Common use of Liability for Failure to Make Clause in Contracts

Liability for Failure to Make. “Electronic Fund Transfers”: If we do not complete an “electronic fund transfer” as described in Section 4, to or from your accounts on time or in the correct amount according to our agreements 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 make the transfer.  If there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer.  If funds in your account are subject to garnishment or other legal process.  If we have, because of your default on a loan, exercised our rights against the funds in a pledged account.  If the transfer would go over the credit limit on your overdraft line.  If the automated teller machine where you made the transfer did not have cash.  If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.  We will also be excused from such liability if you fail to observe the terms of this agreement, or our account agreements with you, which relate to such “electronic funds transfers”.

Liability for Failure to Make. “Electronic Fund Transfers”: If we do not complete an “electronic fund transfer” as described in Section 4, to or from your accounts on time or in the correct amount according to our agreements 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 make the transfer.  • If there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer.  • If funds in your account are subject to garnishment or other legal process.  • If we have, because of your default on a loan, exercised our rights against the funds in a pledged account.  • If the transfer would go over the credit limit on your overdraft line.  • If the automated teller machine where you made the transfer did not have cash.  • If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.  • We will also be excused from such liability if you fail to observe the terms of this agreement, or our account agreements with you, which relate to such “electronic funds transfers”.

Liability for Failure to Make. “Electronic Fund Transfers”: If we do not complete an “electronic fund transfer” as described in Section 4, section 4 to or from your accounts on time or in the correct amount according to our agreements 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 there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer.  If funds in your account are subject to garnishment or other legal process.  If we have, because of your default on a loan, exercised our rights against the funds in a pledged account.  If the transfer would go over the credit limit on your overdraft line.  If the automated teller machine where you made the transfer did not have cash.  If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.  We will also be excused from such liability if you fail to observe the terms of this agreement, or our account agreements with you, which relate to such “electronic funds fund transfers”.

Liability for Failure to Make. “Electronic Fund Transfers”: If we do not complete an “electronic fund transfer” as described in Section 4, to or from your accounts on time or in the correct amount according to our agreements 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 there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer.  • If funds in your account are subject to garnishment or other legal process.  • If we have, because of your default on a loan, exercised our rights against the funds in a pledged account.  • If the transfer would go over the credit limit on your overdraft line.  • If the automated teller machine AUTOMATED TELLER MACHINE where you made the transfer did not have cash.  • If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.  We will also be excused from such liability if you fail to observe the terms of this agreement, or our account agreements with you, which relate to such “electronic funds fund transfers”.: