Common use of Our Liability for a Failure To Complete A Transaction Clause in Contracts

Our Liability for a Failure To Complete A Transaction. If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance: ▪ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours. ▪ If the ATM you use does not have enough cash. ▪ If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking Services provided by the Program Partner, that you knew about before you began a transaction. ▪ The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken. ▪ If your funds are not available due to a hold or if your funds are subject to legal process. ▪ If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal. ▪ If your Account is closed or inactive. ▪ There may be additional exceptions stated in our or Unit’s agreements with you or permitted by law.

Appears in 3 contracts

Samples: Consumer Deposit Account Agreement, Deposit Account Agreement, Deposit Account Agreement

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Our Liability for a Failure To Complete A Transaction. If we fail to complete a transaction on time or in the correct amount when properly instructed by you in accordance with this Agreement, we will be liable for damages proximately caused by the failure or error. However, there are some exceptions. We are not liable, for instance: ▪ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours. ; ▪ If the ATM you use does not have enough cash. ; ▪ If the failure is due to an equipment or system breakdown, such as a problem with the Online Banking Services provided by the Program Partner, that you knew about before you began a transaction. ; ▪ The failure was caused by an Act of God, fire or other catastrophe, or any other cause beyond our control despite reasonable precautions we have taken. ; ▪ If your funds are not available due to a hold or if your funds are subject to legal process. ; ▪ If we do not complete a transaction because we or Unit has reason to believe the transaction is unauthorized or illegal. ; ▪ If your Account is closed or inactive. ; ▪ There may be additional exceptions stated in our or Unitour service provider’s agreements with you or permitted by law.

Appears in 1 contract

Samples: Consumer Deposit Account Agreement

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