Common use of The Bank's Liability Clause in Contracts

The Bank's Liability. If the Bank does not complete a transfer of funds to or from a Card on time or in the correct amount in accordance with this Agreement, we will be liable for resulting actual damages—but not indirect, incidental, special, consequential, punitive, or exemplary damages. The Bank will have no liability under the following circumstances: • If, through no fault of the Bank, the Card User does not have enough funds available on the Card to make the transfer; • If the ATM where the Card User is attempting to make a withdrawal does not have enough cash; • If any terminal or system is not working properly and the Card User knew of the defect when starting the transfer; • If we are prohibited by law from completing the transfer; • If circumstances beyond the Bank’s control (such as fire or flood) prevent the Card transaction, despite reasonable precautions that the Bank has taken; • If withdrawals from the Account have been prohibited by a court order such as a garnishment or other legal process; • If the Card User(s) have exceeded the limits on frequency of transfers, dollar amount of transfers, or balance amounts; • If a merchant, financial institution, person-to-person payment service, or other party refuses to make a transfer or accept a transfer from the Card; • If we have reason to believe that the transfer has not been properly authorized or is fraudulent; or • If the Bank’s failure to complete a transfer is unintentional and results from a bona fide error, notwithstanding the Bank’s procedures to avoid such error. There may be other exceptions to liability stated in this Agreement or otherwise provided by law.