Failure to Perform/Limitation of Liability Clause Samples
The Failure to Perform/Limitation of Liability clause defines the extent to which a party is responsible for damages or losses resulting from their inability to fulfill contractual obligations. Typically, this clause sets caps on the amount or types of damages that can be claimed, and may exclude liability for indirect or consequential losses, such as lost profits or business interruption. Its core function is to allocate and limit risk between the parties, providing predictability and protecting parties from excessive or unforeseen liabilities arising from contract breaches.
Failure to Perform/Limitation of Liability. ▪ We will use reasonable efforts to process your Wire Transfer request. However, we shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient available funds to complete the transfer and/or your request exceeds your available Wire Transfer limits; o The Transfer From Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the Wire Transfer request; o The Wire Transfer Service is not working properly; o You have not provided us with the correct information, including but not limited to the correct recipient or bank routing information; and/or, o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. We are not liable for any indirect, special or consequential damages.
Failure to Perform/Limitation of Liability. ▪ We and our Service Providers will use reasonable efforts to process your Alipay Transfer request. However, we and our Service Providers shall incur no liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient available funds to complete the Alipay Transfer request; o The Transfer From Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the Alipay Transfer request; o The Alipay Transfer Service is not working properly or is not available to us at the time of the Alipay Transfer request; o You have not provided us with the correct information, including but not limited to the recipient’s Name and/or Alipay ID; o The Alipay Transfer request exceeds the Per Transfer Limit, Annual Transfer Limit and/or the recipient’s monthly transaction volume limit, as determined by ▇▇▇▇▇▇; o The recipient’s Alipay Account is not linked to an eligible mainland China bank account; o You or your recipient fail to provide documentation requested by us or our Service Providers in support of the stated transfer purpose or as deemed necessary to complete your Alipay Transfer request; o The recipient’s Alipay Account is deemed ineligible, for any reason, by us or our Service Providers to receive an international money transfer from our Alipay Transfer Service; o The Alipay Transfer Request would violate applicable United States federal or state laws, rules or regulations, including the Office of Foreign Assets Control; or any foreign laws or rules applicable to our Service Providers and/or the receiver and their Alipay account; and/or o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. o We are not liable for any indirect, special or consequential damages for failing to perform any Alipay Transfer.
Failure to Perform/Limitation of Liability. ▪ We and Zelle will use reasonable efforts to process your Zelle transaction request. However, neither we and nor ▇▇▇▇▇ shall have liability to you for any transfers of money, including without limitation (i) any failure, through no fault of us or Zelle, to complete a transaction in the correct amount, or (ii) any related losses or damages. Neither we nor Zelle shall be liable for any typos or keystroke errors that you may make when using the Zelle Service. ▪ Additionally neither we nor ▇▇▇▇▇ shall incur liability if we are unable to complete any transfers initiated by you because of the existence of any one or more of the following circumstances: o If, through no fault of ours, the Eligible Transfer From Account does not contain sufficient funds to complete the transfer; o The Transfer From or To Account does not meet the ownership criteria, is closed, or contains restrictive codes that prevent us from fulfilling the transfer request; o The Zelle Service is not working properly or is not available to us at the time of the Zelle request; o Circumstances beyond our control such as, but not limited to: natural disasters; equipment or system failures; labor disputes, wars or riots; governmental, legal or regulatory restrictions or prohibitions; third party actions; or interference from an outside force prevents the proper execution of the transfer and we have taken reasonable precautions to avoid those circumstances. o We are not liable for any indirect, special or consequential damages for failing to perform any Zelle transaction request.