Okla. Stat. tit. 12A, § 12A-4-207
This is the official text of Okla. Stat. tit. 12A, § 12A-4-207, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Transfer Warranties
Official statutory text
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;
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 338
(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.
(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;
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 338
(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.
Status: in_force · Read it on the official government site
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