Rhode Island General Laws
Part 2 - Collection of Items: Depositary and Collecting Banks
Section 6A-4-208. - Presentment warranties.

§ 6A-4-208. Presentment warranties.
(a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, (i) the person obtaining payment or acceptance, at the time of presentment, and (ii) a previous transferor of the draft, at the time of transfer, warrant to the drawee that pays or accepts the draft in good faith that:
(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft;
(2) The draft has not been altered; and
(3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized.
(b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft (i) breach of warranty is a defense to the obligation of the acceptor, and (ii) if the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection.
(c) If a drawee asserts a claim for breach of warranty under subsection (a) based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under § 6A-3-404 or 6A-3-405 or the drawer is precluded under § 6A-3-406 or 6A-4-406 from asserting against the drawee the unauthorized indorsement or alteration.
(d) If (i) a dishonored draft is presented for payment to the drawer or an indorser or (ii) any other item is presented for payment to a party obliged to pay the item, and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach.
(e) The warranties stated in subsections (a) and (d) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 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.
(f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
History of Section.P.L. 2000, ch. 238, § 4; P.L. 2000, ch. 421, § 4.

Structure Rhode Island General Laws

Rhode Island General Laws

Title 6A - Uniform Commercial Code

Chapter 6A-4 - Bank Deposits and Collections

Part 2 - Collection of Items: Depositary and Collecting Banks

Section 6A-4-201. - Status of collecting bank as agent and provisional status of credits — Applicability of article — Item indorsed “Pay Any Bank”.

Section 6A-4-202. - Responsibility for collection or return — When action timely.

Section 6A-4-203. - Effect of instructions.

Section 6A-4-204. - Methods of sending and presenting — Sending directly to payor bank.

Section 6A-4-205. - Depositary bank holder of unindorsed item.

Section 6A-4-206. - Transfer between banks.

Section 6A-4-207. - Transfer warranties.

Section 6A-4-208. - Presentment warranties.

Section 6A-4-209. - Encoding and retention warranties.

Section 6A-4-210. - Security interest of collecting bank in items, accompanying documents and proceeds.

Section 6A-4-211. - When bank gives value for purposes of holder in due course.

Section 6A-4-212. - Presentment by notice of item not payable by, through, or at bank — Liability of drawer or indorser.

Section 6A-4-213. - Medium and time of settlement by bank.

Section 6A-4-214. - Right of charge-back or refund — Liability of collecting bank — Return of item.

Section 6A-4-215. - Final payment of item by payor bank — When provisional debits and credits become final — When certain credits become available for withdrawal.

Section 6A-4-216. - Insolvency and preference.