Common use of Rights of the Bank Clause in Contracts

Rights of the Bank. 12.1 Nothing in this Agreement shall affect the Bank's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Account Holder, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount debited to the New Zealand Dollar Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardmember, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount of Charges in the New Zealand Dollar Card Account attributable to his/her own use of a Card. For the purpose of set-off of funds in any currency other than New Zealand Dollars, the Bank may convert the currency into New Zealand Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 12.3(b) and 12.3(c), it shall promptly notify the Account Holder or, as the case may be, the Cardmember to which such exercise of rights relates. 12.4 The Bank is entitled to check the Account Holder’s and/or the Cardmember’s credit standing at any time as and when it deems fit and appropriate without reference to the Account Holder and/or the Cardmember. 12.5 The Bank shall be entitled to appoint agent(s) for various services as the Bank thinks fit and appropriate which shall include but is not limited to Card processing or collection of all sums due and the Bank shall be entitled in its absolute discretion to disclose to such agent(s), without giving any notice to you or providing any reason, all information pertaining to the Card to facilitate the services rendered by such agent(s) on behalf of the Bank. 12.6 We may refuse to work with an Account holder’s/Xxxxxxxxxx’s Authorised person/representative if we reasonably believe that the person is not acting in the interests of the Accountholder/cardmember, or where we have reasonable grounds (such as when the person has acted abusively towards our staff).

Rights of the Bank. 12.1 Nothing in this Agreement shall affect the Bank's right of set-offset‐off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off set‐off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Account Holder, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount debited to the New Zealand Dollar Card Account; and (c) to set-off set‐off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardmember, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount of Charges in the New Zealand Dollar Card Account attributable to his/her own use of a Card. For the purpose of set-off set‐off of funds in any currency other than New Zealand Dollars, the Bank may convert the currency into New Zealand Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 12.3(b12.2(b) and 12.3(c12.2(c), it shall promptly notify the Account Holder or, as the case may be, the Cardmember to which such exercise of rights relates. 12.4 12.3 The Bank is entitled to check the Account Holder’s and/or the Cardmember’s credit standing at any time as and when it deems fit and appropriate without reference notice to the Account Holder and/or the Cardmember. 12.5 12.4 The Bank shall be entitled to appoint agent(s) for various services as the Bank thinks fit and appropriate which shall include but is not limited to Card processing or collection of all sums due and the Bank shall be entitled in its absolute discretion to disclose to such agent(s), without giving any notice to you the Account Holder and/or the Cardmember(s) or providing any reason, all information pertaining to the Card to facilitate the services rendered by such agent(s) on behalf of the Bank. 12.6 We may refuse to work with an Account holder’s/Xxxxxxxxxx’s Authorised person/representative if we reasonably believe that the person is not acting in the interests of the Accountholder/cardmember, or where we have reasonable grounds (such as when the person has acted abusively towards our staff).

Rights of the Bank. 12.1 Nothing in this Agreement shall affect the Bank's right of set-offset‐off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off set‐off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Account Holder, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount debited to the New Zealand Dollar Card Account; and (c) to set-off set‐off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardmember, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount of Charges in the New Zealand Dollar Card Account attributable to his/her own use of a Card. For the purpose of set-off set‐off of funds in any currency other than New Zealand Dollars, the Bank may convert the currency into New Zealand Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 12.3(b12.2(b) and 12.3(c12.2(c), it shall promptly notify the Account Holder or, as the case may be, the Cardmember to which such exercise of rights relates. 12.4 12.3 The Bank is entitled to check the Account Holder’s and/or the Cardmember’s credit standing at any time as and when it deems fit and appropriate without reference notice to the Account Holder and/or the Cardmember. 12.5 12.4 The Bank shall be entitled to appoint agent(s) for various services as the Bank thinks fit and appropriate which shall include but is not limited to Card processing or collection of all sums due and the Bank shall be entitled in its absolute discretion to disclose to such agent(s), without giving any notice to you the Account Holder and/or the Cardmember(s) or providing any reason, all information pertaining to the Card to facilitate the services rendered by such agent(s) on behalf of the Bank. 12.6 We may refuse to work with an Account holder’s/Xxxxxxxxxx’s Authorised person/representative if we reasonably believe that the person is not acting in the interests of the Accountholder/cardmember, or where we have reasonable grounds (such as when the person has acted abusively towards our staff).

Rights of the Bank. 12.1 14.1 Nothing in this Agreement shall affect the Bank's right of set-off, transfer and application of monies at law or pursuant to any other agreement from time to time subsisting between the Bank and any Person. 12.2 Any credit to be given in respect of Charges will be applied by the Bank to the applicable Card Account only after deduction of any costs (including but not limited to collection and remittance costs), if any, so incurred to the Bank for applying the credit. 12.3 14.2 The Bank is entitled (but not legally obliged): (a) to give effect to any instruction given by any Person to effect payment of sums due under this Agreement from another account with the Bank; (b) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of the Account Holder, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount debited to the New Zealand Dollar relevant Card Account; and (c) to set-off or transfer, at any time and without prior notice, any monies of whatever description standing in the books of the Bank to the credit of a Cardmemberthe Account Holder, whether held singly or jointly with others and whether in New Zealand Dollars or any other currency in or towards discharge of the total amount of Charges in the New Zealand Dollar relevant Card Account attributable to his/her own use of a the Card. For the purpose of set-off of funds in any currency other than New Zealand Dollars, the Bank may convert the currency into New Zealand Dollars at the prevailing exchange rate determined by the Bank at the time of conversion. If the Bank exercises its rights under this Clause 12.3(b) and 12.3(c)14.2, it shall promptly notify the Account Holder or, as the case may be, the Cardmember to which such exercise of rights relatesHolder. 12.4 14.3 The Bank is entitled to check the Account Holder’s and/or the CardmemberXxxxxx’s credit standing at any time as and when it deems fit and appropriate without reference notice to the Account Holder and/or the CardmemberHolder. 12.5 14.4 The Bank shall be entitled to appoint agent(s) for various services as the Bank thinks fit and appropriate which shall include but is not limited to Card processing or collection of all sums due and the Bank shall be entitled in its absolute discretion to disclose to such agent(s), without giving any notice to you the Account Holder or providing any reason, all information pertaining to the Card to facilitate the services rendered by such agent(s) on behalf of the Bank. 12.6 We may refuse to work with an Account holder’s/Xxxxxxxxxx’s Authorised person/representative if we reasonably believe that the person is not acting in the interests of the Accountholder/cardmember, or where we have reasonable grounds (such as when the person has acted abusively towards our staff).