Our Responsibility. We are liable to you for direct losses to your Account(s) that result from the following types of activities or unauthorized transactions that occur through your use of Online Banking: (i) transactions that occur after you notify us that you suspect or aware that there has been misuse or unauthorized use of your Password or Personal Verification Questions so long as you agree to cooperate and assist us in any investigation that we commence in connection with the misuse or unauthorized access to your Password or Personal Verification Questions); (ii) transactions where it can be shown that you have been a victim of fraud, theft or have been coerced by force or intimidation, so long as you report the incident to us immediately and cooperate and assist us fully in any investigation; (iii) we make an error or omission in recording or documenting a Transaction and you give us written notice of the suspected error or omission within the time period provided in the Terms and Conditions for Financial Services (in this event, our liability to you will be limited to the amount of the error or omission in recording plus any applicable services charges that may have been charged to you); and (iii) our negligence, fraud or willful misconduct.
Our Responsibility. 4.1 It is Our responsibility to deliver Your goods to You, or produce them for Your collection, undamaged. By “undamaged" we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/ or storage.
4.2 In the event that We have undertaken to pack the goods, or otherwise make them ready for transportation and/or storage, it is Our responsibility to deliver them to You, or produce them for Your collection, undamaged. Again, by "undamaged" we mean in the same condition as they were in immediately prior to being packed/ made ready for transportation or storage.
4.3 If We fail to discharge the responsibilities identified in clause 4.1 and 4.2, We will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate You for such failure.
4.4 We will not be liable to compensate You where clauses 2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of negligence or breach of contract on Our part.
4.5 If You do not provide Us with a declaration of value of Your goods, or if You do not require us to accept standard liability pursuant to clause 9.1 We will not be liable to You for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract on Our part.
4.6 The amount of Our liability under this clause shall be determined in accordance with clauses 9 and 11.
4.7 Unless otherwise agreed in writing in advance We will be responsible for any parking fines incurred by Us in carrying out the work.
Our Responsibility. Motion Composites’ sole obligation and your exclusive remedy under this warranty shall be limited to such repair and/or replacement.
Our Responsibility. We are responsible for providing the Services by qualified personnel in a professional manner. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Our Responsibility. If we do not properly 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 the amount of any losses or damages incurred by you and resulting directly from such failure. We will not be liable in the following instances:
1. If through no fault of the Credit Union, you do not have enough money in your account to make the transfer.
2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevents the transfer despite reasonable precautions that we have taken.
3. If there is a hold on your account, or if access to your account is blocked, in accordance with Credit Union policy.
4. If your funds are subject to legal process or other encumbrance restricting the transfer.
5. If your transfer authorization terminates by operation of law.
6. If you believe someone has accessed your accounts without your permission, and you fail to notify the Credit Union immediately.
7. If you have not properly completed the transfer on-line.
8. If we have received incomplete or inaccurate information from you or a third party involving the account or transfer.
9. If we have a reasonable basis for believing that unauthorized use of your Password or account has occurred or may be occurring or if you default under this Agreement, the deposit account agreement, a credit agreement or any other agreement with us, or if we or you terminate this agreement. There may be other exceptions stated in this Agreement and in other agreements with you. In no event shall we be liable for damages in excess of your actual loss due to our failure to complete a transfer, and we will not be liable for any incidental or consequential damages. If any of the circumstances listed above occur, we will assist you with reasonable efforts in taking appropriate corrective action to reprocess the transactions that may not have been completed or to correct incorrect transactions that have been processed.
Our Responsibility. If we do not complete a transfer or initiate a payment from your account on the payment date or in the correct amount according to our agreement with you, we may be liable for your losses or damages as required by law unless one or more of the below exceptions or one or more of the other exceptions in our deposit agreement apply. We will not be liable, for example, if:
(a) we process your payment in a timely manner, but the payee rejects your payment or fails to process it in a timely manner; (b) your account does not contain sufficient available funds to make the transfer or payment, or the transfer or payment would exceed the credit limit on any overdraft line you have with us;
(c) the money in your account is subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting the transfer or payment;
(d) the payee or transaction information you supply to us is incorrect, incomplete or untimely; (e) the Service was not working properly and you knew or should have known about the problem when you requested the transfer or payment;
(f) circumstances beyond our control (such as fire, flood, viruses, computer breakdowns or telecommunication problems) prevent the transaction, despite reasonable precautions that we have taken; (g) you fail to follow our on-screen instructions properly; or (h) a transfer or payment could not be completed due to the Service’s or another required banking network’s unavailability. There may be other exceptions as stated in our deposit agreement with you or as permitted by law.
Our Responsibility. 14.1 We shall provide you with reports and management information for your Account in the standard format we provide to Corporate Account customers. We do not represent or guarantee that you can rely on such reports or information being accurate or complete for the purpose of complying with your tax or other legal obligations or for any other purpose.
14.2 If we agree to place any limits or restrictions on the type of Charges incurred on any Card or Account, we are obliged only to use reasonable efforts to apply such limits or restrictions and this does not affect your liability for any Charges. We are unable to block or prevent Charges at certain merchants, including but not limited to merchants who do not process Charges via electronic terminals or who have provided us with a description of their own activities which may be incomplete or inaccurate. In classifying merchants in our system or records, we are entitled to rely on any description of their own activities provided by such merchants.
Our Responsibility. 13.1 We shall provide you with electronic data feeds for the Account detailing transactional data. In addition or in lieu of the data feeds as we may be agree with you, we will provide a monthly statement, containing the necessary information from the datafile.
13.2 If we agree to place any limits or restrictions on the type of Charges incurred on any Card or the Account, we will use all reasonable efforts to apply such limits or restrictions and this does not affect your liability for any Charges. We are unable to block or prevent Charges at certain merchants, including but not limited to merchants who do not process Charges via electronic terminals or who have provided us with a description of their own activities which may be incomplete or inaccurate. In classifying merchants in our system or records, we are entitled to rely on any description of their own activities provided by such merchants.
Our Responsibility. Availability – We will take reasonable measures to ensure that Mobile RDC is available, but we are not liable for system failures or temporary service disruptions that cause Mobile RDC to be unavailable. If Mobile RDC is unavailable; you are responsible for carrying out your business through alternative channels. Further, we are not liable for any inaccurate or incomplete information with respect to transactions which have not been completely processed or posted using Mobile RDC. We are not liable to you for a failure to process an Electronic Deposit, or any error that results in processing or collecting an Electronic Deposit:
Our Responsibility. 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 example, if: (a) your account does not contain sufficient available funds to make the transfer;
