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§12A-4-406.
§12A-4-406.
CUSTOMER'S DUTY TO DISCOVER AND REPORT
UNAUTHORIZED SIGNATURE OR ALTERATION
(a) A bank that sends or makes available to a customer a statement of
account showing payment of items for the account shall either return
or make available to the customer the items paid or provide
information in the statement of account sufficient to allow the
customer reasonably to identify the items paid. The statement of
account provides sufficient information if the item is described by
item number, amount, and date of payment.
(b) If the items are not returned to the customer, the person
retaining the items shall either retain the items or, if the items are
destroyed, maintain the capacity to furnish legible copies of the
items until the expiration of seven (7) years after receipt of the
items. A customer may request an item from the bank that paid the
item, and that bank must provide in a reasonable time either the item
or, if the item has been destroyed or is not otherwise obtainable, a
legible copy of the item.
(c) If a bank sends or makes available a statement of account or items
pursuant to subsection (a) of this section, the customer must exercise
reasonable promptness in examining the statement or the items to
determine whether any payment was not authorized because of an
alteration of an item or because a purported signature by or on behalf
of the customer was not authorized. If, based on the statement or
items provided, the customer should reasonably have discovered the
unauthorized payment, the customer must promptly notify the bank of
the relevant facts.
(d) If the bank proves that the customer failed, with respect to an
item, to comply with the duties imposed on the customer by subsection
(c) of this section, the customer is precluded from asserting against
the bank:
(1) The customer's unauthorized signature or any alteration on the
item, if the bank also proves that it suffered a loss by reason of the
failure; and
(2) The customer's unauthorized signature or alteration by the same
wrongdoer on any other item paid in good faith by the bank if the
payment was made before the bank received notice from the customer of
the unauthorized signature or alteration and after the customer had
been afforded a reasonable period of time, not exceeding thirty (30)
days, in which to examine the item or statement of account and notify
the bank.
(e) If subsection (d) of this section applies and the customer proves
that the bank failed to exercise ordinary care in paying the item and
that the failure substantially contributed to loss, the loss is
allocated between the customer precluded and the bank asserting the
preclusion according to the extent to which the failure of the
customer to comply with subsection (c) of this section and the failure
of the bank to exercise ordinary care contributed to the loss. If the
customer proves that the bank did not pay the item in good faith, the
preclusion under subsection (d) of this section does not apply.
(f) Without regard to care or lack of care of either the customer or
the bank, a customer who does not within one (1) year after the
statement or items are made available to the customer (subsection (a)
of this section) discover and report the customer's unauthorized
signature on or any alteration on the item is precluded from asserting
against the bank the unauthorized signature or alteration. If there is
a preclusion under this subsection, the payor bank may not recover for
breach of warranty under Section 4-208 of this title with respect to
the unauthorized signature or alteration to which the preclusion
applies.
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