Title 11, Chapter 4, Section 214
( 11-4-214)
Right of charge-back or refund; liability of collecting bank; return of item. (a) If a collecting bank has made provisional settlement with its
customer for an item and fails by reason of dishonor, suspension of
payments by a bank, or otherwise to receive settlement for the item
which is or becomes final, the bank may revoke the settlement given
by it, charge back the amount of any credit given for the item to
its customer's account, or obtain refund from its customer, whether
or not it is able to return the item, if by its midnight deadline or
within a longer reasonable time after it learns the facts it returns
the item or sends notification of the facts. If the return or
notice is delayed beyond the bank's midnight deadline or a longer
reasonable time after it learns the facts, the bank may revoke the
settlement, charge back the credit, or obtain refund from its
customer, but it is liable for any loss resulting from the delay.
These rights to revoke, charge back, and obtain refund terminate if
and when a settlement for the item received by the bank is or
becomes final. (b) A collecting bank returns an item when it is sent or delivered
to the bank's customer or transferor or pursuant to its
instructions. (c) A depositary bank that is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the Code section governing return of an item received by a payor bank for credit on its books (Code Section 11-4-301). (d) The right to charge back is not affected by: (1) Previous use of a credit given for the item; or (2) Failure by any bank to exercise ordinary care with respect to
the item, but a bank so failing remains liable. (e) A failure to charge back or claim refund does not affect other
rights of the bank against the customer or any other party. (f) If credit is given in dollars as the equivalent of the value of
an item payable in foreign money, the dollar amount of any
charge-back or refund must be calculated on the basis of the
bank-offered spot rate for the foreign money prevailing on the day
when the person entitled to the charge-back or refund learns that it
will not receive payment in ordinary course. |