Common use of Right to Reject; Limitation of Liability Clause in Contracts

Right to Reject; Limitation of Liability. At ATB Financial’s discretion, ATB Financial reserves the right to reject any Deposit Item deposited through Remote Cheque Deposit. A Deposit Item may be returned to ATB Financial by the paying financial institution because, among other reasons, the paying financial institution determines that the Deposit Item cannot be processed, is illegible or is otherwise unacceptable. ATB Financial is not responsible for Deposit Items ATB Financial does not receive or for Images that are corrupted or not fully received. ATB Financial may charge back to the Account at any time any Deposit Item that ATB Financial subsequently determines was not eligible for deposit. If the deposit amount does not match the amount of the Image, ATB Financial may adjust the Account to reflect the amount on the Image received. The Client agrees that ATB Financial is not liable for any Damages the Client may incur as a result of ATB Financial’s chargeback or adjustment. The Client is responsible for any and all costs associated with obtaining a replacement negotiable Deposit Item in the event that ATB Financial requests the Client re-submit an Image and the original Deposit Item was destroyed or otherwise lost. If the Client does not comply with such request made pursuant to this Article 10, then ATB Financial may place a hold on or reverse any credit made to the Account in relation to the Deposit Item even if this creates an overdraft on the Account.

Appears in 2 contracts

Sources: Atb Business Solutions Agreement, Atb Business Solutions Agreement

Right to Reject; Limitation of Liability. At ATB Financial’s discretion, ATB Financial reserves the right to reject any Deposit Item deposited through Remote Cheque Deposit. A Deposit Item may be returned to ATB Financial by the paying financial institution because, among other reasons, the paying financial institution determines that the Deposit Item cannot be processed, is illegible or is otherwise unacceptable. ATB Financial is not responsible for Deposit Items ATB Financial does not receive or for Images that are corrupted or not fully received. ATB Financial may charge back to the Account at any time any Deposit Item that ATB Financial subsequently determines was not eligible for deposit. If the deposit amount does not match the amount of the Image, ATB Financial may adjust the Account to reflect the amount on the Image received. The Client agrees that ATB Financial is not liable for any Damages the Client may incur as a result of ATB Financial’s chargeback or adjustment. The Client is responsible for any and all costs associated with obtaining a replacement negotiable Deposit Item in the event that ATB Financial requests the Client re-submit an Image and the original Deposit Item was destroyed or otherwise lost. If the Client does not comply with such request made pursuant to this Article 1011, then ATB Financial may place a hold on or reverse any credit made to the Account in relation to the Deposit Item even if this creates an overdraft on the Account.

Appears in 1 contract

Sources: Business Solutions Agreement