Common use of Check Endorsement Clause in Contracts

Check Endorsement. We are legally entitled to a valid and unqualified endorsement from you, and you give us the irrevocable right to place such an endorsement on the check. You agree to reimburse us for our losses caused by your failure to endorse a check exactly as drawn or you deposit a check that contains multiple endorsements, or a missing or improper endorsement. Because improper endorsement may result in a chargeback of a check or delay in processing, it is important that you endorse checks correctly. All checks you cash or deposit into your Account must be endorsed in the first 1.5 inches of the trailing edge on the back of the check. The trailing edge is the left side of the check when you look at it from the front. If your endorsement obscures our Bank’s endorsement, you are liable for checks that are returned late or unpaid. We provide imaged copies of the checks you write with your Account statement. We will retain a copy of the Item for such time as might be required by law; otherwise, we have no obligation to retain the copy. You agree that our statements provide sufficient information to determine the identification and authenticity of any transaction, including, without limit, whether any are forged, altered or unauthorized, if the statement includes the Item number, amount, and the date the Item posted to your Account. We may, at our discretion, create electronic images of checks drawn on or deposited by you to your Account and provide such Image Replacement Documents (“IRDs”) for all purposes in lieu of an original check. We may also, at our discretion, accept, act upon, and provide copies of IRDs received from other depository institutions, in lieu of an original check. In addition, electronic images may be converted to a Substitute Check. Refer to the Substitute Check section for additional information. We may destroy any original check, which is electronically imaged. The term facsimile signature refers to any method used by you to sign a check other than your handwritten signature. If you use a facsimile signature, you are responsible for any withdrawal from your Account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. You authorize us to accept and pay any such check bearing or purporting to bear your facsimile signature regardless of by whom or by what means the facsimile signature came to be placed on the check. You agree to assume full responsibility for the use of a facsimile signature and we will not be liable to you even if the facsimile signature was placed on the check without your authority. We do not offer Accounts for which two or more signatures are required for a withdrawal. If you indicate on your checks or signature card or other Account documents that more than one signature is required for withdrawal, this indication is for your own personal purposes. It is not binding on us. We may pay out funds from your Account if the check, Item, or other withdrawal instruction is signed or approved by any one of the persons authorized to sign on the Account. We are not liable to you if we do this.

Appears in 3 contracts

Sources: Personal Deposit Agreement, Personal Deposit Agreement, Personal Deposit Agreement

Check Endorsement. We are legally entitled to a valid and unqualified endorsement from you, and you give us Federal regulations provide that the irrevocable right to place such an endorsement on the check. You agree to reimburse us for our losses caused by your failure to endorse a check exactly as drawn or you deposit a check that contains multiple endorsements, or a missing or improper endorsement. Because improper endorsement may result in a chargeback of a check or delay in processing, it is important that you endorse checks correctly. All checks you cash or deposit into your Account must be endorsed in the first 1.5 top 1-1/2 inches of the trailing edge on the back of a check (when read vertically from the trailing edge) are designated for your endorsement as payee. If you endorse a check in the area outside of the endorsement area, mark or otherwise obscure the other area, or make an endorsement which is illegible or incomplete, you agree to hold us harmless from any loss, delay, liability, claim, or damage which occurs as a result. If we do not return your paid checks to you, images of the checks may be sent or made available to you with your periodic statement. Your original checks may be destroyed shortly after we process the checks, but we will maintain a record of the checks for a reasonable time period. You can obtain copies of your checks by sending us a written request with the following information: your name, account number, check number, the amount of the check, and (if known) the date the check was paid. There may be a research charge for obtaining copies of certain checks; if applicable, we will charge your account a fee for each copy (including the front and back of the check). If you have access to our online banking system, you may also be able to view copies of your checks there. We will not be responsible for any indirect, special or consequential damages under any circumstances for our inability to provide copies of checks. Our liability, if any, will not exceed the face amount of the check in question, and you must provide us with reasonable proof of any loss. If we receive an item for payment on a weekend or a holiday, we may treat it as if we had received it on the next Business Day. Our processing cutoff hour with respect to any knowledge, notice, stop payment or postdated check order, or legal process received by us involving a check is one hour after the opening of the Business Day following the Business Day on which we receive the check. The trailing edge cutoff hour with respect to setoffs exercised by us is the left side midnight of the check when you look at it from Business Day following the frontBusiness Day we receive a check, or such later time by which we must return the check. If your endorsement obscures The cutoff hour determines our Bank’s endorsement, you are liable for obligation under state law to pay or return certain checks that are returned late or unpaidhave been received (but not finally paid) by us on the previous Business Day. We provide imaged copies of the checks you write with your Account statementhave automated collection and payment procedures that rely primarily on information encoded on each check or item in magnetic ink for paying or processing an item. We may rely on the information encoded on the check’s magnetic ink character recognition (MICR) line, according to general banking standards, whether or not that information is consistent with the other information on the item. You will retain a copy of reimburse us for any loss or expense we incur because you issue or deposit an item containing altered or extra information in the Item for such time as might be required by law; otherwise, we have no obligation to retain the copyMICR line. You agree that our statements provide sufficient information to determine the identification automated check processing is reasonable and authenticity of any transactionthat you have responsibility for preventing and reporting forgeries, including, without limit, whether any are forged, altered or unauthorized, if the statement includes the Item number, amountalterations, and the date the Item posted to your Account. We may, at our discretion, create electronic images of checks drawn on or deposited by you to your Account and provide such Image Replacement Documents (“IRDs”) for all purposes in lieu of an original check. We may also, at our discretion, accept, act upon, and provide copies of IRDs received from other depository institutions, in lieu of an original check. In addition, electronic images may be converted to a Substitute Check. Refer to the Substitute Check section for additional information. We may destroy any original check, which is electronically imaged. The term facsimile signature refers to any method used by you to sign a check other than your handwritten signature. If you use a facsimile signature, you are responsible for any withdrawal from your Account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. You authorize us to accept and pay any such check bearing or purporting to bear your facsimile signature regardless of by whom or by what means the facsimile signature came to be placed on the check. You agree to assume full responsibility for the unauthorized use of a facsimile signature and we will not be liable to you even if the facsimile signature was placed on the check without your authorityaccount. We do not offer Accounts for which two fail to exercise ordinary care by posting or more signatures are required for a withdrawal. If you indicate on your checks or signature card or other Account documents that more than one signature is required for withdrawal, this indication is for your own personal purposes. It is not binding on us. We may pay out funds from your Account if the check, Item, or other withdrawal instruction is signed or approved by any one paying items without sight examination of the persons authorized to sign on items. The Bank’s own policies and procedures are used solely for our internal reasons and do not establish a higher standard of care for the Account. We are not liable to you if we do thisBank other than that which is provided by law or regulation.

Appears in 2 contracts

Sources: Deposit Account Agreement, Deposit Account Agreement

Check Endorsement. We are legally entitled Federal regulations provide that the top 1-1/2 inches on the back of a check (when read vertically from the trailing edge) is designated for your endorsement as payee . If you endorse a check in the area outside of the endorsement area, mark or otherwise obscure the other area, or make an endorsement which is illegible or incomplete, you agree to hold us harmless from any loss, delay, liability, claim, or damage which occurs as a valid and unqualified endorsement from result . Check Imaging. If you receive our check imaging service, we will send images of your canceled checks to you with your monthly statements (Certain business clients may receive images of their checks on a CD-ROM disk) . Your canceled checks will not be returned to you, but will be destroyed shortly after we process your statement . We will maintain an image of each check for seven years . In some cases, checks you write may be converted into electronic images (truncated) during the check collection and you give return process and we will receive copies of your checks, rather than originals . You can obtain copies of your checks by sending us a written request with the irrevocable right to place such an endorsement on following information: your name, account number, check number, the amount of the check, and (if known) the date the check was paid . We will not be responsible for any indirect, special or consequential damages under any circumstances for our inability to provide copies of checks . Our liability, if any, will not exceed the face amount of the check in question . You agree to reimburse provide us for our losses caused by your failure with reasonable proof of any loss . Item Processing Cutoff Hour. Our processing cutoff hour with respect to endorse a check exactly as drawn any knowledge, notice, stop payment or you deposit a check that contains multiple endorsementspostdated item order, or a missing or improper endorsement. Because improper endorsement may result in a chargeback of a check or delay in processing, it legal process received by us involving an item is important that you endorse checks correctly. All checks you cash or deposit into your Account must be endorsed in one hour after the first 1.5 inches opening of the trailing edge banking day following the banking day on which we receive the item . The cutoff hour with respect to setoffs exercised by us is midnight of the banking day following the banking day we receive an item, or such later time by which we must return the item . The cutoff hour determines our obligation under state law to pay or return certain items that have been received (but not finally paid) by us on the back of the checkprevious banking day . The trailing edge is the left side of the check when you look at it from the front. If your endorsement obscures our Bank’s endorsement, you are liable for checks that are returned late or unpaidCheck Examination. We provide imaged copies of process checks by automated means based on information encoded on the checks you write with your Account statement. We will retain a copy of the Item for such time as might be required by law; otherwise, we have no obligation may not physically examine all checks to retain the copydetermine if they are properly signed or completed . You agree that we may rely on such a process and that it will be deemed an acceptable standard of care on our statements provide sufficient information to determine the identification and authenticity of any transaction, including, without limit, whether any are forged, altered part . Checks Lost or unauthorized, if the statement includes the Item number, amount, and the date the Item posted to your Account. We may, at our discretion, create electronic images of checks drawn on or deposited by you to your Account and provide such Image Replacement Documents (“IRDs”) for all purposes in lieu of an original check. We may also, at our discretion, accept, act upon, and provide copies of IRDs received from other depository institutions, in lieu of an original check. In addition, electronic images may be converted to a Substitute Check. Refer to the Substitute Check section for additional information. We may destroy any original check, which is electronically imaged. The term facsimile signature refers to any method used by you to sign a check other than your handwritten signature. If you use a facsimile signature, you are responsible for any withdrawal from your Account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. You authorize us to accept and pay any such check bearing or purporting to bear your facsimile signature regardless of by whom or by what means the facsimile signature came to be placed on the checkStolen. You agree to assume full responsibility for the safeguard your blank and canceled checks, and to take reasonable steps to prevent their unauthorized use of a facsimile signature and we will not be liable to you even if the facsimile signature was placed on the check without your authority. We do not offer Accounts for which two or more signatures are required for a withdrawal. If you indicate on are a business, you should store them under dual control in a secure, locked location that is accessible only to authorized personnel . If your checks are lost or signature card stolen, you agree to notify us immediately . For security reasons, we reserve the right to close your account and transfer the balance to a new account . If we do, all checks written but not yet paid may be returned to payees as “Account Closed” or other Account documents that more than one signature is required “Refer to Maker” . You will be responsible for withdrawal, this indication is for your own personal purposesissuing any replacement checks . It is not binding on us. We may pay out funds from your Account if the check, Item, or other withdrawal instruction is signed or approved by any one of the persons authorized to sign on the Account. We are not liable to you if we do this.When you

Appears in 1 contract

Sources: Account Agreement

Check Endorsement. We are legally entitled to a valid and unqualified endorsement from you, and you give us the irrevocable right to place such an endorsement on the check. You agree to reimburse us for our losses caused by your failure to endorse a check exactly as drawn or you deposit a check that contains multiple endorsements, or a missing or improper endorsement. Because improper endorsement may result in a chargeback of a check or delay in processing, it is important that you endorse checks correctly. All checks you cash or deposit into your Account must be endorsed in the first 1.5 inches of the trailing edge on the back of the check. The trailing edge is the left side of the check when you look at it from the front. If your endorsement obscures our Bank’s endorsement, you are liable for checks that are returned late or unpaid. We provide imaged copies of the checks you write with your Account statement. We will retain a copy of the Item item for such time as might be required by law; otherwise, we have no obligation to retain the copy. You agree that our statements provide sufficient information to determine the identification and authenticity of any transaction, including, without limit, whether any are forged, altered or unauthorized, if the statement includes the Item item number, amount, and the date the Item item posted to your Account. We may, at our discretion, create electronic images of checks drawn on or deposited by you to your Account and provide such Image Replacement Documents (“IRDs”) for all purposes in lieu of an original check. We may also, at our discretion, accept, act upon, and provide copies of IRDs received from other depository institutions, in lieu of an original check. In addition, electronic images may be converted to a Substitute Check. Refer to the Substitute Check section for additional information. We may destroy any original check, which is electronically imaged. The term facsimile signature refers to any method used by you to sign a check other than your handwritten signature. If you use a facsimile signature, you are responsible for any withdrawal from your Account that bears or appears to us to bear a facsimile signature that resembles or purports to be the signature of a person authorized to withdraw funds. You authorize us to accept and pay any such check bearing or purporting to bear your facsimile signature regardless of by whom or by what means the facsimile signature came to be placed on the check. You agree to assume full responsibility for the use of a facsimile signature and we will not be liable to you even if the facsimile signature was placed on the check without your authority. We do not offer Accounts for which two or more signatures are required for a withdrawal. If you indicate on your checks or signature card or other Account documents that more than one signature is required for withdrawal, this indication is for your own personal purposes. It is not binding on us. We may pay out funds from your Account if the check, Item, or other withdrawal instruction is signed or approved by any one of the persons authorized to sign on the Account. We are not liable to you if we do this.

Appears in 1 contract

Sources: Personal Deposit Agreement