Michigan Compiled Laws
174-1962-4-2 - Part 2 Collection of Items: Depositary and Collecting Banks (440.4201...440.4216)
Section 440.4209 - Electronic Presentment; Encoding of Information and Retaining Items; Warranties; Recovery of Damages, Expenses, and Loss of Interest.

Sec. 4209.
(1) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty.
(2) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty.
(3) A person to whom warranties are made under this section 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, plus expenses and loss of interest incurred as a result of the breach.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 1993, Act 130, Eff. Sept. 30, 1993

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 440 - Uniform Commercial Code

Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)

Article 4 - Bank Deposits and Collections (440.4101...440.4504)

174-1962-4-2 - Part 2 Collection of Items: Depositary and Collecting Banks (440.4201...440.4216)

Section 440.4201 - Agency Status of Banks; Provisional Status of Credits; Applicability of Article; Endorsement With Pay Any Bank.

Section 440.4202 - Collecting Bank; Duties; Exercising Ordinary Care; Liability.

Section 440.4203 - Collecting Bank; Instructions From Transferor.

Section 440.4204 - Collecting Bank; Methods of Sending Items; Presentment.

Section 440.4205 - Depositary Bank; Item Delivered by Customer for Collection.

Section 440.4206 - Transfer Between Banks.

Section 440.4207 - Warranties of Customer and Collecting Bank on Transfer of Items; Accrual of Cause of Action.

Section 440.4208 - Presentment of Unaccepted or Dishonored Draft; Warranties of Person Obtaining Payment and Prior Transferor; Discharge; Accrual of Cause of Action.

Section 440.4209 - Electronic Presentment; Encoding of Information and Retaining Items; Warranties; Recovery of Damages, Expenses, and Loss of Interest.

Section 440.4210 - Security Interest of Collecting Bank in Items, Accompanying Documents, or Proceeds.

Section 440.4211 - Bank With Security Interest as Holder in Due Course.

Section 440.4212 - Presentment by Notice of Item Not Payable By, Through, or at a Bank; Treating Item as Dishonored.

Section 440.4213 - Settlement; Medium and Time.

Section 440.4214 - Right to Charge-Back or Refund.

Section 440.4215 - Final Payment of Items by Payor Bank; Final Credit; Availability of Credit for Withdrawal.

Section 440.4216 - Payor or Collecting Bank; Suspension of Payments.