Our Liability for Failure to Complete Sample Clauses

Our Liability for Failure to Complete a Wire Transfer We shall be responsible only for performing the wire transfer service expressly provided for in this Agreement; provided however, we shall be liable only for our own gross negligence or willful misconduct in performing such service. We shall not be liable to any third party or for any act or omission of yours or any third party, including, but not limited to, third parties used by us in executing a wire transfer or performing a related act and no such third party shall be deemed to be our agent. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSSES OR EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE WIRE TRANSFER SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SAME. Except as otherwise provided by applicable law, the maximum period for which we shall be liable for interest on any amount to be refunded or paid to you with respect to an unauthorized, erroneous, or other wire transfer request is thirty days.
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Our Liability for Failure to Complete a Transaction If we do not complete a Transaction or Load on your Card on time or in the correct amount, according to this Agreement with you, we will be liable for your losses or damages, to the extent required by law. There are some circumstances where we will not be liable. We will not be liable, for instance: • If, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process). • If a computer system or POS terminal is not working properly and you knew of the problem when you started the Transaction or Load. • If a merchant refuses to honor your Card. • If circumstances beyond our control (such as an Act of God, fire or other catastrophe, or an electrical or computer failure) prevent the Transaction or Load, despite reasonable precautions that we have taken. • If any failure or malfunction is attributable to your equipment, to merchant, or to any service or payment system. • If you attempt to use a Card that has not been properly activated. • If an employee of a load network did not properly transmit information to us. • If your Card or Access Information has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe that the Transaction or Load requested is unauthorized, suspicious or fraudulent. • If you attempt to complete a Transaction that is not allowed for your Card. • If you attempt to complete a Transaction contrary to the terms and conditions in this Agreement. There may be other reasons stated in this Agreement.
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Our Liability for Failure to Complete. Transactions If we do not properly complete a transaction from the Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
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Our Liability for Failure to Complete. Transactions If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of your losses or damages. However, there are some exceptions. We will not be liable for instance: a. if, through no fault of ours, you do not have enough money in your account to make the transfer; b. if the money in your account is subject to legal process or other encumbrances restricting transfer; d. if the automated teller machine or the merchant where you are making the transfer does not have enough cash; e. if the system was not working properly when you started the transfer; f. if circumstances beyond our control (such as fire or flood or systems failure) prevent the transfer, despite reasonable precautions that we have taken.
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Our Liability for Failure to Complete. TRANSACTIONS. We will not be liable: • If through no fault of ours, you do not have enough funds on your Card to complete the transaction; • If a merchant refuses to honor your Card; • If an ATM where you are making a cash withdrawal does not have enough cash; • If an electronic terminal where you are making a transaction does not operate properly, and you know about the problem when you initiated the transaction; • If access to your Card has been blocked after you reported your Card lost or stolen; • If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; • If we have any reason to believe the requested transaction is unauthorized; or • If circumstances beyond our control (such as flood or fire or an act of war or an event of terrorism) prevent the transaction, despite reasonable precautions that we have taken.
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Our Liability for Failure to Complete a Transaction We will respond to notices of errors or unauthorized EFTs and requests to stop payments in a reasonable manner and time. You agree that in no event will we be liable in an amount exceeding the lesser of five thousand dollars ($5,000) or the actual amount of your loss. You also agree that we will not be liable for any amount that you may incur if you: ▪ Do not tell us about an error or unauthorized EFT within thirty (30) days after the first statement showing the error or unauthorized EFT is made available to you; or ▪ If you do not provide us with the information necessary to place a stop payment on a Preauthorized Transfer in a timely manner. In addition, we are not liable for any losses you may incur in any of the following circumstances: ▪ If the Available Balance in your Account is not sufficient to complete the transaction through no fault of ours. ▪ If the failure is due to an equipment or system breakdown, such as a problem with the Online 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.
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Our Liability for Failure to Complete. Transactions If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we might be liable for some of your losses or damages. However, there are some exceptions. We will not be liable for instance:
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Related to Our Liability for Failure to Complete

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Our Liability for Failure to Make Transfers For consumer accounts, if we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable for instance: • If, through no fault of ours, you do not have enough money in your account to make the transfer. • If the money in your account is subject to legal process or other claim restricting such transfer. • If the transfer would go over the credit limit on your overdraft line. • If the ATM where you are making the transfer does not have enough cash. • If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. • If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. • There may be other exceptions stated in our agreement with you. In Case of Errors or Questions About Your Electronic Transfers. For consumer accounts, telephone us at 000-000-0000, or write us at nbkc, 0000 Xxxx Xxxxxxx, Kansas City, MO 64114 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty (60) days after we sent the FIRST statement on which the problem or error appeared. • Tell us your name and account number (if any). • Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. • Tell us the dollar amount of the suspected error. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point of sale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • Liability for Failure to Stop Payment of Preauthorized Transfer If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

  • Liability for Failure to Stop Payment of Preauthorized Transfers If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events: - If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit. - If you used your card or access code in an incorrect manner. - If the ATM where you are making the transfer does not have enough cash. - If the ATM was not working properly and you knew about the problem when you started the transaction. - If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. - If the money in your account is subject to legal process or other claim. - If funds in your account are pledged as collateral or frozen because of a delinquent loan. - If the error was caused by a system of any participating ATM network. - If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers. - If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction. - If you have xxxx payment services, we can only confirm the amount, the participating merchant, and date of the xxxx payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors. - Any other exceptions as established by the Credit Union.

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