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- THE FULL RISK OF LOSS FOR ORDERED GIFT CHEQUES SHALL PASS TO COMPANY IMMEDIATELY UPON THEIR DELIVERY BY AMERICAN EXPRESS.This means that American Express shall not reimburse Company for any delivered Gift Cheque that is lost, stolen, misappropriated or that otherwise disappears. Only Gift Cheque recipients are eligible to receive refunds from American Express in accordance with the agreement between the recipient and American Express. In the event the Company instructs American Express to send Gift Cheques directly to a recipient, American Express will assume liability for the Gift Cheque not received by the recipient except under the following conditions: the address provided by the company for the recipient was incorrect, the request for Gift Cheques was unauthorized, and/or any information received by Amex with regards to the processing of the order was fraudulent or incorrect.
- Company shall inform all recipients that, in the event of a refund claim by the recipient, American Express shall require the recipient to identify the Company as the giver of the Gift Cheque in addition to other information (such as the serial number of the Gift Cheque) normally required for Gift Cheque refund claims.
- Company, upon request of American Express, shall promptly and accurately provide American Express with the information described above in "RecordKeeping" instructions. Company shall retain such information for each distributed Gift Cheque for seven (7) years following the date of distribution.
- Company shall be liable to American Express for direct costs and expenses caused by Company's failure to respond promptly and accurately to an AmericanExpress request for required information about a distributed Gift Cheque duringthe period the Company must retain such information.
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