Common use of Reviewing Your Account Statements Clause in Contracts

Reviewing Your Account Statements. Your review of your statements, Checks and other items is one of the best ways to help prevent the wrongful use of your Account. You agree: (a) to review your statements, Checks and other items and reconcile them with reasonable promptness after they are made available to you; (b) to report any problems, errors or unauthorized transactions as soon as possible; and (c) within a reasonable time, not exceeding 30 days, after we send you a statement and any accompanying items (or otherwise make them available), to review your statement or items and report any problem, error or unauthorized transaction. For substitute Checks, you must notify us within 40 days to qualify for an expedited re-credit. If You Fail To Report Promptly: If you fail to notify us in writing of suspected problems, errors or unauthorized transactions with reasonable promptness after we make your statement or items available to you, (a) you may not make a claim against us relating to the unreported problems, errors or unauthorized transactions, regardless of the care or lack of care we may have exercised in handling your Account; and (b) you may not bring any legal proceeding or action against us to recover any amount alleged to have been improperly paid out of your Account. We are not liable to you for subsequent unauthorized transactions on your Account by the same person if you fail to report an unauthorized transaction on your Account within 30 days following the closing date of the statement containing information about the first unauthorized transaction by that person. Certain Failures by Us: Even if you fail to report with reasonable promptness, if we fail to exercise ordinary care in paying an item and our failure substantially contributed to a loss, the loss will be allocated between you and us. If we did not pay the item in good faith, however, we will bear the entire loss. In the case of an unauthorized signature on, or any alteration of, an item, if you do not discover and report the item to us within 1 year after the statement or item is made available to you, then you may not assert any claim for the unauthorized signature or alteration. This limitation applies regardless of the care or lack of care exercised by you or by us. Status Quo – Collateral Preservation: We have the right to preserve our interests in your Account and any funds in your Account in which we have a lien given to us by law or in which you have granted us a security interest and pledge. This is our “collateral.” Accordingly, we may use appropriate administrative procedures, including (but not limited to) placing a temporary hold or “freeze” on your funds, to protect our interests if we believe that our collateral may be impaired or at risk due to any default, bankruptcy, breach of any agreement or promise, or as otherwise provided for by our agreements or Applicable Law. We are entitled to use these administrative procedures without notice to any Owner. In the case of any bankruptcy proceeding, we have the right to preserve the collateral and we are not required to surrender or turn over the collateral absent the Owner’s filing an appropriate motion and the entry of an order either providing for adequate protection of our rights in the collateral or modifying or terminating the automatic stay as to the collateral. ACH and Wire Transfers: You may initiate or receive (credit or debit) a payment order on your Account through ACH funds transfer or wire transfer. Generally, ACH and wire transfers will be governed by federal law and the laws of the State of Oklahoma, including Article 4A of the Uniform Commercial Code – Funds Transfers. Other fund transfers use systems such as Fedwire (under the Federal Reserve Board’s Regulation J) and NACHA and these fund transfers are governed by the rules of the particular transfer system. The following provisions apply to fund transfers (but may not apply if we provide you a separate more specific agreement for r the fund transfer): Rejection or Refusal of a Payment Order: We reserve the right to reject or refuse to accept any payment order without any liability. If you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may establish cut-off times for the receipt and processing of funds transfer requests, amendments or cancellations. Payment orders, amendments or cancellations received after the cut-off time may be treated as having been received on the next funds transfer business day. Currently, the deadline for sending a wire is 3:00 P.M., Central Time (12:00 P.M., Central Time, for international wires), and for receiving a wire is 5:00 P.M., Central Time, Monday through Friday excluding holidays.

Appears in 1 contract

Samples: Introduction

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Reviewing Your Account Statements. Your review of You are in the best position to discover issues or problems with your account, such as forged, unauthorized or missing signatures or endorsements, suspected fraud, a material alteration, a missing or diverted deposit, encoding errors made by you or us and any other error or discrepancy relating to a check, deposit or other credit or debit to your account. Therefore, you should carefully examine your statements and canceled checks or check images as soon as we make available to you. If you think that one or more deposits is not reflected on your statements, Checks and or that there is any other items is one type of the best ways to help prevent the wrongful use of your Account. You agree: (a) to review error or discrepancy in your statements, Checks you should notify us immediately and other items and reconcile them with reasonable promptness in no event later than thirty (30) calendar days (unless a longer period of time is required by Applicable Law) after they are made we send or otherwise make available to you; (b) you the first account statement containing information about the missing deposit or other discrepancy. If you do not provide us with notice within this time frame you may have to report share any problemsLosses that may occur on the account due to missing deposits, errors or unauthorized transactions as soon as possible; and other discrepancies on your account, or bear the Losses entirely (c) within a reasonable time, depending on whether or not exceeding 30 days, after we send you a statement and any accompanying items (used ordinary care in processing the check or otherwise make them available), to review your statement if our actions or items and report any problem, error or unauthorized transaction. For substitute Checks, you must notify us within 40 days to qualify for an expedited re-credit. If You Fail To Report Promptly: If you fail to notify us in writing of suspected problems, errors or unauthorized transactions with reasonable promptness after we make your statement or items available to you, (a) you may not make a claim against us relating inactions substantially contributed to the unreported problemsLosses). Notwithstanding any provision in this Agreement to the contrary, errors or unauthorized transactions, regardless of the care or lack of care we may have exercised in handling your Account; and (b) you may not bring any legal proceeding or action against us to recover any amount alleged to have been improperly paid out of your Account. We are not liable to you for subsequent unauthorized transactions on your Account account by the same person if you fail to report an unauthorized transaction on your Account account within 30 thirty (30) days (or such shorter period as is specified under Applicable Law) following the closing date of the statement containing information about the first unauthorized transaction by that persontransaction. Certain Failures by Us: Even Additionally, if you fail to report with reasonable promptnessunauthorized transactions reflected on your statement (except for electronic fund transfers) within sixty (60) calendar days following the closing date reflected on your statement, if you will not be able to assert any claims for Losses against us for items on that statement, regardless of whether we fail exercised ordinary care. You understand that, as is discussed elsewhere in this Agreement, we use automated means to process your checks and other items and that we exercise ordinary care in paying an item your checks and our failure substantially contributed to a loss, the loss will be allocated between you and us. If we did not pay the item other items in good faith, however, we will bear the entire loss. In the case of an unauthorized signature on, or any alteration of, an item, if you do not discover and report the item to us within 1 year after the statement or item is made available to you, then you may not assert any claim for the unauthorized signature or alteration. This limitation applies regardless of the care or lack of care exercised by you or by us. Status Quo – Collateral Preservation: We have the right to preserve our interests in your Account and any funds in your Account in which we have a lien given to us by law or in which you have granted us a security interest and pledge. This is our “collateralthis manner.” Accordingly, we may use appropriate administrative procedures, including (but not limited to) placing a temporary hold or “freeze” on your funds, to protect our interests if we believe that our collateral may be impaired or at risk due to any default, bankruptcy, breach of any agreement or promise, or as otherwise provided for by our agreements or Applicable Law. We are entitled to use these administrative procedures without notice to any Owner. In the case of any bankruptcy proceeding, we have the right to preserve the collateral and we are not required to surrender or turn over the collateral absent the Owner’s filing an appropriate motion and the entry of an order either providing for adequate protection of our rights in the collateral or modifying or terminating the automatic stay as to the collateral. ACH and Wire Transfers: You may initiate or receive (credit or debit) a payment order on your Account through ACH funds transfer or wire transfer. Generally, ACH and wire transfers will be governed by federal law and the laws of the State of Oklahoma, including Article 4A of the Uniform Commercial Code – Funds Transfers. Other fund transfers use systems such as Fedwire (under the Federal Reserve Board’s Regulation J) and NACHA and these fund transfers are governed by the rules of the particular transfer system. The following provisions apply to fund transfers (but may not apply if we provide you a separate more specific agreement for r the fund transfer): Rejection or Refusal of a Payment Order: We reserve the right to reject or refuse to accept any payment order without any liability. If you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may establish cut-off times for the receipt and processing of funds transfer requests, amendments or cancellations. Payment orders, amendments or cancellations received after the cut-off time may be treated as having been received on the next funds transfer business day. Currently, the deadline for sending a wire is 3:00 P.M., Central Time (12:00 P.M., Central Time, for international wires), and for receiving a wire is 5:00 P.M., Central Time, Monday through Friday excluding holidays.

Appears in 1 contract

Samples: Business Deposit Account Agreement

Reviewing Your Account Statements. Your review of your statements, Checks and other items is one of the best ways to help prevent the wrongful use of your Account. You agree: (a) to review your statements, Checks and other items and reconcile them with reasonable promptness after they are made available to you; (b) to report any problems, errors or unauthorized transactions as soon as possible; and (c) within a reasonable time, not exceeding 30 days, after we send you a statement and any accompanying items (or otherwise make them available), to review your statement or items and report any problem, error or unauthorized transaction. For substitute Checks, you must notify us within 40 days to qualify for an expedited re-credit. If You Fail To Report Promptly: If you fail to notify us in writing of suspected problems, errors or unauthorized transactions with reasonable promptness after we make your statement or items available to you, (a) you may not make a claim against us relating to the unreported problems, errors or unauthorized transactions, regardless of the care or lack of care we may have exercised in handling your Account; and (b) you may not bring any legal proceeding or action against us to recover any amount alleged to have been improperly paid out of your Account. We are not liable to you for subsequent unauthorized transactions on your Account by the same person if you fail to report an unauthorized transaction on your Account within 30 days following the closing date of the statement containing information about the first unauthorized transaction by that person. Certain Failures by Us: Even if you fail to report with reasonable promptness, if we fail to exercise ordinary care in paying an item and our failure substantially contributed to a loss, the loss will be allocated between you and us. If we did not pay the item in good faith, however, we will bear the entire loss. In the case of an unauthorized signature on, or any alteration of, an item, if you do not discover and report the item to us within 1 year after the statement or item is made available to you, then you may not assert any claim for the unauthorized signature or alteration. This limitation applies regardless of the care or lack of care exercised by you or by us. Status Quo – Collateral Preservation: We have the right to preserve our interests in your Account and any funds in your Account in which we have a lien given to us by law or in which you have granted us a security interest and pledge. This is our “collateral.” Accordingly, we may use appropriate administrative procedures, including (but not limited to) placing a temporary hold or “freeze” on your funds, to protect our interests if we believe that our collateral may be impaired or at risk due to any default, bankruptcy, breach of any agreement or promise, or as otherwise provided for by our agreements or Applicable Law. We are entitled to use these administrative procedures without notice to any Owner. In the case of any bankruptcy proceeding, we have the right to preserve the collateral and we are not required to surrender or turn over the collateral absent the Owner’s filing an appropriate motion and the entry of an order either providing for adequate protection of our rights in the collateral or modifying or terminating the automatic stay as to the collateral. ACH and Wire Transfers: You may initiate or receive (credit or debit) a payment order on your Account through ACH funds transfer or wire transfer. Generally, ACH and wire transfers will be governed by federal law and the laws of the State of Oklahoma, including Article 4A of the Uniform Commercial Code – Funds Transfers. Other fund transfers use systems such as Fedwire (under the Federal Reserve Board’s Regulation J) and NACHA and these fund transfers are governed by the rules of the particular transfer system. The following provisions apply to fund transfers (but may not apply if we provide you a separate more specific agreement for r the fund transfer): Rejection or Refusal of a Payment Order: We reserve the right to reject or refuse to accept any payment order without any liability. If you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may establish cut-off times for the receipt and processing of funds transfer requests, amendments or cancellations. Payment orders, amendments or cancellations received after the cut-off time may be treated as having been received on the next funds transfer business day. Currently, the deadline for sending a wire is 3:00 P.M., Central Time (12:00 P.M., Central Time, for international wires), and for receiving a wire is 5:00 4:00 P.M., Central Time, Monday through Friday excluding holidays. Improperly Identified Beneficiary or Intermediary: If you give us a payment order that identifies the beneficiary (recipient of funds) by name and account number, the beneficiary’s financial institution may make payment on the basis of the account number even if it identifies a person who is not the named beneficiary. If you give us a payment order that identifies an intermediary’s or a beneficiary’s financial institution by both name and routing number, a receiving financial institution may rely on the number as the proper identification even if it identifies an institution that is not the named financial institution.

Appears in 1 contract

Samples: Introduction

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Reviewing Your Account Statements. Your review of You are in the best position to discover issues or problems with your account, such as forged, unauthorized or missing signatures or endorsements, suspected fraud, a material alteration, a missing or diverted deposit, encoding errors made by you or us and any other error or discrepancy relating to a check, deposit or other credit or debit to your account. Therefore, you should carefully examine your statements and canceled checks or check images as soon as we make available to you. If you think that one or more deposits is not reflected on your statements, Checks and or that there is any other items is one type of the best ways to help prevent the wrongful use of your Account. You agree: (a) to review error or discrepancy in your statements, Checks you should notify us immediately and other items and reconcile them with reasonable promptness in no event later than thirty (30) calendar days (unless a longer period of time is required by Applicable Law) after they are made we send or otherwise make available to you; (b) you the first account statement containing information about the missing deposit or other discrepancy. If you do not provide us with notice within this time frame you may have to report share any problemsLosses that may occur on the account due to missing deposits, errors or unauthorized transactions as soon as possible; and other discrepancies on your account, or bear the Losses entirely (c) within a reasonable time, depending on whether or not exceeding 30 days, after we send you a statement and any accompanying items (used ordinary care in processing the check or otherwise make them available), to review your statement if our actions or items and report any problem, error or unauthorized transaction. For substitute Checks, you must notify us within 40 days to qualify for an expedited re-credit. If You Fail To Report Promptly: If you fail to notify us in writing of suspected problems, errors or unauthorized transactions with reasonable promptness after we make your statement or items available to you, (a) you may not make a claim against us relating inactions substantially contributed to the unreported problemsLosses). Notwithstanding any provision in this Agreement to the contrary, errors or unauthorized transactions, regardless of the care or lack of care we may have exercised in handling your Account; and (b) you may not bring any legal proceeding or action against us to recover any amount alleged to have been improperly paid out of your Account. We are not liable to you for subsequent unauthorized transactions on your Account account by the same person if you fail to report an unauthorized transaction on your Account account within 30 thirty (30) days (or such shorter period as is specified under applicable state law) following the closing date of the statement containing information about the first unauthorized transaction by that persontransaction. Certain Failures by Us: Even Additionally, if you fail to report with reasonable promptnessunauthorized transactions reflected on your statement (except for electronic fund transfers) within sixty (60) calendar days following the closing date reflected on your statement, if you will not be able to assert any claims for Losses against us for items on that statement, regardless of whether we fail exercised ordinary care. There are exceptions to this sixty (60) day period. For substitute checks, you must notify us within forty (40) days to qualify for an expedited recredit. In all cases, you understand that, as is discussed elsewhere in this Agreement, we use automated means to process your checks and other items and that we exercise ordinary care in paying an item your checks and our failure substantially contributed to a loss, the loss will be allocated between other items in this manner. Your rights regarding electronic fund transfers that you and us. If we did not pay the item in good faith, however, we will bear the entire loss. In the case of an believe are unauthorized signature on, or any alteration of, an item, if you do not discover and report the item to us within 1 year after the statement or item is made available to you, then you may not assert any claim for the unauthorized signature or alteration. This limitation applies regardless of the care or lack of care exercised by you or by us. Status Quo – Collateral Preservation: We have the right to preserve our interests in your Account and any funds in your Account in which we have a lien given to us by law or in which you have granted us a security interest and pledge. This is our “collateral.” Accordingly, we may use appropriate administrative procedures, including (but not limited to) placing a temporary hold or “freeze” on your funds, to protect our interests if we believe that our collateral may be impaired or at risk due to any default, bankruptcy, breach of any agreement or promise, or as otherwise provided for by our agreements or Applicable Law. We are entitled to use these administrative procedures without notice to any Owner. In the case of any bankruptcy proceeding, we have the right to preserve the collateral and we are not required to surrender or turn over the collateral absent the Owner’s filing an appropriate motion and the entry of an order either providing for adequate protection of our rights discussed in the collateral or modifying or terminating the automatic stay as to the collateral. ACH and Wire Transfers: You may initiate or receive (credit or debit) a payment order on your Account through ACH funds transfer or wire transfer. Generally, ACH and wire transfers will be governed by federal law and the laws of the State of Oklahoma, including Article 4A of the Uniform Commercial Code – Funds Transfers. Other fund transfers use systems such as Fedwire (under the Federal Reserve Board’s Regulation J) and NACHA and these fund transfers are governed by the rules of the particular transfer system. The following provisions apply to fund transfers (but may not apply if we provide you a separate more specific agreement for r the fund transfer): Rejection or Refusal of a Payment Order: We reserve the right to reject or refuse to accept any payment order without any liability. If you receive funds by a wire or ACH transfer, we are not required to notify you at the time the funds are received. Instead, the transfer will be shown on your periodic statement. We may establish cut-off times for the receipt and processing of funds transfer requests, amendments or cancellations. Payment orders, amendments or cancellations received after the cut-off time may be treated as having been received on the next funds transfer business day. Currently, the deadline for sending a wire is 3:00 P.M., Central Time (12:00 P.M., Central Time, for international wires), and for receiving a wire is 5:00 P.M., Central Time, Monday through Friday excluding holidaysEFT Disclosure.

Appears in 1 contract

Samples: Deposit Account Agreement

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