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§12A-4-207.
§12A-4-207.
TRANSFER WARRANTIES
(a) A customer or collecting bank that transfers an item and receives
a settlement or other consideration warrants to the transferee and to
any subsequent collecting bank that:
(1) The warrantor is a person entitled to enforce the item;
(2) All signatures on the item are authentic and authorized;
(3) The item has not been altered;
(4) The item is not subject to a defense or claim in recoupment
(subsection (a) of Section 3-305 of this title) of any party that can
be asserted against the warrantor; and
(5) The warrantor has no knowledge of any insolvency proceeding
commenced with respect to the maker or acceptor or, in the case of an
unaccepted draft, the drawer.
(b) If an item is dishonored, a customer or collecting bank
transferring the item and receiving settlement or other consideration
is obliged to pay the amount due on the item (i) according to the
terms of the item at the time it was transferred, or (ii) if the
transfer was of an incomplete item, according to its terms when
completed as stated in Sections 3-115 and 3-407 of this title. The
obligation of a transferor is owed to the transferee and to any
subsequent collecting bank that takes the item in good faith. A
transferor cannot disclaim its obligation under this subsection by an
indorsement stating that it is made "without recourse" or otherwise
disclaiming liability.
(c) A person to whom the warranties under subsection (a) of this
section are made and who took the item in good faith may recover from
the warrantor as damages for breach of warranty an amount equal to the
loss suffered as a result of the breach, but not more than the amount
of the item plus expenses and loss of interest incurred as a result of
the breach.
(d) The warranties stated in subsection (a) of this section cannot be
disclaimed with respect to checks. Unless notice of a claim for breach
of warranty is given to the warrantor within thirty (30) days after
the claimant has reason to know of the breach and the identity of the
warrantor, the warrantor is discharged to the extent of any loss
caused by the delay in giving notice of the claim.
(e) A claim for relief for breach of warranty under this section
accrues when the claimant has reason to know of the breach.
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