Common use of Failure or error to perform Clause in Contracts

Failure or error to perform. We may be liable to you under the Regulations where we fail to perform or incorrectly perform any Money Transfer. Where you believe we may have failed to perform or incorrectly performed such a Money Transfer, you should let us know as soon as possible and, if you request, we will make immediate efforts to investigate the matter and let you know the outcome of our investigation. Where we have failed to perform or incorrectly performed such a Money Transfer, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Money Transfer to Your Nominated Account(s) as originally instructed. You will only be entitled to this redress if you notify us in writing or by telephone using the contact details without undue delay on becoming aware of any unauthorised or incorrectly executed payment transaction, and in any event no later than 13 months after the debit date. We will also not be liable where we are able to show that the authorised amount was received at the appropriate time by the person to whom you instructed us to send the funds, or where the failure to perform or incorrect performance was due to you providing us with incomplete or incorrect information or was otherwise your fault.