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(3) When authorization is given, legibly <br />write cardholder's name and account <br />number and legibly imprint the embossed <br />legend from the Client plate on the sales <br />slip and complete it as provided herein; <br />and <br />(4) Have the sales draft signed and furnish a <br />copy thereof to the Cardholder. <br />(c) The Client, if making a credit card sale to a cardholder <br />by mail or telephone, will follow the procedures provided in <br />subparagraph (b) above, except that the Client will sign the <br />cardholder's name in the space provided for the, cardholder's <br />signature on the sales slip and note that the order was placed by <br />telephone or mail. The Client also will make any disclosures <br />required by law and shall disclose the applicable CPA account fee. <br />(d) Credit card sales to cardholders by mail, telephone, or <br />without presence of the actual card as provided in Subparagraphs <br />(b) and (c) above are at the Client's option. In making them, the <br />Client shall be deemed to warrant that the purchaser is the person <br />whose name appears as the cardholder vn the sales slip, or sales <br />application slip, and that, the name, account number and expiration <br />date appearing on the sales slip are the same as those embossed on <br />such credit card. <br />(e) Except for credit card sales made by mail, telephone or <br />without presence of actual card, the Client has no liability to CPS <br />in connection with sales drafts because of forgery, use of a <br />counterfeit card, or cardholder charge backs, if the Client has <br />exercised due care and diligence in complying with the terms of <br />this Agreement. The Client and CPS agree not to disclose to third <br />parties other than the Client's or CPS' agents for the purpose of <br />assisting the Client or CPS in completing the transaction or as <br />specifically required by law a cardholder's account information and <br />account numbers. <br />(f) In the event that it is necessary to issue a credit to a <br />customer's credit card account, the terminals will provide the <br />capability of performing a credit transaction for the primary <br />amount of the transaction only. Previously assessed CPS fees will <br />not be refunded. No CPS service fee will be charged for the <br />issuing of a credit. <br />4.03 System Inoperable. <br />When the system is inoperable the Client shall follow the <br />manual back up instructions for credit card transactions set forth <br />in the Operating Guide. Before making a credit card transaction, <br />the Client shall obtain specific authorization from CPS for such <br />transaction via telephone and the authorization approval code shall <br />10 06/06/91 <br />