Our Liability; Interest Payable. We may be responsible for your direct expenses if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction. In no event, however, will we be liable for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind. We are not required to pay interest on any amount we may owe to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statements paragraph. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds rate at the time of the correction or the dividend rate that we pay on the Account to or from which the funds transfer should have occurred. RBFCU will not be liable for any lost or misapplied funds caused by erroneous transfer details provided to us. Please ensure you verify all transfers details to ensure prompt and accurate delivery.
Our Liability; Interest Payable. We may be responsible for your direct expenses if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction. In no event, however, will we be liable for any special, indirect, exemplary, or consequential damages (including lost profits) of any kind. We are not required to pay interest on any amount we may owe to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer promptly and advise us of the relevant facts within the time period set forth below in the Account Statements section. Any rate of interest that we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the federal funds rate at the time of the correction, or the dividend rate which we pay on the Account to or from which the funds transfer should have occurred.
Our Liability; Interest Payable. The Credit Union may be responsible for your actual losses or expenses, to the extent recoverable under Chapter 4A or other applicable law if we fail to exercise ordinary care in carrying out your instructions in connection with a wire transfer transaction. We are not responsible for the acts or omissions of third parties through whom payments are sent, even if those parties have acted as our agent. We are not liable for detecting errors in any wire transfer or other payment order provided to us. We cannot be held accountable for any special, indirect, exemplary, or consequential damages (including lost profits or reasonable attorney fees) of any kind arising out of a wire transfer transaction, even if we have been advised or should have known of the possibility of such damages. We are not required to pay interest on any amount owed to you due to an unauthorized wire transfer arising out of our error unless you exercise ordinary care to discover the unauthorized transfer and promptly advise us of the relevant facts within the time period set forth below in the Account Statements section #5 under General Provisions. Any rate of interest we might be obligated to pay to you as a matter of law for a delay or incorrect transfer arising out of our error will be the lower of the Federal Funds rate at the time of the correction or the dividend rate which we pay on the Account to or from which the funds transfer should have occurred. You agree to indemnify, defend, and hold the Credit Union harmless from any cost, liability, expense (including reasonable attorney fees) arising out of any “Claim” by a third party alleging that any payment order of yours breaches or compromises the rights, title, or interest of any third party or violates any law, rule, regulation, ordinance, court order, or other mandate or prohibition with the force of an effect of law. We may be legally responsible if the Claim arises out of our failure to exercise ordinary care, failure to act in good faith, or failure to act in accordance with your instructions given pursuant to this Agreement.
