Review of Statements. Depending on the type of account, we will mail or otherwise make account statements available to you. If we mail your statements, we will mail them to your address as shown on our records. If you request that we hold your mail, you agree that we have made your statements and items available to you on the date the statement is prepared. If your account provides for (i) your items to be held by us instead of included with your statement, or (ii) images of your items (referred to herein as “item images”), rather than the items themselves, to be included with your statement, the original items will be deemed to be made available to you when your statement is made available. We keep the original items only for a limited period of time, after which we keep copies of the items for as long as the law requires. You may obtain a copy of an original check for a charge per copy as permitted by applicable law and set forth in our Disclosure and Fee Schedule. You agree that you will not be allowed to claim, as an excuse for not promptly reviewing your statements and items or item images, that (i) the statements, items or item images were intercepted or concealed by another person, (ii) you no longer resided or received mail at the address we had for you in our account records, (iii) any other similar reason. For purposes of this section, an “irregular item” includes, but is not limited to, a check, other item or debit (electronic or otherwise) paid against your account which contains an unauthorized signature, lacks a required signature, contains a forged endorsement, lacks a required endorsement, constitutes an unauthorized withdrawal, is altered, or is otherwise irregular. You acknowledge that you are in the best position to discover any irregular item and any irregular transactions with respect to your account. You agree that you will promptly and carefully examine statements made available to you and any accompanying items or item images. We will not be liable for payments made and charged to your account unless you notify us of the error or other irregularity within 30 calendar days of the statement being made available to you. Furthermore, you agree that we will not be liable for paying any other irregular item which contains an unauthorized signature or alteration, or was otherwise initiated, by the same wrongdoer. We reserve the right to exercise all defenses and counterclaims in the event of a dispute regarding an item. Notwithstanding the foregoing paragraph, any item governed by the Check 21 Act, Regulation E, or VISA rules will be governed by the terms and timing of each individual rule.
Appears in 3 contracts
Samples: Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement
Review of Statements. Depending on the type of account, we will mail or otherwise make account statements available to you. If we mail your statements, we will mail them to your address as shown on our records. If you request that we hold your mail, you agree that we have made your statements and items available to you on the date the statement is prepared. If your account provides for (i) your items to be held by us instead of included with your statement, or (ii) images of your items (referred to herein as “item images”), rather than the items themselves, to be included with your statement, the original items will be deemed to be made available to you when your statement is made available. We keep the original items only for a limited period of time, after which we keep copies of the items for as long as the law requires. You may obtain a copy of an original check for a charge per copy as permitted by applicable law and set forth in our Disclosure and Fee Schedule. You agree that you will not be allowed to claim, as an excuse for not promptly reviewing your statements and items or item images, that (i) the statements, items or item images were intercepted or concealed by another person, (ii) you no longer resided or received mail at the address we had for you in our account records, (iii) any other similar reason. For purposes of this section, an “irregular item” includes, but is not limited to, a check, other item or debit (electronic or otherwise) paid against your account which contains an unauthorized signature, lacks a required signature, contains a forged endorsement, lacks a required endorsement, constitutes an unauthorized withdrawal, is altered, or is otherwise irregular. You agree that you will promptly and carefully examine statements made available to you and any accompanying items or item images. You acknowledge that you are in the best position to discover any irregular item and any irregular transactions with respect to your account. You agree that you will promptly and carefully examine statements made available Notwithstanding any provision of law to you and any accompanying items or item images. We will not be liable for payments made and charged to your account unless you notify us of the error or other irregularity within 30 calendar days of the statement being made available to you. Furthermorecontrary, you agree that we will not be liable for paying any other an irregular item which contains an unauthorized signature or alteration, or was otherwise initiated, by the same wrongdoer. We reserve the right to exercise all defenses and counterclaims in the event of a dispute regarding an item. Notwithstanding the foregoing paragraph, any item governed by the Check 21 Act, Regulation E, or VISA rules will be governed by the terms and timing of each individual rule.if:
Appears in 2 contracts
Samples: Deposit Account Agreement, Deposit Account Agreement