Cardholder to be applied immediately to the Cardholder’s Credit Card Account, and shall deliver to the Cardholder a true and complete copy of the Credit Slip at the time the refund or payment adjustment is due to made. Merchant shall include on any Credit Slip a customer for return brief description of the Goods returned, Services terminated or adjustmentcancelled, RX Technology shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slip.
(iv) With respect to each legible Refund Slip presented to Six Flags hereunder, RX Technology represents and warrants that (A) the Refund Slip represents an amount lawfully due customer for the return refund or adjustment made, together with the date and amount of Goods previously purchased the credit, in cash, (B) sufficient detail to identify the transaction. The amount of a sales draft relating to and including Credit Slip cannot exceed the amount of the Refund original transaction as reflected on the Sales Slip. The Credit Slip was must reflect the full amount of the refund or adjustment. Merchant may process a Credit Slip for a Cardholder only if Merchant has previously presented completed the related Purchase transaction with the same Cardholder. Merchant shall immediately deliver an electronic copy of the Credit Slip to Six Flags and/or transmitted hereunderFlexiti through the Merchant App.
(b) If Merchant (i) accepts any Goods for return; or (ii) permits the termination or cancellation of any Services within thirty (30) days of the Credit Transaction completed for the Goods or Services, the Merchant shall be credited the MDR paid in connection with the Credit Transaction.
(c) If Merchant allows any price adjustment on any Goods and/or Services within thirty (30) days of the Refund Slip does not duplicate information concerning Credit Transaction completed for the same transaction in any other Refund Slip unless Six Flags requests a resubmissionGoods or Services, (D) the signature appearing Merchant shall be credited the portion of the MDR payable on the Refund Slip is that difference between the original price and the adjusted price of RX Technology, and (E) RX Technology has complied fully with the terms of this AgreementGoods or Services.
(vd) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share The Merchant shall receive no refund of the revenue from the Concession due and owing RX Technology, MDR or any portion thereof if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: Merchant (i) Six Flags' name and merchant account number, accepts any Goods for return; (ii) permits the city and state in which the transaction takes place, termination or cancellation of any Services; or (iii) allows any price adjustment on any Goods and/or Services after the information on the Credit card, including the account number, name and expiration date of the Credit Card, thirty (iv30) days from the date the transaction takes place and Credit Transaction for the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holderGoods or Services was completed.
Appears in 1 contract
Samples: Merchant Agreement
Returns and Adjustments. (i) All disputes between RX Technology Technologies, Inc. and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology Technologies, Inc. and such customerCredit Card holder. RX Technology Technologies, Inc. agrees that in the event of a Credit Card dispute, RX Technology Technologies, Inc. shall reasonably address the customer's Credit Card holder concern in a good faith manner.
(ii) RX Technology Technologies, Inc. shall maintain a fair and consistent policy for exchange and return of merchandise Goods and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX Technologies, Inc. shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology Technologies, Inc. shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slipcredit adjustment memo on a form provided or approved by Six Flags and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) Six Flags' name and merchant account number, (B) city and address where the credit or adjustment occurred, (C) Credit Card holder name and Credit Card number, (D) Credit Card expiration date, (F) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (vii) a brief description of the Goods returned.
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags and/or transmitted hereunder, RX Technology Technologies, Inc. represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags and/or transmitted hereunder, (cC) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of an authorized employee of RX TechnologyTechnologies, Inc., and (EB) RX Technology Technologies, Inc. has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 1 contract
Returns and Adjustments. (i) All disputes between RX Technology Inc. and any customer respecting any cash transaction hereunder shall be settled between RX Technology Inc. and such customer. , RX Technology Inc. agrees that in the event of a dispute, RX Technology Inc. shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology Inc. shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology Inc. shall prepare, execute and deliver to Six Flags The Great Escape or cause to be delivered to Six Flags The Great Escape a legible Refund Return Slip.
(iv) With respect to each legible Refund Return Slip presented to Six Flags The Great Escape hereunder, RX Technology Inc. represents and warrants that (A) the Refund Return Slip represents an amount lawfully due customer for the return or adjustment of Goods previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Return Slip was previously presented to Six Flags The Great Escape and/or transmitted hereunder, (cC) the Refund Return Slip does not duplicate information concerning the same transaction in any other Refund Return Slip unless Six Flags The Great Escape requests a resubmission, (D) the signature appearing on the Refund Return Slip is that of RX TechnologyTechnology Inc., and (E) RX PA Technology Inc. has complied fully with the terms of this Agreement.
(v) RX Technology Inc. agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags The Great Escape may, in its sole discretion: (A) deduct the amount of said return from RX Technology's Technology Inc.' share of the revenue from the Concession due and owing RX TechnologyTechnology Inc., if any; (B) xxxx RX Technology Inc. in the amount of said return and RX Technology Technology, Inc. shall pay Six Flags The Great Escape the same within five (5) days of receipt therefor or (cC) demand payment from RX Technology Inc. in said amount and RX Technology Inc. shall pay Six Flags The Great Escape immediately upon receipt of Six Flags' The Great Escape demand. Failure of RX Technology Inc. to pay Six Flags The Great Escape as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology Inc. represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags The Great Escape upon notice to RX TechnologyTechnology Inc.:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, The Great Escape. indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX TechnologyTechnology Inc., or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: :
(i) Six Flags' The Great Escape name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
Appears in 1 contract
Returns and Adjustments. (i) All disputes between RX Technology Inc. and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology Inc. and such customerCredit Card holder. RX Technology Inc. agrees that in the event of a Credit Card dispute, RX Technology Inc. shall reasonably address the customerCredit Card holder's concern in a good faith manner.
(ii) RX Technology Inc. shall maintain a fair and consistent policy for exchange and return of merchandise Goods and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX Technology Inc. shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology Inc. shall prepare, execute and deliver to Six Flags Frontier City or cause to be delivered to Six Flags Frontier City a legible Refund Slipcredit adjustment memo on a form provided or approved by Frontier City and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) Frontier City' name and merchant account number, (B) city and address where the credit or adjustment occurred, (C) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (E) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (G) a brief description of the Goods returned.
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags Frontier City and/or transmitted hereunder, RX Technology Inc. represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return retum or adjustment of Goods previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags Frontier City and/or transmitted hereunder, (cC) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags Frontier City requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of an authorized employee of RX TechnologyTechnology Inc., and (E) RX Technology Inc. has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Inc. and any customer respecting any cash transaction hereunder shall be settled between RX Technology Inc. and such customer. RX Technology Inc. agrees that in the event of a dispute, RX Technology Inc. shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology Inc. shall maintain a fair and consistent policy for exchange and return retum of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology Inc. shall prepare, execute and deliver to Six Flags Frontier City or cause to be delivered to Six Flags Frontier City a legible Refund Return Slip.
(iv) With respect to each legible Refund Return Slip presented to Six Flags Frontier City hereunder, RX Technology Inc. represents and warrants that (A) the Refund Return Slip represents an amount lawfully due customer for the return or adjustment of Goods previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Retum Slip was previously presented to Six Flags Frontier City and/or transmitted hereunder, (cC) the Refund Return Slip does not duplicate information concerning the same transaction in any other Refund Return Slip unless Six Flags Frontier City requests a resubmission, (D) the signature appearing on the Refund Return Slip is that of RX TechnologyTechnology Inc., and (E) RX Technology Inc. has complied fully with the terms of this Agreement.
(v) RX Technology Inc. agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags Frontier City may, in its sole discretion: (A) deduct the amount of said return from RX Technology's Technology Inc.' share of the revenue from the Concession due and owing RX TechnologyTechnology Inc., if any; (B) xxxx RX Technology Inc. in the amount of said return and RX Technology Inc. shall pay Six Flags Frontier City the same within five (5) days of receipt therefor or (cC) demand payment from RX Technology Inc. in said amount and RX Technology Inc. shall pay Six Flags Frontier City immediately upon receipt of Six FlagsFrontier City' demand. Failure of RX Technology Inc. to pay Six Flags Frontier City as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology Inc. represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags Frontier City upon notice to RX TechnologyTechnology Inc.:
1. I. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six FlagsFrontier City, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Inc. and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology Inc. and such customerCredit Card holder. RX Technology Inc. agrees that in the event of a Credit Card dispute, RX Technology Inc. shall reasonably address the customerCredit Card holder's concern in a good faith manner.
(ii) RX Technology Inc. shall maintain a fair and consistent policy for exchange and return of merchandise Goods and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX Technology Inc. shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology Inc. shall prepare, execute and deliver to Six Flags The Great Escape or cause to be delivered to Six Flags The Great Escape a legible Refund Slipcredit adjustment memo on a form provided or approved by The Great Escape and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) The Great Escape name and merchant account number, (B) city and address where the credit or adjustment occurred, (C) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (E) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (G) a brief description of the Goods returned.
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags The Great Escape and/or transmitted hereunder, RX Technology Inc. represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags The Great Escape and/or transmitted hereunder, (cC) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of an authorized employee of RX TechnologyTechnology Inc., and (E) RX Technology Inc. has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Licensee and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology Licensee and such customerCredit Card holder. RX Technology Licensee agrees that in the event of a Credit Card dispute, RX Technology Licensee shall reasonably address the customerCredit Card holder's concern in a good faith manner.
(ii) RX Technology Licensee shall maintain a fair and consistent policy for exchange and return of merchandise Goods/Services and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. Licensee shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology Licensee shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slipcredit adjustment memo on a form provided or approved by Six Flags and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) Six Flags' name and merchant account number, (B) city and address where the credit or adjustment occurred, (c) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (B) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (vii) a brief description of the Goods/Services returned.
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags and/or transmitted hereunder, RX Technology Licensee represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods Goods/Services previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags and/or transmitted hereunder, (c) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of RX Technologyan authorized employee of Licensee, and (E) RX Technology Licensee has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Licensee and any customer respecting any cash transaction hereunder shall be settled between RX Technology Licensee and such customer. RX Technology Licensee agrees that in the event of a dispute, RX Technology Licensee shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology Licensee shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology Licensee shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund SlipDocument.
(iv) With respect to each legible Refund Slip Document presented to Six Flags hereunder, RX Technology Licensee represents and warrants that (A) the Refund Slip Document represents an amount lawfully due customer for the return or adjustment of Goods Goods/Services previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Slip Document was previously presented to Six Flags and/or transmitted hereunder, (c) the Refund Slip Document does not duplicate information concerning the same transaction in any other Refund Slip Document unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip Document is that of RX TechnologyLicensee, and (E) RX Technology Licensee has complied fully with the terms of this Agreement.
(v) RX Technology Licensee agrees that in the event Goods Goods/Services hereunder are returned on a day that said Goods Goods/Services were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX TechnologyLicensee's share of the revenue from the Attraction/Concession due and owing RX TechnologyLicensee, if any; (B) xxxx RX Technology Licensee in the amount of said return and RX Technology Licensee shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology Licensee in said amount and RX Technology Licensee shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology Licensee to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology Licensee represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX TechnologyLicensee:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods Goods/Services sold hereunder.
2. Each Draft shall be imprinted by RX TechnologyLicensee, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods/Services, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods/Services, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Technologies, Inc. and any customer respecting any cash transaction hereunder shall be settled between RX Technology Technologies, Inc. and such customer. RX Technology Technologies, Inc. agrees that in the event of a dispute, RX Technology Technologies, Inc. shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology Technologies, Inc. shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology Technologies, Inc. shall prepare, execute and deliver to Six Flags or cause to be delivered to Six Flags a legible Refund Slip.
(iv) With respect to each legible Refund Slip presented to Six Flags hereunder, RX Technology Technologies, Inc. represents and warrants that (A) the Refund Slip represents an amount lawfully due customer for the return or adjustment of Goods previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Slip was previously presented to Six Flags and/or transmitted hereunder, (cC) the Refund Slip does not duplicate information concerning the same transaction in any other Refund Slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip is that of RX TechnologyTechnologies, Inc., and (EB) RX Technology Technologies, Inc. has complied fully with the terms of this Agreement.
(v) RX Technology Technologies, Inc. agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX TechnologyTechnologies, Inc.'s share of the revenue from the Concession due and owing RX TechnologyTechnologies, Inc., if any; (B) xxxx RX Technology Technologies, Inc. in the amount of said return and RX Technology Technologies, Inc. shall pay Six Flags the same within five (5) days of receipt therefor or (cC) demand payment from RX Technology Technologies, Inc. in said amount and RX Technology Technologies, Inc. shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology Technologies, Inc. to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology Technologies, Inc. represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX TechnologyTechnologies, Inc.:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft"ADraft) on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft RX Technologies, Inc. shall be imprinted by RX Technologyimprint each Draft, or show evidence of the electronic equivalent obtained through use of a terminal terminal, which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Inc. and any customer respecting any cash transaction hereunder shall be settled between RX Technology Inc. and such customer. , RX Technology Inc. agrees that in the event of a dispute, RX Technology Inc. shall reasonably address the customer's concern in a good faith manner.
(ii) RX Technology Inc. shall maintain a fair and consistent policy for exchange and return of merchandise and for the adjustment of amounts due on cash transactions and such policy shall be the same as available to credit customers.
(iii) When a refund or payment is due to a customer for return or adjustment, RX Technology Inc. shall prepare, execute and deliver to Six Flags The Great Escape or cause to be delivered to Six Flags The Great Escape a legible Refund Return Slip.
(iv) With respect to each legible Refund Return Slip presented to Six Flags The Great Escape hereunder, RX Technology Inc. represents and warrants that (A) the Refund Return Slip represents an amount lawfully due customer for the return or adjustment of Goods previously purchased in cash, (B) a sales draft relating to and including the amount of the Refund Return Slip was previously presented to Six Flags The Great Escape and/or transmitted hereunder, (cC) the Refund Return Slip does not duplicate information concerning the same transaction in any other Refund Return Slip unless Six Flags The Great Escape requests a resubmission, (D) the signature appearing on the Refund Return Slip is that of RX TechnologyTechnology Inc., and (E) RX Technology Inc. has complied fully with the terms of this Agreement.
(v) RX Technology Inc. agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags The Great Escape may, in its sole discretion: (A) deduct the amount of said return from RX Technology's Technology Inc.' share of the revenue from the Concession due and owing RX Technology, Technology Inc.. if any; (B) xxxx RX Technology Inc. in the amount of said return and RX Technology Technology, Inc. shall pay Six Flags The Great Escape the same within five (5) days of receipt therefor or (cC) demand payment from RX Technology Inc. in said amount and RX Technology Inc. shall pay Six Flags The Great Escape immediately upon receipt of Six Flags' The Great Escape demand. Failure of RX Technology Inc. to pay Six Flags The Great Escape as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology Inc. represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags The Great Escape upon notice to RX TechnologyTechnology Inc.:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six FlagsThe Great Escape, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX TechnologyTechnology Inc., or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: :
(i) Six Flags' The Great Escape name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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Returns and Adjustments. (i) All disputes between RX Technology Inc. and any customer Credit Card holder respecting any cash Credit Card transaction hereunder shall be settled between RX Technology Inc. and such customerCredit Card holder. RX Technology Inc. agrees that in the event of a Credit Card dispute, RX Technology Inc. shall reasonably address the customer's Credit Card holders concern in a good faith manner.
(ii) RX Technology Inc. shall maintain a fair and consistent policy for exchange and return of merchandise Goods and for the adjustment of amounts due on cash Credit Card transactions and such policy shall be the same as available to credit cash customers. RX Technology Inc. shall make no cash refunds or payments to Credit Card holders for returns or adjustments on Credit Card sales.
(iii) When a refund or payment is due to a customer Credit Card holder for return or adjustment, RX Technology Inc. shall prepare, execute and deliver to Six Flags The Great Escape or cause to be delivered to Six Flags The Great Escape a legible Refund Slipcredit adjustment memo on a form provided or approved by The Great Escape and deliver to the Credit Card holder a copy of the completed form. Each credit adjustment memo shall be imprinted with or contain the following: (A) The Great Escape name and merchant account number, (B) city and address where the credit or adjustment occurred, (C) Credit Card holder's name and Credit Card number, (D) Credit Card expiration date, (E) the date of the return or adjustment and the date of the initial transaction, if available, (F) the amount of the credit, and (G) a brief description of the Goods returned.
(iv) With respect to each legible Refund Slip credit adjustment memo presented to Six Flags The Great Escape and/or transmitted hereunder, RX Technology Inc. represents and warrants that that: (A) the Refund Slip credit adjustment memo represents an amount lawfully due customer to a Credit Card holder for the return or adjustment of Goods previously purchased in cashwith the Credit Card, (B) a sales draft relating to and including the amount of the Refund Slip credit memo was previously presented to Six Flags The Great Escape and/or transmitted hereunder, (cC) the Refund Slip credit adjustment memo does not duplicate information concerning the same transaction in any other Refund Slip credit slip unless Six Flags requests a resubmission, (D) the signature appearing on the Refund Slip credit adjustment memo is that of an authorized employee of RX TechnologyTechnology Inc., and (E) RX Technology Inc. has complied fully with the terms of this Agreement.
(v) RX Technology agrees that in the event Goods hereunder are returned on a day that said Goods were not purchased, Six Flags may, in its sole discretion: (A) deduct the amount of said return from RX Technology's share of the revenue from the Concession due and owing RX Technology, if any; (B) xxxx RX Technology in the amount of said return and RX Technology shall pay Six Flags the same within five (5) days of receipt therefor or (c) demand payment from RX Technology in said amount and RX Technology shall pay Six Flags immediately upon receipt of Six Flags' demand. Failure of RX Technology to pay Six Flags as set forth herein for any amount outstanding shall constitute a breach of the Agreement. Credit Card Procedures RX Technology represents and warrants that it shall follow the following Credit Card Procedures, as may be amended from time to time by Six Flags upon notice to RX Technology:
1. Each Credit Card sale shall be evidenced by a legible sales draft (the "Draft") on a form approved by Six Flags, indicating the full amount due for Goods sold hereunder.
2. Each Draft shall be imprinted by RX Technology, or show evidence of the electronic equivalent obtained through use of a terminal which reads the magnetic stripe on the Credit Card.
3. The Draft shall include the following information: (i) Six Flags' name and merchant account number, (ii) the city and state in which the transaction takes place, (iii) the information on the Credit card, including the account number, name and expiration date of the Credit Card, (iv) the date the transaction takes place and the price of the Goods, (v) total amount of the transaction, including all applicable taxes, (vi) description of Goods, and (vii) signature of the Credit Card holder.
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