Our Liability for Failure to Make Sample Clauses

Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a xxxx payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance:
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Our Liability for Failure to Make a Transfer Consumers, please refer to the "Initial Disclosure of Terms and Conditions of Electronic Funds Transfer Services" previously provided to you and also available on our website. Business customers, refer to Section 23 of these General Terms and Conditions.
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Our Liability for Failure to Make. “Electronic Fund Transfers.” If we do not complete an “electronic fund transfer,” as described above, to or from your account(s) on time and 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 the failure to complete a transfer under any of the following circumstances:  For a loss of a card that is retained or destroyed by an automated teller machine;  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 there is not enough collected funds in your account to make the transfer;  If the 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 on deposit in an account;  If the transfer would take the balance on your overdraft loan (if applicable) over the credit limit;  If the transfer would go over the established limit on your account(s);  If you used your card(s) or other access device in an incorrect, illegal or unauthorized manner;  If the automated teller machine where you are making the withdrawal does not have enough cash;  If the automated teller machine or system where you ar making the transfer was not working properly and you knew about the breakdown when you started the transfer;  If the failure was caused by a merchant, system or network not within our control;  If you use or attempt to use “electronic funds transfers” as described in Section E after your right has been canceled;  If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken;  If you operate the automated teller machine or system improperly;  If you fail to observe the terms and conditions of this Agreement or our account agreements with you; State of Michigan Office of Financial and Insurance Services Box 30224 Lansing, MI 48909
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Our Liability for Failure to Make a Transfer. If we do not properly complete a transaction according to this agreement or any superseding or special agreement with you, we will not be liable in any event for losses or damages in excess of the amount of the transaction. However, there are some exceptions. We will NOT be liable, for instance, if: • Through no fault of our own, you do not have enough money in your account to make the transfer. • The transfer would go over the credit limit on your line of credit, if any. • If you have not given us complete, accurate and current instructions so that we can make a transfer or payment • The system was not working properly and you knew about the breakdown before you started the transfer. • Circumstances beyond our control (such as fire or flood) prevent the transfer from taking place despite reasonable precautions that we have taken. • You attempted transfers on accounts not authorized or on ineligible accounts. • The transfer could not be completed due to your mistake. • The transaction would exceed any limits applicable to the online service you are using • The funds in your account(s) are not available. • The funds in your account(s) are subject to legal process, lien, or other encumbrances restricting transfers. • Your Password has been reported lost or stolen. • We have good reason to believe the transfer request is unauthorized. • An account holder is deceased. • Federal, state or local law prevented us from completing the transfer. There may be other exceptions provided by applicable law, or in the agreements, disclosures and instructions governing your account(s) provided by us, as amended or modified from time to time
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Our Liability for Failure to Make a Transfer If we do not complete a transfer to or from your Cornerstone Bank 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 instance:  If, through no fault of ours, you do not have enough money in your account to make a transfer.  If a legal order directs us to prohibit withdrawals from the account.  If your account is closed or if it has been frozen.  If the transfer would cause your balance to go over the credit limit for any credit arrangement set up to cover overdrafts.  If you, or anyone you allow, commits any fraud, or violates any law or regulation.  If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly.  If you have not properly followed the instructions for using the Online Services.  If circumstances beyond our control (such as fire, flood or improper transmission or handling of payments by a third party) prevent the transfer, despite reasonable precautions taken by us.  If we need further validation to complete the transfer.  There may be other exceptions stated in our agreement with you.
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Our Liability for Failure to Make a Transfer - 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 when you have properly instructed us to do so, we will be liable to you for your actual losses or damages caused as a result. However, there are some exceptions. We will NOT be liable, for instance: (1) If, through no fault of ours, you do not have enough money in your account to make a transfer; (2) If a legal order directs us to prohibit withdrawals from the account; (3) If your account is closed, or if it has been frozen; (4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts; (5) If you or anyone authorized by you commits any fraud or violates any law or regulation; (6) If any electronic terminal, telecommunication device or any part of the electronic fund transfer system is not working properly and you knew about the problem when you started the transfer; (7) Your losses or damages are subject to the limitation on damages in Section (25). If you have not provided us with complete and correct payment information for the Xxxx Payment Service including, without limitation, the name, address, payee-assigned account number, payment date and payment amount for the payee on a xxxx payment; (8) If you have not properly followed the on-screen instructions for using eSERVICES; or (9) If circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) prevent the transfer, despite reasonable precautions that we have taken.
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Our Liability for Failure to Make a Transfer or to Deliver an Electronic Account Alerts ("Alerts"). If we do not complete a transfer to or from your account on time or in the correct amount, or send an email Alert to you (which are electronic notifications transmitted per your request) when properly instructed by you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance, if:
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Related to Our Liability for Failure to Make

  • Our Liability for Failure to Make Transfers 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 instance: * If, through no fault of ours, you do not have enough money in your account to make the transfer. * If the money in your account is subject to legal process or other claim restricting such transfer. * If the transfer would go over the credit limit on your overdraft line. * If the ATM where you are making the transfer does not have enough cash. * If the terminal or system was not working properly and you knew about the breakdown when you started the transfer. * If circumstances beyond our control (such as fire or flood) prevent the transaction, despite reasonable precautions that we have taken. In Case of Errors or Questions About Your Electronic Transfers. Telephone us at (000) 000-0000, or write us at R BANK,0000 X Xxxx Xxxxxx Xxxx, Xxxxx Xxxx, XX 00000 as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than sixty days after we sent the FIRST statement on which the problem or error appeared. * Tell us your name and account number (if any). * Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe it is an error or why you need more information. * Tell us the dollar amount of the suspected error. * If you tell us orally, we may request that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your account within ten business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your account. If a notice of error involves an electronic fund transfer that occurred within thirty (30) days after the first deposit to the account was made, the error involves a new account. For errors involving new accounts, point ofsale debit card transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit your account for the amount you think is in error. We will tell you the results within three (3) business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.

  • OUR LIABILITY FOR FAILURE TO STOP PAYMENT If You order Us to place a stop payment on one of Your pre-authorized payments 3 business days or more before the transfer is scheduled, and We do not do so, We will be liable for losses or damages, to the extent provided by law. TRANSACTION SLIPS. Except for mail-in transactions and certain small-value transactions, You can get a receipt at the time You make any transaction to or from Your Account through the use of Your Card. When an electronic fund transfer has been made during any given month, You will receive a monthly statement to reflect all electronic fund transfers to or from Your Account during that statement period. In any case, You will receive a statement at least quarterly. FEES. We may assess reasonable charges against Your Account for transactions performed at electronic terminals. If so, We will specify any charges for these or other types of electronic transactions, including automatic transfers, on an accompanying pricing document. We will explain the charges to You when You open Your Account. You will be provided with a fee schedule, and other specified information after Your Account is established. Additional fee schedules are available at any of Our office locations. When You use an ATM not owned by Us, You may be charged a fee by the ATM operator, or any network used, and You may be charged a fee for a balance inquiry even if You do not complete a fund transfer.

  • Liability for Failure to Make Transfers 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 instance:

  • CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS 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 may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events: - If, through no fault of ours, there is not enough money in your accounts to complete the transaction, if any funds in your accounts necessary to complete the transaction are held as uncollected funds pursuant to our Funds Availability Policy Disclosure, or if the transaction involves a loan request exceeding your credit limit. - If you used your card or access code in an incorrect manner. - If the ATM where you are making the transfer does not have enough cash. - If the ATM was not working properly and you knew about the problem when you started the transaction. - If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. - If the money in your account is subject to legal process or other claim. - If funds in your account are pledged as collateral or frozen because of a delinquent loan. - If the error was caused by a system of any participating ATM network. - If the electronic transfer is not completed as a result of your willful or negligent use of your card, access code, or any EFT facility for making such transfers. - If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking transactions is not working properly and you know or should have known about the breakdown when you started the transaction. - If you have xxxx payment services, we can only confirm the amount, the participating merchant, and date of the xxxx payment transfer made by the Credit Union. For any other error or question you have involving the billing statement of the participating merchant, you must contact the merchant directly. We are not responsible for investigating such errors. - Any other exceptions as established by the Credit Union.

  • Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card 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 instance:

  • LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS If We do not properly complete a transaction to or from Your Account according to this Agreement, We will be liable for Your losses or damages. However, We will not be liable if: (a) Your Account does not contain enough available funds to make the transaction through no fault of Ours; (b) the ATM where You are making the transfer does not have enough cash; (c) the terminal was not working properly and You knew about the breakdown when You started the transaction; (d) circumstances beyond Our control prevent the transaction despite reasonable precautions that We have taken; (e) Your Card is retrieved or retained by an ATM;

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within 30 calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional provision of Products to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within thirty calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional shipments of Product or provision of services to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Make Payments If the Company fails to make any payment of interest on this Subordinated Note when such interest becomes due and payable and such default continues for a period of 30 days, or if the Company fails to make any payment of the principal of this Subordinated Note when such principal becomes due and payable, the Company will, upon demand of the Trustee, pay to the Trustee, for the benefit of the Holder, the whole amount then due and payable with respect to this Subordinated Note, with interest upon the overdue principal, any premium and, to the extent permitted by applicable law, upon any overdue installments of interest at the rate or respective rates, as the case may be, provided for or with respect to this Subordinated Note or, if no such rate or rates are so provided, at the rate or respective rates, as the case may be, of interest borne by this Subordinated Note. Upon an Event of Default, the Company may not declare or pay any dividends or distributions on, or redeem, purchase, acquire, or make a liquidation payment with respect to, any of the Company’s capital stock, make any payment of principal or interest or premium, if any, on or repay, repurchase or redeem any debt securities of the Company that rank equal with or junior to this Subordinated Note, or make any payments under any guarantee that ranks equal with or junior to this Subordinated Note, other than: (i) any dividends or distributions in shares of, or options, warrants or rights to subscribe for or purchase shares of, any class of Company’s common stock; (ii) any declaration of a dividend in connection with the implementation of a shareholders’ rights plan, or the issuance of stock under any such plan in the future, or the redemption or repurchase of any such rights pursuant thereto; (iii) as a result of a reclassification of Company’s capital stock or the exchange or conversion of one class or series of Company’s capital stock for another class or series of Company’s capital stock; (iv) the purchase of fractional interests in shares of Company’s capital stock in accordance with the conversion or exchange provisions of such capital stock or the security being converted or exchanged; or (v) purchases of any class of Company’s common stock related to the issuance of common stock or rights under any of benefit plans for Company’s directors, officers or employees or any of Company’s dividend reinvestment plans.

  • Our Liability for Failing to Make Transfers If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

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