(iii) that the aggregate of the advance for the crop and all other advances made to the applicant under the Act for any other crops does not exceed the maximum advance that the applicant is entitled to under the Act; and

(b) in the case of an application for an advance payment made in accordance with Form AR-B of the schedule, forward the application to the Board for verification of the amount of the first advance payment made to the applicant, the deliveries made in respect thereof and the balance of grain remaining to be delivered in respect thereof, and, upon receiving verification from the Board, shall approve the application on behalf of the Board.

1. Where a payment order is initiated by the payer, his payment service provider shall, without prejudice to Article 58, Article 74(2) and (3), and Article 78, be liable to the payer for correct execution of the payment transaction, unless he can prove to the payer and, where relevant, to the payee's payment service provider that the payee's payment service provider received the amount of the payment transaction in accordance with Article 69(1), in which case, the payee's payment service provider shall be liable to the payee for the correct execution of the payment transaction.

The payment service user shall obtain rectification from the payment service provider only if he notifies his payment service provider without undue delay on becoming aware of any unauthorised or incorrectly executed payment transactions giving rise to a claim, including that under Article 75, and no later than 13 months after the debit date, unless, where applicable, the payment service provider has failed to provide or make available the information on that payment transaction in accordance with Title III.

Consequently, the Court held that prepayments of the kind at issue in the main proceedings whereby lump sums are paid for goods indicated in general terms in a list which may be altered at any time by agreement between the buyer and the seller and from which the buyer may possibly select articles, on the basis of an agreement which he may unilaterally rescind at any time, thereupon recovering the unused balance of the prepayments, do not fall within the scope of that derogation.

In July of this year we received a request from the Government of Manitoba telling us the amount of damages for the 1995 and 1996 floods but there was no request for an advance payment to be made and therefore no advance payment was made.