Common use of FAILURE TO MAKE TRANSFERS Clause in Contracts

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 up to the value of the transfer. 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 the transfer; 2. If the transfer will go over the credit limit on your Overdraft Agreement; 3. If the system was not working properly; 4. If there is a dispute about the amount to be paid or transferred, or we have been legally ordered to pay to or hold the money in your account for someone else; 5. If a withdrawal would consist of money deposited in the form of a check or other order and is not yet available for withdrawal; 6. If you have told us that your password was lost or stolen; 7. If, in the case of a preauthorized credit or debit to your account, the correct amount, or we do not have the required authorization to perform the transaction; 8. If circumstances beyond our control (such as fire, flood, or natural disaster) prevent the transfer, despite reasonable precautions and efforts we have taken. 9. Other exceptions may be stated in our stop payment agreement with you.

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 up to the value of the transfer. However, there are some exceptions. We will not be liable, for instance: 1. a) If, through no fault of ours, you do not have enough money in your account to make the transferthetransfer; 2. b) If the transfer will go over the credit limit on your Overdraft Agreement; 3. c) If the system was not working properly; 4. d) If there is a dispute about the amount to be paid or transferred, or we have been legally ordered to pay to or hold the money in your account for someone else; 5. e) If a withdrawal would consist of money deposited in the form of a check or other order and is not yet available for withdrawal; 6. f) If you have told us that your password was lost or stolen; 7. g) If, in the case of a preauthorized credit or debit to your account, a third party does not send your money to us on time or does not send us the correct amount, or we do not have the required authorization to perform the transactionthetransaction; 8. h) If circumstances beyond our control (such as fire, flood, or natural disaster) prevent the transfer, despite reasonable precautions and efforts we have taken. 9. Other exceptions may be stated in our stop payment agreement with you.