4.1 Submitting Charges and Credits
4.4 Submitting Charges and Credits – Electronically
4.5 Submitting Charges and Credits – Paper
4.6 Payments Errors and Adjustments
a.Establishments must submit Transactions, whether electronic or paper, in Local Currency, or in the case of an Establishment that we have approved for processing on the American Express multi-currency platform, in accordance with the Agreement, unless American Express otherwise agrees in writing or unless required by Applicable Law. You must submit all Charges and Credits under an Establishment Number of the Establishment where the Charge or Credit originated. A unique Establishment Number must be used for each Local Currency. Any currency conversions made by American Express pursuant to the Agreement shall be made as of the date of processing the Transaction by American Express or at such other date as American Express may provide notice. Unless a specific rate is required by Applicable Law, American Express will use conversion rates based on interbank rates that American Express selects from customary industry sources on the business day prior to the processing date.
b.If, after the effective date of the Agreement, an Establishment wishes to permit customers to make purchases or payments in a currency not listed in the Specifications and not previously agreed to by American Express as an eligible currency on the American Express multi-currency platform, you shall immediately notify American Express in writing; and you may, after written notice from American Express of our agreement to your submission of Charges in that currency, submit Charges in that currency. If American Express does not agree to your submission of Charges in a currency not listed in the Specifications, you must not submit Charges in such currency.
c.In all cases, submission and payment of Transactions will be subject to immediate review and amendment in the event that Applicable Law, regional volatility, or other unforeseen events inhibit the settlement operation for either party.
d.Transactions (including Charges and Credits) will be deemed accepted on a given business day if processed by us before our deadline for processing Charges and Credits for that day at the relevant location.
a.You must submit all Charges to us within seven (7) days of the date they are incurred, provided that you must wait to submit Charges until you have shipped the goods or provided the services to the Cardmember, after which you have seven (7) days to submit such Charges. Charges are deemed “incurred”, for purposes of the preceding sentence, on the date that the Cardmember agrees to pay for the goods or services purchased with the Card.
b.The deposit element of a Delayed Delivery Charge and any Advance Payment Charges may be submitted before the goods are shipped or services provided. See Subsection 2.3.4, " Delayed Delivery Charges" and Subsection 2.3.1, " Advance Payment Charges".
c.If you are located in the EEA or UK, you must not submit Charges where the full exact amount is not specified when the Cardmember consents to the Transaction. Without prejudice to our Chargeback rights generally, if you do so, and the Card is issued in the EEA or UK, we will have Chargeback rights for the full amount of the Charge for a period of one hundred and twenty (120) days from the date of submission of the Charge, and thereafter for any disputed portion of the Charge (up to and including the full amount). If the Cardmember consents to an adjusted Charge amount, we may exercise our Chargeback rights accordingly. A Cardmember may provide consent, e.g., by completing a valid CVM, excluding Cardmember signature, in the course of your following the procedures set out for an In-Person Charge in Section 2.1, "In-Person Charges".
a.You must create a Credit Record for every Credit and submit Credits to us within seven (7) days of determining that a Credit is due. You must not issue a Credit when there is no corresponding Charge. You must submit a Credit only for the value of the corresponding Charge, excluding the Merchant Service Fee. We will deduct the full amount of the Credit from our payment to you (or, if you have signed a direct debit mandate, debit your Bank Account), but if we cannot, then you must pay us promptly upon receipt of our notification. If you issue a Credit, we will not refund the Discount or any other fees or assessments previously applied on the corresponding Charge and may charge you a fee for processing the Credit. A credit shall be issued in the currency in which the original Charge was submitted to us.
b.You must issue Credits to the Card account used to make the original purchase, unless it was made with a Prepaid Card that is no longer available for the Cardmember's use, or unless the Credit is for a gift that is being returned by someone other than the Cardmember that made the original purchase, in which case you may apply your refund policy.
c.You must not give cash refunds to Cardmembers for goods or services they purchase on the Card, unless required by Applicable Law. You must disclose your refund policy to Cardmembers at the time of purchase and in compliance with Applicable Law.
a.If you have an electronic POS System, you must submit Charges and Credits electronically over communication links (Transmissions). Transmissions must comply with the Specifications. We need not accept any non-compliant Transmissions or Charge Data. You must place additional, less, or reformatted information on Transmissions within thirty (30) days written notice from us. Even if you transmit Charge Data electronically, you must still complete and retain Charge Records and Credit Records.
b.If you upgrade your POS System for Chip Card acceptance for Other Payment Products, you agree to comply with Specifications that we provide to you to enable Chip Card acceptance.
c.You must ensure your POS System meets all relevant mandates and certification requirements as required and in accordance with the compliance dates notified to you by American Express, including, but not limited to:
§POS Systems need to be American Express Chip/American Express Integrated Circuit Card Payment Specifications (AEIPS) compliant
§Contactless reader POS Systems need to be American Express Expresspay compliant
d.American Express may choose to notify you in writing or via its Merchant Specifications Website (www.americanexpress.com/merchantspecs) or its successor website.
e.Notwithstanding the foregoing, if commercially reasonable and not prohibited by any of your other agreements, you will work with us to configure your Card Authorisation, submission, and POS System equipment or systems to communicate directly with our systems for Authorisations and submissions of Charge Data.
a.If, due to extraordinary circumstances, you are required to submit Charges and Credits on paper, you must submit Charges and Credits in accordance with our instructions. We are not obliged to agree to paper submissions and we reserve the right to charge a fee for Charges and Credits submitted on paper. Such fee will be notified to you in advance.
a.If we determine at any time that we have paid you in error or that there is an error in American Express’ reconciliation of Charges (e.g., incorrect calculations, inclusion of another party’s charge forms, inclusion of invalid Card Numbers, etc.) and monies are due to American Express, we may exercise the right to Chargeback such erroneous amount to you or the relevant Establishment, in American Express’ discretion. If you receive any payment from us not owed to you under the Agreement, you must immediately notify us (by calling our telephone service centre) and your Service Provider (if applicable) and return such payment to us promptly. Whether or not we are notified, we have the right to withhold or deduct future payments to you or debit your Bank Account until we fully recover the amount.
b.You or your Establishments must notify American Express in writing of any error or omission in respect of the Discount or other fees or payments for Transactions or Chargebacks within ninety (90) days of the date of the statement containing such claimed error or omission. If you do not provide such notice within the required timeframe, American Express will consider the statement to be conclusively settled by you as complete and correct in respect of such amounts, except for any amounts owed to us. We have no obligation to pay any party other than you under the Agreement.
c.The adjustments described in this subsection will be calculated in the currency in which the related Charges were submitted or payment was made (as applicable), with applicable conversions made in accordance with the procedures herein.