I am trying to confirm and/or establish the liability to the FI governed by FED RegCC, whereas the FI's customer (a non-bank) is retaining the original checks.  I have read that FI's that offer remote capture services and allow the customer to retain the original checks and be responsible for destruction, that the FI is liable for any losses related to the original checks being processed after the fact of the image items. 

Our customer agreement wording assigns the check handling, safekeeping and destruction onto the customer, but based on the wording of the FED Reg, need to be assured that the agreement wording is strong enough and addresses the points of the FED Reg.