General Terms and Conditions Governing Banking with Credit Bank PLC
The relationship between the Bank and the Customer is governed by the Laws of Kenya, except where the following general terms and conditions apply and are subject to any further agreement in writing.
Specific terms apply to specific products and are available to the customer upon request.
1.1 Customer’s Instructions
The Customer requests the Bank to honour and to debit to his account all cheques, instructions drafts, bills, promissory notes, acceptances, negotiable instruments and orders drawn, accepted or made out to him, and to carry out any instructions he may give in connection with his account notwithstanding that any such debiting or carrying out such an instruction may cause his account to be overdrawn or an overdraft to be increased. Where no overdraft has been agreed or the limit of overdraft agreed has been reached, the Bank may nevertheless refuse to carry out any instructions which would result in there being an overdraft or any overdraft greater than that agreed, as the case may be.
1.2 Authorised Signatories
- The customer will give the Bank in an acceptable form Signatories in the form of the specimen signature of every person authorized to operate the account. Unless otherwise agreed, all signatories are entitled to withdraw all or any of the customer’s property or securities held by the bank from time to time and to open any further account in the customer’s name.
- The customer agrees that the mandate herein specified above is to remain in force until revoked and/or complained with writing by all or any of the signatories.
- The customer undertakes that on any change in the partnership / company / trust etc. affecting the mandate earlier given, the customer shall give immediate notice thereof to the bank and the customer will be requested to execute a new mandate.
1.3 Authorised Account Agents
The company shall give the names of authorised agents at the opening of the account or soon thereafter. Any changes as to the authorized agents shall be notified to the Bank in writing. The Bank shall treat the existing authorized agents as the duly appointed agents until receipt of any change as mentioned above.
- The Bank may without notice, set off against any account or indebtedness of the Customer:
- Any other account whether current, loan, saving or any other type.
- Any time or any other deposit.
- The Bank may, upon notice to the Customer, set off their account against any other account or indebtedness in respect to which the Customer is liable, notwithstanding that some other person may also be liable in respect thereof.
The Bank reserves the right to consolidate all accounts where the customer has interest, in fulfilling of any obligation owed to the Bank.
1.6 Simultaneous Order in Excess of Funds
Where the Bank receives several orders at approximately the same time, the total of which exceeds the available asset of or the credit granted to the customer, the Bank may honour the orders in whatever manner it thinks fit within the limit of the funds available.
1.7 Bank Charges and Expense Interest
The Bank is entitled to be paid by the Customer and may debit the Customer with:
- Unless otherwise agreed in writing, interest or overdrawn accounts including penalty interest, loan accounts or any other facility granted by the Bank at a rate, which may be different for different accounts.
The bank will update information on charges to interest rates by either putting notices in the branches and/or newspapers that the Bank usually uses and / or advise the customer within thirty (30) days of the said change
- Legal Charges
Advocate and client costs incurred by the Bank in obtaining legal advice in connection with the customer’s accounts and dealings with the Bank or incurred by the Bank in any legal, arbitration or other proceedings arising out of any dealings in respect of the customer.
Commission at such rates and at such time or times as the bank decides, with discretion to the charge different rates for different accounts.
Other Charges and Expenses
In addition, the debits authorized by sub-clauses (a), (b) and (c) of this clause, all other expenses and charges including but not limited to ledger fees, disbursements for cheque books, postage’s, cables, telephone calls, taxes, duties, impositions and expenses incurred in complying with the Customer’s requests.
1.8 Statement Deemed Approved if not Objected to Within 15 Days
The contents of any statements of account or statement of any other nature which has been sent by the Bank to the Customer, and to which the Customer has not objected within fifteen days of receipt thereof, shall be deemed approved by the Customer and shall not therefore be challenged by the Customer on any ground whatsoever whether lack of mandate, forged or inadequate signature of endorsement of cheque/instruction, forged alteration therefore or otherwise.
1.9 Delay by Customer in Lodging Complaints
The Bank is not responsible for any matter unless the Customer has made a written complaint to the Bank as soon as reasonably possible.
1.10 Payment by Third Parties
The Bank may credit the Customer with amounts paid by third parties.
1.11 Deposit of Cheques Et cetera
- All cheques or other orders for payment of whatsoever nature are accepted for deposit or collection at the risk of the Customer. Where any cheque or order is unpaid for any reason whatsoever (including but not limited to physical loss), the Bank may debit the Customer with the amount previously credited (taking into account any exchange fluctuations where relevant) in respect of that cheque or order, together with interest since the date of crediting if the account thereby is overdrawn.
No Duty on Bank Protest
- Before making any withdrawal, the Customer must allow sufficient time to elapse after making any deposit (even of cash) in order to enable the bank to carry out the necessary bookkeeping operations to credit the account.
- Not-withstanding the provisions of clause 6 herein any money credited to the Customer in error must be repaid immediately together with the applicable interest upon demand.
The Bank is not liable for any loss or damage suffered by any party if any dishonoured bill is not noted or protested or both. The Bank will nevertheless endeavor to cause dishonoured bills to be noted or protested or both, provided that it receives instructions to do so in reasonable time.
1.12 Repayment of Overdrawn Accounts
The Bank is entitled to demand the immediate repayment with interest of any account that is overdrawn.
- When the Customer is indebted to the Bank, the Bank has a general lien over all property of the Customer in the Bank’s possession, including, but not limited to cash goods securities or valuables deposited for the safe custody or as security, cheques presented for repayment, bills and any other property movable or immovable charged to secure repayment of any money whether or not that money has been repaid; and also all property over which by the general law the Bank has lien.
- Where the Customer is indebted in circumstances giving the Bank a right of set off all securities as set out paragraph (a) hereof shall be treated as security for the debt.
- The Bank may at any time give the Customer notice in writing that if an accrued debt is not paid within a stated period being not less than 14 days after receipt of the Customer notice then the bank may without further notice realise sufficient of the Customer’s assets to discharge the debt.
- If the debt is not discharged within the time allowed, the Bank may realise sufficient of the Customer’s assets to discharge the debt, and the Customer may instruct the Bank’s attorney for the purpose of conducting the sale, giving title to the asset sold and all other necessary matters. Any sum remaining after such a transaction will be held for the Customer subject to these Terms and Conditions.
- The Bank is under no obligation in respect of any sale under such a clause.
- Deposits including those held in foreign currencies and for a given period of time may be set off against debts notwithstanding that the time period of the deposits has not expired.
- Funds in foreign currencies which are subject to the Bank’s lien may be set off against debts or realized at the rate of exchange current at the date of set off or realization. The Bank accepts no liability for any loss caused by exchange fluctuations.
1.14 Variation and Termination of Relationship
- The Bank may at any time upon notice to the Customer, terminate or vary its business relationship with the Customer and in particular but without prejudice to the generality of the foregoing, the bank may cancel credit which it has granted and require the repayment of the outstanding debts resulting therefrom within such time as the Bank may determine.
- The Bank may at any time freeze any account of the customer if and so long as there is any dispute or the Bank has doubt for any reason (whether or not well founded) as to the person or persons entitled to operate the same, without any obligation to institute interpleader proceedings or to take any step of its own initiative for the determination of such dispute or doubt.
1.15 Safe Custody
- Any article received by the Bank for storage or safe keeping is received by the Bank at the sole risk of the depositor as regards any damage or loss of the said article through any cause whatsoever including but not limited to moth, vermin, heat or leakage. The Bank accepts no responsibility for any such damage or loss except in so far as this clause expressly provides to the contrary.
- The Bank undertakes to exercise reasonable care in looking after the said article and in ensuring that no authorized person has access thereto.
1.16 Forwarding Documents
The Bank is not responsible for the authenticity, validity, regularity or value of forwarding documents including but not limited to bills of lading, delivery orders or consignment documents, receipts, warrants and insurance policies not prepared by it.
1.17 Cheque Books
Cheque books issued subject to the following conditions:
- The Customer agrees to look after and use any cheque book and any cheque form with utmost care.
- The Customer further agree to ensure:
- That all uncompleted cheque forms are kept in safe custody at all times;
- That the Bank is informed immediately upon discovery by the Customer that any cheque book or any cheque form has been stolen, lost or mislaid;
- That any person preparing the cheques is authorised to do so;
- That any cheque is prepared and signed in ink or other indelible writing materials;
- That the amount of any cheque is written as near as possible to the left side of the area clearly marked/provided for area on the cheque for writing amounts in words and figures to prevent any unauthorised addition of letters or figures;
- That any cheque and any alteration is signed by an authorized signatory;
- That no uncompleted cheque is given to any stranger or other person when the Cheque does not have reasonable grounds for believing him to be trustworthy.
- The Customer is advised that;
- Where possible any completed cheque should be crossed with two distinct lines in order to make the cheque negotiable only through the Bank: and
- If it is known with which Bank the beneficiary for the cheque keeps his account then the name of the Bank should be added to the crossing in order to make the cheque negotiable only through that particular bank.
- On receipt of a written notice from the Customer to stop payment of a cheque, the Bank will record the notice.
- Upon closure of any account the Customer will return to the Bank any remaining uncompleted cheque forms relating to the account.
1.18 Cheques not Drawn on Bank Specified Manner
The Bank may refuse payment of any cheque not drawn on the Bank’s cheque form in the manner specified by the Bank in these Terms and Conditions.
1.19 Drawing Cash
- The Bank will pay cash to the Customer where the cheque is signed in the presence of the teller by an authorised signatory or the authorized signatories.
- Where cash cheques are presented by employees or other known agents of the customer the following steps will be taken.
- The employee or agent will be identified beforehand in a manner acceptable to the Bank.
- A limit on such drawings will be agreed in writing with the Bank and until such limit is agreed, no drawings will be allowed under this paragraph
- Where the Customer requests that payments be made under paragraph (b), the customer shall indemnify the Bank in respect of all payments made to the presenter of the cheque whether or not the money was received by the Customer and whether or not the order for payment was in fact the order of the Customer.
The Bank shall not be liable in any way to the Customer for having honoured even negligently any cheque the signature or content which has been forged if:
- The customer has facilitated such forgery either by failure to comply with any of the conditions contained in clause 19 hereof or by negligence in any other way; or
- There has been a previous forgery of any cheque of the Customer without the Customer having objected to the first statement of account which debited such cheque as provided by clause 6 hereof; or
- An employee, servant, agent, contractor or person known to the customer have perpetrated the forgery.
1.20 Interest on Dormant Accounts
The Bank will not pay interest to accounts that are in dormant status.
1.21 Validity of Document
The Bank is not responsible for the authenticity, validity, regularity of documents including but not limited to bills of lading, delivery orders, consignment documents, receipts warrants and insurance policies.
1.22 Holdings and Credit in Foreign Currency
Subject to all Laws and Government Regulations applicable: –
- The Bank will credit the counter-value of the Customer’s holding in foreign currencies to accounts with its correspondents in various countries of origin;
- Such accounts are in the Bank’s name but are at the Customer’s risk and the Customer accepts responsibility for any ensuing consequences of legal, fiscal or other measures affecting the accounts;
- Except in the case of an assignment by the Customer to the Bank, the Customer may dispose of such funds only by means of request for cheques or transfers in the original currencies at the Bank’s option;
- All credits granted in foreign currencies are also subject to this clause.
1.23 Accounts in Foreign Currency
Subject to all Laws and Regulations, where an account is in foreign currency any demand on the Bank for repayment from such account is properly met by the Bank issuing a draft or effecting a transfer or making payment in any other manner in foreign currency at the discretion of the Bank.
- All notices, statements, letters and other communications from the Bank may be sent to the last address given by the Customer, and the date on the Bank’s copy of any such communication is taken to be the date of such dispatch in the absence of proof of the contrary.
- Any written communication from the Bank to the Customer including but not limited to any notice given pursuant to these Terms and Conditions shall be deemed to have been received by the customer, if delivered, then at the date and time of delivery, and if sent by post it shall be sufficient proof that the letter containing the communication was properly stamped and addressed.
- The Customer has no claim on the Bank for damages resulting from losses, delays, misunderstandings, mutilations, duplications or irregularities due to transmission of any communication whether to or from the Customer, the Bank or any third party, by delivery, post, fax, telegraph, telephone, telex or any other means of communication.
- Notice/communications will be deemed to have been received five (5) days from the date of posting.
1.25 Bank Indemnity
I/We agree that this account shall be operated solely at the discretion of the Bank and hereby agree to indemnify the Bank at my cost against any loss or claims arising out of the account being closed by the bank without notice due to unsatisfactory performance.
1.26 CRB Regulation
With reference to CRB regulation of 2008 the bank may at any time and at its own discretion, submit and obtain information relating to the customer, information either negative or positive to/from any licensed credit bureau.
1.27 Marginal Notes
Marginal notes contained in these General Terms and Conditions are for information purposes only and are not conclusive as to the content of the Clause they relate to.
In these terms and conditions, the expression ‘the Customer’ shall include any persons, firm, partnership or corporate body.
Any addition or alteration to these Terms and Conditions made from time to time by the Bank of which notice has been given to the Customer shall be binding upon the Customer as fully as if the same were contained in these Terms and Conditions.
1.30 Acceptance of the General Terms and Conditions
I/We confirm that the information given above is true to the best of my/our knowledge. By signing on the Account Opening Forms, I/We request the Bank to open an account in the names as provided above. I/We agree that we have read, understood and accepted the Terms and Conditions of this account and agree to be bound by them. I/We hereby authorize Credit Bank Limited to disclose any information relating to my/our account(s) to any Credit Reference Agency and or any other institution or third party as it deems necessary.