Common use of Our Liability for Failing to Make Transfers Clause in Contracts

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund 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. There are some exceptions, however. We will not be liable, for instance, if: • Through no fault of ours, you do not have enough available funds in your account to make the transfer; • The transfer would exceed any permitted overdraft line you have with us; • The ATM where you are making the transfer does not have enough cash; • Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, pandemic, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; • The system, ATM or POS terminal was not working properly and you knew about the problem when you started thetransaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not availablefor withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We believe the transaction may not be authorized by you; or • The transaction cannot be completed because your Debit Card is damaged. There may be other exceptions stated in our agreement with you.

Appears in 2 contracts

Samples: bancofcal.com, bancofcal.com

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Our Liability for Failing to Make Transfers. If we do not complete an electronic fund 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. There are some exceptions, however. We will not be liable, for instance, if: • Through no fault of ours, you do not have enough available funds in your account to make the transfer; • The transfer would exceed any permitted overdraft line you have with us; • The ATM where you are making the transfer does not have enough cash; • Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, pandemic, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; • The system, ATM or POS terminal was not working properly and you knew about the problem when you started thetransactionthe transaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not availablefor available for withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We believe the transaction may not be authorized by you; or • The transaction cannot be completed because your Debit Card is damaged. There may be other exceptions stated in our agreement with you.

Appears in 1 contract

Samples: bancofcal.com

Our Liability for Failing to Make Transfers. If we do not complete an electronic fund funds 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. There are some exceptions, however. We will not be liable, for instance, if: • Through no fault of ours, you do not have enough available funds in your account to make the transfer; • The transfer would exceed any permitted overdraft line you have with us; • The ATM where you are making the transfer does not have enough cash; • Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, pandemic, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; • The system, ATM or POS terminal was not working properly and you knew about the problem when you started thetransactionthe transaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not availablefor available for withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We have reason to believe the transaction may not be authorized by you; • You do not follow the instructions provided (if any) for initiating the transfer; or • The transaction cannot be completed because your Debit Card is damaged. There may be other exceptions stated in our agreement with you.

Appears in 1 contract

Samples: About the Agreement

Our Liability for Failing to Make Transfers. If we do We will not complete be liable for your losses or damages in regard to an electronic fund 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. There are some exceptions, however. We will not be liable, for instance, ifAccount: • Through (i) if through no fault of ours, you do your Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not have enough available funds in your account been finally collected or are subject to make legal process); (ii) if the transfer; • The transfer would exceed any permitted overdraft line you have with us; • The ATM where you are making the transfer trying to make a withdrawal does not have enough cash; • Circumstances (iii) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (iv) if a merchant refuses to honor your Card; (v) if you attempt to use a Card that has not been properly activated; (vi) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (vii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your Account privileges, or if we have reason to believe the transaction is not authorized by you; (viii) if the transaction cannot be completed because your Card is damaged; (ix) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, pandemic, telephone line disruption disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; • The system, ATM or POS terminal was not working properly and you knew about the problem when you started thetransaction; • The funds (x) as otherwise provided in your account are subject to legal process, an uncollected funds hold or are otherwise not availablefor withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We believe the transaction may not be authorized by you; or • The transaction cannot be completed because your Debit Card is damaged. There may be other exceptions stated in our agreement with youthis Agreement.

Appears in 1 contract

Samples: Account Agreement

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Our Liability for Failing to Make Transfers. If we do not complete an electronic fund 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. There are some exceptions, however. We will not be liable, for instance, if: • Through no fault of ours, you do not have enough available funds in your account to make the transfer; • The transfer would exceed any permitted overdraft line you have with us; • The ATM where you are making the transfer does not have enough cash; • Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, pandemic, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; • The system, ATM or POS terminal was not working properly and you knew about the problem when you started thetransaction; • The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not availablefor withdrawal; • The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely; • We believe the transaction may not be authorized by you; or • The transaction cannot be completed because your Debit Card is damaged. There may be other exceptions stated in our agreement with you.

Appears in 1 contract

Samples: bancofcal.com

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