Common use of User Warranties Clause in Contracts

User Warranties. With respect to each and every Check you use to create an image using the Services and every Remote Item you transmit to the Credit Union, you represent and warrant to the Credit Union that: (a) you assume responsibility for any Check that is transmitted which for any reason is not paid; (b) you are a person entitled to enforce the Check; (c) neither the Check nor the Remote Item is counterfeit; (d) neither the Check nor the Remote Item has been altered; (e) neither the Check nor any image of the Check has been paid; (f) no depository institution, drawee, drawer, or endorser will receive presentment or return of, or otherwise be charged for, an item transmitted as a Remote Item, or any check or item derived from such Remote Item, such that said person will be asked to make a payment based on an item that it has already paid; (g) the Member shall properly endorse each Check and deposit said Check to an account at Credit Union that matches the name of the Member; (h) the Member shall deposit only checks made payable to the Member; (i) neither the Check nor the Image is subject to a defense or claim in recoupment that can be asserted against the Member; (j) the Member has no knowledge of any insolvency proceeding commenced with respect to the Member or in the case of an unaccepted check, the drawer; (k) all information provided by the Member to the Credit Union is accurate and true; (l) files submitted by the Member to the Credit Union do not contain computer viruses or malware;

Appears in 5 contracts

Samples: Membership Agreement, Membership Agreement, Membership Agreement

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User Warranties. With respect to each and every Check you use to create an image using the Services and every Remote Item you transmit to the Credit Union, you represent and warrant to the Credit Union that: (a) you assume responsibility for any Check that is transmitted which for any reason is not paid; (b) you are a person entitled to enforce the Check; (c) neither the Check nor the Remote Item is counterfeit; (d) neither the Check nor the Remote Item has been altered; (e) neither the Check nor any image of the Check has been paid; (f) no depository institutionCredit Union, drawee, drawer, or endorser will receive presentment or return of, or of otherwise be charged for, an item transmitted as a Remote Item, or any check or item derived from such Remote Item, such that said person will be asked to make a payment based on an item that it has already paid; (g) the Member Customer shall properly endorse each Check and deposit said Check to an account at Credit Union that matches the name of the MemberCustomer, in accordance with Section 8; (h) the Member Customer shall deposit only checks made payable to the MemberCustomer, unless otherwise allowed under Section 8 of this Agreement; (i) neither the Check nor the Image is subject to a defense or claim in recoupment that can be asserted against the MemberCustomer; (j) the Member Customer has no knowledge of any insolvency proceeding commenced with respect to the Member Customer or in the case of an unaccepted check, the drawer; (k) all information provided by the Member Customer to the Credit Union is accurate and true; (l) files submitted by the Member Customer to the Credit Union do not contain computer viruses or malware;

Appears in 1 contract

Samples: Banking User Agreement

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