Section 4-A-204. Refund of Payment and Duty of Customer to Report With Respect to Unauthorized Payment Order  


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  • (1) If a receiving bank accepts a payment order issued in the name  of
      its  customer as sender which is (a) not authorized and not effective as
      the order of the customer under Section 4-A-202, or (b) not enforceable,
      in whole or in part, against the customer  under  Section  4-A-203,  the
      bank  shall  refund  any  payment of the payment order received from the
      customer to the extent the bank is not entitled to enforce  payment  and
      shall pay interest on the refundable amount calculated from the date the
      bank  received  payment to the date of the refund. However, the customer
      is not entitled to interest from the bank on the amount to  be  refunded
      if  the  customer  fails to exercise ordinary care to determine that the
      order was not authorized by the customer and to notify the bank  of  the
      relevant  facts within a reasonable time not exceeding ninety days after
      the date the customer received notification from the bank that the order
      was accepted or that the customer's account was debited with respect  to
      the order. The bank is not entitled to any recovery from the customer on
      account  of  a failure by the customer to give notification as stated in
      this section.
        (2) Reasonable time under subsection (1) may be fixed by agreement  as
      stated  in  subsection  (1)  of  Section  1-204, but the obligation of a
      receiving bank to refund payment as stated in  subsection  (1)  may  not
      otherwise be varied by agreement.