Liability for Direct or Consequential Damages Clause Samples

The "Liability for Direct or Consequential Damages" clause defines the extent to which a party is responsible for losses arising from a contract, distinguishing between direct damages (immediate and foreseeable losses) and consequential damages (indirect or secondary losses resulting from a breach). Typically, this clause specifies whether a party is liable only for direct damages or also for consequential damages, such as lost profits or business interruption. By clearly outlining these boundaries, the clause helps allocate risk between the parties and prevents unexpected or disproportionate liability for indirect losses.
Liability for Direct or Consequential Damages. 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 or pursuant to our Funds Availability Policy, 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 acts of God (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 subject to our lien or frozen because of a delinquent loan. * If the error was caused by a system of any participating ATM network. * If any circumstances beyond our control (such as your willful or negligent use of your Card, access code, or any EFT facility for making such transfers) prevent the transaction. * If the telephone or computer equipment you use to conduct audio response or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction. * Any other exceptions as established by the Credit Union.
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Liability for Direct or Consequential Damages. If through no fault of ours, there is not enough money in your account to complete the transaction, if any funds in your account necessary to complete the transaction are held as uncollected funds or in accordance with our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit. • 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 claims. • 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 or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction. • Any other exceptions as established by the Credit Union.
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Liability for Direct or Consequential Damages. 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, or pursuant to our Funds Availability Policy, 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. • Any other exceptions as established by the Credit Union.
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Liability for Direct or Consequential Damages. 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 or pursuant to our Funds Availability Policy, 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/ITM where you are making the transfer does not have enough cash. If the ATM/ITM 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/ITM 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 or electronic/PC transactions is not working properly and you know or should have known about the breakdown when you started the transaction. If you have bill payment services, we can only confirm the amount, the participating merchant, and date of the bill 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.
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Liability for Direct or Consequential Damages lf, through no fault of ours, there is not enough money in your accounts to complete the transaction. lf any funds in your accounts necessary to complete the transaction are held as uncollected funds, or pursuant to our Funds Availability Policy, or if the transaction involves a loan request exceeding your credit limit. • lf you used your Card or access code in an incorrect manner. • lf the ATM where you are making the transfer does not have enough cash. • lf the ATM was not working properly and you knew about the problem when you started the transaction. • lf circumstances beyond our control (such as fire, flood, or power failure) prevent the transaction. • lf the money in your account is subject to legal process or other claim. • lf funds in your account are pledged as collateral or frozen because of a delinquent loan. • lf the error was caused by a system of any participating ATM network. • lf 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. • Any other exceptions as established by the Credit Union.
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Related to Liability for Direct or Consequential Damages

  • NO LIABILITY FOR CONSEQUENTIAL DAMAGES In no event shall ▇▇▇▇▇▇▇▇ Software GmbH or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this Software and related materials, even if ▇▇▇▇▇▇▇▇ Software GmbH has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

  • Consequential Damages Neither party to this Agreement shall be liable to the other party for special, indirect or consequential damages under any provision of this Agreement or for any special, indirect or consequential damages arising out of any act or failure to act hereunder.

  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • Claims for Consequential Damages The Owner retains its right to claim for consequential damages in the event the Design Professional fails to perform under this Contract.

  • Special Damages NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, AND EXCEPT AS PROVIDED BELOW, IN NO EVENT WILL EITHER PARTY OR ANY PERSON IN ITS GROUP BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS SUFFERED BY AN INDEMNITEE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, IN CONNECTION WITH ANY DAMAGES ARISING HEREUNDER OR THEREUNDER; PROVIDED, HOWEVER, THAT TO THE EXTENT AN INDEMNIFIED PARTY IS REQUIRED TO PAY ANY DAMAGES, INCLUDING SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOST PROFITS (OTHER THAN DAMAGES OR LOST PROFITS CONSTITUTING EXCLUDED LIABILITIES), TO A PERSON WHO IS NOT IN EITHER GROUP IN CONNECTION WITH A THIRD PARTY CLAIM, SUCH DAMAGES WILL CONSTITUTE DIRECT DAMAGES AND WILL NOT BE SUBJECT TO THE LIMITATION SET FORTH IN THIS SECTION 11.17.