§ 4209. Encoding and retention warranties.
(a) Encoding warranty.--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.
(b) Retention warranty.--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.
(c) Measure of damages for breach of warranty.--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. (July 9, 1992, P.L.507, No.97, eff. one year)
1992 Amendment. Act 97 added present section 4209 and renumbered former section 4209 to present section 4211.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 42 - Collection of Items: Depositary and Collecting Banks
Section 4202 - Responsibility for collection or return; when action timely
Section 4203 - Effect of instructions
Section 4204 - Methods of sending and presenting; sending directly to payor bank
Section 4205 - Depositary bank holder of unindorsed item
Section 4206 - Transfer between banks
Section 4207 - Transfer warranties
Section 4208 - Presentment warranties
Section 4209 - Encoding and retention warranties
Section 4210 - Security interest of collecting bank in items, accompanying documents and proceeds
Section 4211 - When bank gives value for purposes of holder in due course
Section 4213 - Medium and time of settlement by bank
Section 4214 - Right of charge-back or refund; liability of collecting bank; return of item