) If a collecting bank has made provisional settlement with its customer for an item and itself fails by reason of dishonor, suspension of payments by a bank or otherwise to receive a settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer’s account or obtain refund from its customer whether or not it is able to return the items if by its midnight deadline or within a longer

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13 Guam Code Ann. UNIFORM COMMERCIAL CODE
DIV. 4 BANK DEPOSITS AND COLLECTIONS

reasonable time after it learns the facts it returns the item or sends notification of the facts. These rights to revoke, charge back and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final (subdivision (3) of Section 4211 and subdivisions (2) and (3) of Section 4213).
(2) [Reserved.]

(3) A depositary bank which is also the payor may charge back the amount of an item to its customer’s account or obtain refund in accor- dance with the section governing return of an item received by a payor bank for credit on its books (Section 4301).

(4) The right to charge back is not affected by
(a) Prior use of the credit given for the item; or

(b) Failure by any bank to exercise ordinary care with respect to the item but any bank so failing remains liable.
(5) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party.
(6) If credit is given in dollars as the equivalent of the value of an item payable in a foreign currency the dollar amount of any chargeback or refund shall be calculated on the basis of the buying sight rate for the foreign currency prevailing on the day when the person entitled to the chargeback or refund learns that it will not receive payment in ordinary course.
(7) The right to obtain refund is not affected by

(a) Prior use of the credit given for the item; or
(b) Failure by any bank to exercise ordinary care with respect to the item except to the extent of the bank’s liability therefor.