AUTHORIZATION. Above named Supplier hereby authorizes Marmon Holdings, Inc. and/or its subsidiaries (collectively, “Marmon”) to originate one‐time or recurring Automated Clearing House (ACH) CCD transactions (as credit and debit entries) or wire transfers to/from Supplier’s bank account, as indicated above, for payment (or recovery of overpayments) for goods and/or services pursuant to invoices or other payment requests provided to Marmon by Supplier and the payment terms applicable thereto. Supplier acknowledges acceptance of these terms and conditions and certifies that Supplier has read and understands the information contained above. Supplier hereby authorizes Marmon to deposit payments and make overpayment adjusting debits to Supplier’s bank account as designated above.
CANCELLATION / CHANGE OF ACCOUNT. This Agreement remains in effect until canceled in writing by the Supplier or until the Agreement is terminated by Marmon. Payments to Supplier will be deposited into the bank account designated above until Marmon is notified in writing that Supplier wishes to cancel this Agreement or designate a different bank account. To make any changes to or cancel this Agreement, Supplier must provide at least thirty (30) days written notice to the address shown below. Subsequent requests for changes to bank account information must be received on Supplier’s letterhead at the address below. Requests to change bank account information received in any other form (e.g., e‐mail, facsimile, etc.) will not be accepted. Notices of cancellation of this Agreement shall in no way affect credit or debit entries initiated prior to actual receipt and processing of notice. Supplier understands that Marmon may suspend or terminate this Agreement at any time.
ERRORS IN DEPOSIT OF FUNDS. Supplier is responsible for all information provided above. If any action or inaction taken by Marmon results in non‐acceptance of an ACH deposit or wire transfer by the designated bank, Supplier acknowledges that Marmon has no responsibility to issue another payment until the funds for the non‐accepted deposit are returned to Marmon by the bank. If non‐acceptance by the Bank is the result of action or inaction taken by the Supplier, late fees and penalties (including consequential damages caused by this non‐acceptance) do not apply. In the event that an erroneous ACH payment occurs, creating an overpayment, Marmon reserves the right to debit your account for an amount not to exceed the amount of the erroneous ACH payment. In the event that a debit adjustment cannot be implemented, Marmon may utilize any other lawful means to recover payments to which Supplier is not entitled, including deducting the amount owed from future payments until the total overpayment is recovered.
Both parties agree to be bound be NACHA Operating Rules pertaining to ACH transactions processed under this Agreement.
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