Section 45.04.214. 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 a settlement for the item that is or becomes final, the bank may revoke the settlement given by it, charge back the amount of a 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 items, 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 according 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 AS 45.04.301, the section governing return of an item received by a payor bank for credit on its books.
   (d) The right to charge back is not affected by
        (1) previous use of a credit given for the item; or
        (2) failure by a 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 another 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 a 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.

Notes

History

(Sec. 4.214 ch 114 SLA 1962; am Sec. 107 ch 35 SLA 1993)