Your Duty to Examine Your Statement. Checks. As used in this section, the term “problem” means any error, alteration or unauthorized Transaction (including, but not limited to, forged or missing signatures, unauthorized wire transfers, and excluding Electronic Fund Transfers) related to any Check Transaction(s) for your Account. Because you are in the best position to discover any problem, you will promptly examine your statement and report to Pershing any problem on or related to your statement. You agree that none of us will be responsible for any problem related to a Check Transaction that: W You do not report to Pershing in writing within a reasonable time not to exceed 20 calendar days after Pershing mails the statement (or makes the statement available) to you; W Results from a forgery, counterfeit or alteration so clever that a reasonable person cannot detect it (for example, unauthorized Checks made with your facsimile signature device or that look to an average person as if they contain an authorized signature); or W As otherwise provided by law or regulation. You may not start a legal action against any of us because of any problem unless: (a) you have given us the above notice and (b) the legal action begins within one year after we send or make your statement available to you. If you make a claim against any of us in connection with a problem, each of us reserves the right to conduct a reasonable investigation before crediting your Account, and you agree to cooperate in such investigation. If any of us requests, you agree to complete an affidavit of forgery or other proof of loss. If you refuse to sign such an affidavit, none of us will be liable to you for any loss arising from the problem. For problems involving an electronic banking transaction, please refer to the “Electronic Fund Transfers” sections of this Agreement. These time periods for you to examine your statement and report “problems” to Pershing are without regard to the level of care of any of us or the commercial reasonableness of our practices, further without regard to whether copies or images of cancelled Checks are supplied or made available to you. Contact Pershing promptly if you do not receive your regular statement.
Appears in 2 contracts
Samples: Brokerage Account Customer Agreement, Brokerage Account Customer Agreement
Your Duty to Examine Your Statement. Checks. As used in this section, the term “problem” means any error, alteration or unauthorized Transaction transaction (including, but not limited to, forged or missing signatures, unauthorized wire transfers, signatures and excluding Electronic Fund Transferselectronic banking transaction) related to any Check Transaction(s) for your Accountaccount. Because you are in the best position to discover any problem, you will promptly examine your statement and report to Pershing us any problem on or related to your statement. You agree that none of us we will not be responsible for any problem related to a Check Transaction that: W • You do not report to Pershing us in writing within a reasonable time time, not to exceed 20 calendar thirty (30) days after Pershing mails we mail the statement (to you, or makes the statement available) make it available to you; W • Results from a forgery, counterfeit or alteration so clever that a reasonable person cannot detect it (for example, unauthorized Checks checks made with your facsimile signature device or that look to an average person as if they contain an authorized signature); or W • As otherwise provided by law or regulation. You may not start a legal action against any of us because of any problem unless: (a) you have given us the above notice and (b) the legal action begins within one year after we send or make your statement available to you. If you make a claim against any of us in connection with a problem, each of us reserves we reserve the right to conduct a reasonable investigation before crediting recrediting your Account, account and you agree to cooperate in such investigation. If any of us requestswe request, you agree to complete an affidavit of forgery or other proof of loss. Errors relating to ACH (Automated Clearing House) and Wire Transfers made on a business account are governed by Uniform Commercial Code guidelines and do not follow guidelines and regulations implemented by Regulation E and the Electronic Fund Transfer Act. Such errors must be reported to us within 15 days of receipt of your statement. Also, all ACH transfers credited to your account are provisional and subject to our receipt of final payment. We reserve the right to refuse or to return all or any such item or funds transfer. We are also not required to give next day notice to you of receipt of an ACH item. If you refuse move or change your address, you agree to sign such an affidavitinform us in writing where to send notices and your account statements. Unless we are so notified, none of us will be liable to you for any loss arising from we may rely on the problem. For problems involving an electronic banking transaction, please refer to the “Electronic Fund Transfers” sections of this Agreement. These time periods address we have for you to examine in your statement and report “problems” to Pershing are account records with us. OTHER ACCOUNT INFORMATION Ownership of accounts may not be transferred without regard to the level of care of any of our permission. Please contact us or the commercial reasonableness of our practices, further without regard to whether copies or images of cancelled Checks are supplied or made available to you. Contact Pershing promptly if you do need to change the ownership of an account. This does not receive limit your regular statementability, where otherwise permitted, to access accounts by writing checks or negotiable orders of withdrawal. In addition, this section does not apply to accounts sold as negotiable certificates of deposit and evidenced by an actual certificate. We are not bound by any transfer of ownership, pledge or assignment unless we agree separately in writing to be bound by it.
Appears in 2 contracts
Samples: Business Deposit Account Disclosure, Deposit Account Agreement
Your Duty to Examine Your Statement. Checks. As used in this section, the term “problem” means any error, alteration or unauthorized Transaction transaction (including, but not limited to, forged or missing signatures, unauthorized wire transfers, signatures and excluding Electronic Fund Transferselectronic banking transaction) related to any Check Transaction(s) for your Accountaccount. Because you are in the best position to discover any problem, you will promptly examine your statement and report to Pershing us any problem on or related to your statement. You agree that none of us we will not be responsible for any problem related to a Check Transaction that: W • You do not report to Pershing us in writing within a reasonable time time, not to exceed 20 calendar thirty (30) days after Pershing mails we mail the statement (to you, or makes the statement available) make it available to you; W • Results from a forgery, counterfeit or alteration so clever that a reasonable person cannot detect it (for example, unauthorized Checks checks made with your facsimile signature device or that look to an average person as if they contain an authorized signature); or W • As otherwise provided by law or regulation. You may not start a legal action against any of us because of any problem unless: (a) you have given us the above notice and (b) the legal action begins within one year after we send or make your statement available to you. If you make a claim against any of us in connection with a problem, each of us reserves we reserve the right to conduct a reasonable investigation before crediting recrediting your Account, account and you agree to cooperate in such investigation. If any of us requestswe request, you agree to complete an affidavit of forgery or other proof of loss. Errors relating to ACH (Automated Clearing House) and Wire Transfers made on a business account are governed by Uniform Commercial Code guidelines and do not follow guidelines and regulations implemented by Regulation E and the Electronic Fund Transfer Act. Such errors must be reported to us within 15 days of receipt of your statement. Also, all ACH transfers credited to your account are provisional and subject to our receipt of final payment. We reserve the right to refuse or to return all or any such item or funds transfer. We are also not required to give next day notice to you of receipt of an ACH item. If you refuse move or change your address, you agree to sign such an affidavitinform us in writing where to send notices and your account statements. Unless we are so notified, none of us will be liable to you for any loss arising from we may rely on the problem. For problems involving an electronic banking transaction, please refer to the “Electronic Fund Transfers” sections of this Agreement. These time periods address we have for you to examine in your statement and report “problems” to Pershing are account records with us. Ownership of accounts may not be transferred without regard to the level of care of any of our permission. Please contact us or the commercial reasonableness of our practices, further without regard to whether copies or images of cancelled Checks are supplied or made available to you. Contact Pershing promptly if you do need to change the ownership of an account. This does not receive limit your regular statementability, where otherwise permitted, to access accounts by writing checks or negotiable orders of withdrawal. In addition, this section does not apply to accounts sold as negotiable certificates of deposit and evidenced by an actual certificate. We are not bound by any transfer of ownership, pledge or assignment unless we agree separately in writing to be bound by it.
Appears in 1 contract
Samples: Deposit Account Agreement
Your Duty to Examine Your Statement. Checks. As used in this section, the term “problem” means any error, alteration altera- tion, or unauthorized Transaction (including, but not limited to, forged or missing signatures, unauthorized wire transfers, and excluding Electronic Fund Transfers) related to any Check Transaction(s) Transaction for your Account. Because you are in the best position to discover any problem, you will promptly examine your statement and report to Pershing Stifel any problem on or related to your statement. You agree that none of us will be responsible for any problem related to a Check Transaction Transac- tion that: W • You do not report to Pershing Stifel in writing within a reasonable time not to exceed 20 10 calendar days after Pershing Stifel mails the statement (or makes the statement available) to you; W • Results from a forgery, counterfeit counterfeit, or alteration so clever that a reasonable person cannot detect it (for example, unauthorized unauthor- ized Checks made with your facsimile signature device or that look to an average person as if they contain an authorized signature); or W • As otherwise provided by law or regulation. You may not start a legal action against any of us because of any problem unless: (a) you have given us Stifel the above notice and (b) the legal action begins within one year after we send or make your statement available to you. If you make a claim against any of us in connection with a problem, each of us reserves the right to conduct a reasonable investigation before crediting recrediting your Accountaccount, and you agree to cooperate in such investigation. If any of us requests, you agree to complete an affidavit of forgery or other proof of loss. If you refuse to sign such an affidavit, none of us will be liable to you for any loss arising from the problem. For problems involving an electronic banking transaction, please refer to the “Electronic Fund TransfersTrans- fers” sections of this Agreement. These time periods for you to examine your statement and report “problems” to Pershing Stifel are without regard to the level of care of any of us or the commercial reasonableness of our practices, further without regard to whether copies or images of cancelled Checks are supplied or made available to you. Contact Pershing Stifel promptly if you do not receive your regular statement.
Appears in 1 contract
Samples: Account Agreement