Bank’s Liability. If we do not complete a transaction arising from the use of the Card on time or in the correct amount according to this Agreement, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(i) if, through no fault of ours, the amount on the Card is insufficient to complete the transaction; or
(ii) if the point-of-sale terminal was not working properly and you knew about the breakdown when you started the transaction; or
(iii) if circumstances beyond our control (such as power outages, equipment failures, fire or flood) prevent the transaction, despite reasonable precautions that we have taken; or
(iv) if the Card has been reported to be, or suspected of being, lost or stolen, and we have taken action to prevent transactions with the Card.
Bank’s Liability. In addition to any limitations in this Agreement, the Bank will not be liable to you for: (i) any refusal of a Paying Bank to pay an Image Exchange Item or Substitute Check for any reason (other than the gross negligence or willful misconduct of the Bank), including, without limitation, that the Original Check, Image Exchange Item or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered or had a forged signature; or (ii) the Bank acting as a “reconverting bank” under the Check 21 Act through the creation of Substitute Checks or purported substitute checks using an electronic image or an illegible electronic image or an Image Exchange Item.
Bank’s Liability a. The Bank may act upon any instrument or other writing believed by it in good faith and upon reasonable investigation to be genuine and to have been signed or presented by a person purporting to be the Collateral Agent or the Customer (or any agent thereof). The Bank shall have no liability in the event that at the time it receives and has an opportunity to act on a Notice of Blockage or a Notice to Direct Funds, the Customer has made withdrawals of collected funds in any Deposit Account so that the amount of collected funds in such Deposit Account is less than the amount of collected funds on the date hereof or is zero. The Bank’s duties shall be determined only with reference to this Agreement and any applicable Requirement of Law, and the Bank shall not be charged with knowledge of, or any duties or responsibilities in connection with, any other document or agreement. If in doubt as to its duties and responsibilities hereunder, the Bank may consult with counsel of its choice and shall be protected in any action taken or omitted to be taken in connection with the advice or opinion of such counsel, except if arising from the gross negligence or willful misconduct of the Bank (to the extent determined by a court of competent jurisdiction in a final and non-appealable judgment).
b. The Bank shall not be liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused, directly or indirectly, by instructions, action, or omission of the Customer or the Collateral Agent. The Bank will be excused from failing to act or delay in acting if (i) such failure or delay is caused by circumstances beyond the Bank’s control, including legal constraint, emergency conditions, action or inaction of government, civil or military authority, fire, strike, lockout or other labor dispute, war, riot, theft, flood, earthquake or other natural disaster, breakdown of public, private or common carrier communications or transmission facilities, equipment failure, or act, negligence or default of the Customer or the Collateral Agent or (ii) such failure or delay would result in the violation any applicable Requirement of Law. In no event shall the Bank be liable for special, incidental, punitive or consequential damages, or lost profits or loss of business, arising under or in connection with this Agreement, even if previously informed of the possibility of such damages and regardless of the form of action.
Bank’s Liability. Bank will not be liable to Customer for any of the following, unless liability or loss is a result of Bank’s breach of these Terms and Conditions or the gross negligence or willful misconduct of Bank or its employees or agents: (i) any damages, costs or other consequences caused by or related to Bank’s actions that are based on information or instructions that Customer provides to Bank; (ii) any unauthorized actions initiated or caused by Customer or its employees or agents; (iii) the failure of third persons or vendors to perform satisfactorily, other than persons to whom Bank has delegated the performance of specific obligations provided in these Terms and Conditions; (iv) any refusal of a Payor Bank to pay an Electronic Item for any reason (other than the breach of contract, negligence or willful misconduct of Bank), including without limitation that the Electronic Item was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature; (v) any other party’s lack of access to the Internet or inability to transmit or receive data; (vi) failures or errors on the part of Internet service providers, telecommunications providers or any other party’s own internal systems, or (vii) any of the matters described in Section 7 above. Bank’s liability for errors or omissions with respect to the data transmitted or printed by Bank will be limited to correcting the errors or omissions. Correction will be limited to presenting Electronic Items to the Payor Bank. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS AND CONDITIONS, BANK’S AGGREGATE LIABILITY TO CUSTOMER FOR CLAIMS RELATING TO THESE TERMS AND CONDITIONS, WHETHER FOR BREACH, NEGLIGENCE, INFRINGEMENT, IN TORT OR OTHERWISE, AND ARISING DURING ANY TWELVE MONTH PERIOD SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL FEES PAID BY CUSTOMER TO BANK FOR SUCH TWELVE MONTH PERIOD. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR ANY LOST PROFITS OR LOSS OF ANY OPPORTUNITY OR GOOD WILL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BANK AND CUSTOMER ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE A BARGAINED FOR ALLOCATION OF RISK AND LIABILITY, AND AGREE TO RESPECT SUCH ALLOCATION OF RISK AND LIABILITY. EACH PARTY ACKNOWLEDGES AND AGREES THAT THE OTHER PARTY WOULD NOT ENTER INTO THESE TERMS AND CONDITIONS WITHOUT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION.
Bank’s Liability. In the performance of the Services required by the Agreement, Bank shall be entitled to rely solely on the information; representations and warranties provided by Company pursuant to the Agreement and shall not be responsible for the accuracy or completeness of such information. Except as otherwise specifically provided by law, Bank shall be responsible only for performing the Services expressly provided for in the Agreement and shall be liable only in the event of loss due to its gross negligence or willful misconduct in performing those Services. In no event shall Bank have any liability for any consequential, special, incidental, punitive or indirect damages Company may incur or suffer in connection with the Agreement whether or not the likelihood of such damages was known or contemplated by Bank and regardless of the legal or equitable theory of liability Company may assert. If, for any reason, Bank is adjudged liable to Company, it shall only be to the extent that the amount of the damages resulting from such liability arise out of Bank’s gross negligence or willful misconduct and, in such cases, damages will be limited to the amount of the aggregate monthly fees and charges paid by Company for the Services for the immediate three (3) month period prior to the event giving rise to Company’s claim. In no event shall Bank be liable for consequential damages, exemplary damages or lost profits, even if Company advises Bank of the possibility of such damages. The provisions of this Section shall survive the termination of the Agreement. Without limiting the generality of the foregoing, Bank will not be liable to Company in the following situations:
a. If through no fault of Bank, Company or Account Owner on a Personal Account does not have enough available money in Account from which a payment or transaction is to be made, or if Account has been closed or is not in good standing, or if Bank reversed a payment or transaction because of insufficient funds, or if any payment or transaction would go over the credit limit of any Account;
b. If the equipment of Company or Bank is not working properly and the breakdown should have been apparent to Company when Company attempted to conduct the transaction;
c. If Company has not given Bank complete, correct or current Account numbers or other identifying information for Bank to properly credit Account or otherwise complete the transaction, or if Company does not properly follow Bank’s instructions, or if Company pr...
Bank’s Liability. Bank will not be liable for failure to detect or prevent any unauthorized use of a Debit Card or for invalid transactions using fraudulent cards. Bank will not be responsible for monitoring Debit Card use or usage patterns. BANK WILL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING UNDER ANY CLAIM IN CONTRACT OR TORT OR OTHERWISE, EVEN IF BANK OR ITS AGENTS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, Bank will not be liable for failure to complete any transaction under any of the following instances:
a) If, through no fault of Bank, Company does not have enough money in the Linked Account to complete a transaction, or if the transaction would exceed the credit limit on Company's overdraft line (if applicable);
b) The terminal where the transaction is initiated is damaged or not working properly;
c) Circumstances beyond Bank's control (such as fire, flood, terrorism, power failure, pandemic, computer breakdown) prevent the transaction;
d) The funds in any Linked Account are subject to legal process, an uncollected funds hold, security interest or other claim;
e) A Linked Account is frozen because of a delinquent loan or a dispute, or Bank receives inconsistent instructions regarding a Debit Card or Linked Account from persons purporting to act on behalf of Company.
Bank’s Liability. We will not be liable to you for any of the following: (i) any damages, costs or other consequences caused by or related to our actions that are based on information or instructions that you provide to us; (ii) any unauthorized actions initiated or caused by you or your employees, representatives, third party service providers or agents; (iii) the failure of third parties or vendors to perform satisfactorily, other than persons to whom we have delegated the performance of specific obligations provided for in these Terms; (iv) failure or errors on the part of ISPs, telecommunications providers or any other party’s own internal systems; or (v) Customer’s acts or omissions (including without limitation, the amount, accuracy, timeliness of transmittal or authorization of any entry received from Customer) or those of any other person, including without limitation any Federal Reserve Bank, ACH Operator or transmission or communications facility, any receiver or RDFI (including, without limitation, the return of any entry by such receiver or RDFI), and no such person shall be deemed Bank’s agent. Whether for breach, negligence, or infringement by us, in tort or otherwise, any losses arising during any twelve (12) month period shall be limited to the average monthly charge for the Services in question for the six (6) month period preceding the date of loss. We shall not be responsible, under any circumstances, for any loss of goodwill or for any special, consequential or indirect damages that you incur in connection with these Terms or the Services. Except as otherwise specifically provided in these Terms, in no event will either party be liable to the other for any consequential, indirect, incidental, special, exemplary or punitive damages, including without limitation, any loss of use or loss of business, revenue, profits, opportunity or goodwill, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if such party has been advised of, or should have known of the possibility of, such damages.
Bank’s Liability. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your Online Banking Account. Unless otherwise required by applicable law, we are only responsible for performing the Online Banking service as delineated in this Agreement. You agree that we will only be liable to you to the extent we acted with gross negligence or willful misconduct and those actions resulted in a direct financial loss to you. In no event will we be liable for (i) errors or omissions that do not result in a financial loss to you; (ii) any Losses that result from our use of customary banking practices or for any Losses provided that we have acted in good faith and with ordinary care; (iii) any action we are authorized or permitted to take by the
Bank’s Liability. 15.1. Bank will not be liable to Customer for any of the following: (i) any damages, costs or other consequences caused by or related to Bank's actions that are based on information or instructions that Customer provides to Bank; (ii) any unauthorized actions initiated or caused by Customer, its employees or its agents; (iii) the failure of third persons, agents or vendors to perform satisfactorily, other than persons to whom Bank has delegated the performance of specific obligations provided in this Agreement; (iv) any refusal of a Payor Financial Institution to pay an Electronic Check or Substitute Check for any reason (other than the breach of contract, gross negligence or willful misconduct of Bank), including without limitation, that the Electronic Check or Substitute Check was allegedly unauthorized, was a counterfeit, had been altered, or had a forged signature; (v) failures, errors or omissions, or breach of warranty from Customer’s agent; (vi) Customer’s agent’s, or any other party's lack of access to the Internet or inability to transmit or receive data; (vii) failures or errors on the part of Internet service providers, telecommunications providers or any other party's own internal systems, or (viii) if Customer or its agent does not follow or comply with the representations or warranties set forth in Section 11 above.
15.2. Bank's liability for errors or omissions with respect to the data transmitted or printed by Bank in connection with this Agreement will be limited to correcting the errors or omissions . Correction will be limited to reprocessing, reprinting and/or representing the Electronic Checks or Substitute Checks to the Payor Financial Institution.
15.3. Notwithstanding anything to the contrary in this Agreement, Bank's aggregate liability for claims related to this Agreement, whether for breach, negligence, infringement, in tort or otherwise, arising during any 12 month period shall be limited to an amount equal to the amount of fees paid by Customer to Bank under this Agreement for such 12 month period.
15.4. Except as otherwise specifically provided in this Agreement, in no event will either party be liable to the other for any consequential, indirect, incidental, special, exemplary or punitive damages, including without limitation any loss of use or loss of business, revenue, profits, opportunity or good will, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if such party has been advis...
Bank’s Liability. So long as Bank complies with reasonable banking practices, Bank shall not in any way or manner be liable or responsible for: (a) the safekeeping of the Collateral; (b) any loss or damage thereto occurring or arising in any manner or fashion from any cause; (c) any diminution in the value thereof; or (d) any act or default of any carrier, warehouseman, bailee, forwarding agency, or other person whomsoever. All risk of loss, damage or destruction of the Collateral shall be borne by the Borrowers. Bank shall in no case be liable for special, consequential or punitive damages arising out of this Agreement or any transactions contemplated by this Agreement.
