Common use of Our Liability for Failing to Make Transfers Clause in Contracts

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your account on time or in the correct amount according to this agreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: (i) if through no fault of ours, your account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iv) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (v) if a merchant refuses to honor your Card; (vi) if you attempt to use a Card that has not been properly activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xi) as otherwise provided in this agreement.

Appears in 3 contracts

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

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Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your account Account on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: (i) if through no fault of ours, your account Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iviii) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your Card; (viv) if you attempt to use a Card that has not been properly activated; (viivi) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viiivii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Account privileges, or if we have reason to believe the transaction is not authorized by you; (ixviii) if the transaction cannot be completed because your Card is damaged; (xix) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xix) as otherwise provided in this agreementAgreement.

Appears in 2 contracts

Samples: Deposit Account Agreement, Deposit Account Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account the Card on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There However, there are some exceptions, however. We will not be liable, for instance: : (i) if if, through no fault of ours, your account has Card funds are insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g.for example, because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal making the transfer does not have enough cash; (iviii) if the a computer system, ATM, or point-of-sale POS terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Card privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xiviii) as otherwise provided in this agreementAgreement. Unless you tell us that all future payments to a specific recipient are to bestopped, we may treat your stop-payment order as a request concerning one specific payment only. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by law. If these regular payments may vary in amount, the person you are going to pay should tell you, at least 10days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account Account on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There However, there are some exceptions, however. We will not be liable, for instance: : (i) if if, through no fault of ours, your account Account has insufficient funds for the transaction or the funds in your Account are unavailable for withdrawal (e.g.for example, because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal making the transfer does not have enough cash; (iviii) if the a computer system, ATM, or point-of-sale POS terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Card privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xiviii) as otherwise provided in this agreementAgreement. concerning one specific payment only. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by law. If these regular payments may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account the Card on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There However, there are some exceptions, however. We will not be liable, for instance: : (i) if if, through no fault of ours, your account has Card funds are insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g.for example, because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal making the transfer does not have enough cash; (iviii) if the a computer system, ATM, or point-of-sale POS terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Card privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xiviii) as otherwise provided in this agreementAgreement. payment only. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by law. If these regular payments may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account the Card on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There However, there are some exceptions, however. We will not be liable, for instance: : (i) if if, through no fault of ours, your account has Card funds are insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g.for example, because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal making the transfer does not have enough cash; (iviii) if the a computer system, ATM, or point-of-sale POS terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Card privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xiviii) as otherwise provided in this agreementAgreement. days before the scheduled payment date, we may attempt, in our sole discretion, to stop the payment. However, we assume no responsibility for our failure or refusal to do so, even if we accept your stop-payment request. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive the written request within 14 days after you call, we may honor subsequent payments with your Card. Unless you tell us that all future payments to a specific recipient are to be stopped, we may treat your stop-payment order as a request concerning one specific payment only. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by law. If these regular payments may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account the Card on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There However, there are some exceptions, however. We will not be liable, for instance: : (i) if if, through no fault of ours, your account has Card funds are insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g.for example, because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal making the transfer does not have enough cash; (iviii) if the a computer system, ATM, or point-of-sale POS terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Card privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xiviii) as otherwise provided in this agreementAgreement. before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by law. If these regular payments may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failing to Make Transfers. If we do We will not complete be liable for your losses or damages in regard to an electronic fund transfer to or from your account on time or in the correct amount according to this agreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: Account: (i) if through no fault of ours, your account Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iviii) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your Card; (viv) if you attempt to use a Card that has not been properly activated; (viivi) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viiivii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Account privileges, or if we have reason to believe the transaction is not authorized by you; (ixviii) if the transaction cannot be completed because your Card is damaged; (xix) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xix) as otherwise provided in this agreementAgreement.

Appears in 1 contract

Samples: Business Deposit Account Agreement

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Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your account on time or in the correct amount according to this agreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: , if: (i) if through no fault of ours, your account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iviii) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your Card; (viv) if you attempt to use a Card that has not been properly activated; (viivi) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viiivii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account privileges, or if we have reason to believe the transaction is not authorized by you; (ixviii) if the transaction cannot be completed because your Card is damaged; (xix) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xix) as otherwise provided in this agreement.

Appears in 1 contract

Samples: Deposit Account Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your account Account on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: , if: (i) if through no fault of ours, your account Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iv) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (v) if a merchant refuses to honor your Card; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Account privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xi) as otherwise provided in this agreementAgreement.

Appears in 1 contract

Samples: Deposit Account Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer a transaction to or from your account the Card on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There However, there are some exceptions, however. We will not be liable, for instance: : (i) if if, through no fault of ours, your account has Card funds are insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g.for example, because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal making the transfer does not have enough cash; (iviii) if the a computer system, ATM, or point-of-sale POS terminal was not working properly and you knew about the problem when you started the transaction; (viv) if a merchant refuses to honor your the Card; (v) if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken; (vi) if you attempt to use a Card that has not been properly registered or activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Card privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xiviii) as otherwise provided in this agreementAgreement. days before the scheduled payment date, we may attempt, in our sole discretion, to stop the payment. However, we assume no responsibility for our failure or refusal to do so, even if we accept your stop-payment request. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. If we do not receive the written request within 14 days after you call, we may honor subsequent payments with your Card. Unless you tell us that all future payments to a specific recipient are to be stopped, we may treat your stop-payment order as a request concerning one specific payment only. If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages to the extent provided in this Agreement or required by law. If these regular payments may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. Please note that the person you are going to pay may give you the option of receiving notice only when the payment would differ by more than a certain amount from the previous payment or when the amount would fall outside certain limits that you set.

Appears in 1 contract

Samples: Cardholder Agreement

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your account Account on time or in the correct amount according to this agreementAgreement, we may be liable for your losses or damages under section 910 of the Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C. §§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance: , if: (i) if through no fault of ours, your account Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iv) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (v) if a merchant refuses to honor your Card; (vi) if you attempt to use a Card that has not been properly activated; (vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your account Account privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xi) as otherwise provided in this agreementAgreement.

Appears in 1 contract

Samples: Deposit Account Agreement

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