Common use of Credit Union’s Liability Clause in Contracts

Credit Union’s Liability. 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, there are some exceptions. We will not be liable, for instance: • If, through no fault of ours, there is not enough money in your Accounts to make the transfer, if any funds in your accounts necessary to complete the transfer are held as uncollected funds or pursuant to our Funds Availability Policy, if any funds in your Accounts necessary to complete the transaction are held subject to legal process or other claim, or if the transaction involves a loan request exceeding your credit limit. • If you used your card or access code in an incorrect manner, or after your right to use your card or access code has been cancelled • 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 transfer • If circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction, despite reasonable precautions we have taken • If the funds in your Account necessary to complete the transaction are subject to legal process or other claim • If funds in your Account are pledged as collateral, are frozen or offset 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 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 or electronic/PC transactions is not working properly and you knew or should have known about the breakdown when you started the transaction. • If a law or regulation prevents us from completing the transaction . • Any other exceptions as established by the credit union.