Common use of Disclaimer for Force Majeure, etc Clause in Contracts

Disclaimer for Force Majeure, etc. The Bank shall not be responsible for any of the following damages (whether direct or consequential, including loss of profit or interest, or otherwise) suffered by the Customer and third parties: (i) Damage due to unavoidable circumstances such as natural disasters, incidents, wars, accidents during transport, legal and regulatory restrictions or actions by the government, courts or other public authorities; (ii) Damage incurred as a result of failure or malfunction in terminal units, communication circuits or computers, etc., or telegram disintegration, error, omission, etc., caused thereby in spite of the Bank having taken appropriate security measures; (iii) Damage incurred as a result of the handling by the Banks Concerned in accordance with the customs of the countries where such Banks Concerned are located or procedures as prescribed by the Banks Concerned, or damage incurred by reasons attributable to the Banks Concerned (excluding the head office and branches of The Hongkong and Shanghai Banking Corporation Limited); (iv) Damage incurred by reasons attributable to the Customer such as discrepancies in the recipient’s name, etc.; (v) Damage incurred in connection with the message sent from the Customer to the recipient; (vi) Damage relating to the underlying relationship for the remittance between the Customer and the recipient or third party; (vii) Damage incurred in relation to the exercise of the Bank’s rights, in accordance with the Terms and Conditions; or (viii) Damage incurred by reasons other than those attributable to the Bank.