OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION Clause Samples
OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages proximately caused by our failure unless:
1. There are insufficient funds in your account to complete the transaction through no fault of ours or the account has been closed.
2. The funds in your account are unavailable.
3. The funds in your account are subject to legal process.
4. The transaction you request would exceed the funds in your account plus any available overdraft credit.
5. Your Password has been reported lost or stolen or your service privileges have been suspended.
6. We have a reason to believe that the transaction requested is unauthorized.
7. The failure is due to an equipment breakdown, which you knew about when you started the transaction.
8. The failure is due to a loss of power or Internet connectivity during your session where you were not provided, or did not record, your transaction confirmation number.
9. The failure was caused by an act of God, fire or other catastrophe, or by an electrical or computer failure or by another cause beyond our control.
10. You attempt to complete a transaction using the service which is not a permissible transaction.
11. The transaction would exceed security limitations on the use of the service.
12. You have not given us complete information or properly followed our procedures on how to complete a transaction. There may be other exceptions in the applicable Deposit Account Agreement or other Agreements between us. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.
OUR LIABILITY FOR FAILURE TO COMPLETE AN ELECTRONIC FUND TRANSACTION. If we fail to complete a transaction on time or in the correct amount, when properly instructed by you, we will be liable for certain damages ultimately caused by our failure unless:
1. There are insufficient funds in your account to complete the transaction through no fault of ours.
2. The account has been closed.
3. The funds in your account are unavailable.
4. The funds in your account are subject to legal process.
5. The transaction you requested would exceed the funds in your account plus any available overdraft credit.
6. Your password has been reported lost or stolen, or your service privileges have been suspended.
7. We have reason to believe the transaction requested is unauthorized.
8. The failure is due to an equipment breakdown, which you knew about when you started the transaction.
9. The failure is due to a loss of power or Internet connectivity during your session when you were not provided, or did not record, your transaction confirmation number.
10. The failure was caused by a fire (or some other catastrophe), an electrical or computer failure, or another cause beyond our control.
11. You attempt to complete a transaction using the service that is not a permissible transaction.
12. The transaction would exceed security limitations on the use of the service.
13. You have not given us complete information or properly followed our procedures on how to complete a transaction. There may be other exceptions in our Personal Deposit Account Agreement or other agreements between us. In any case, we shall only be liable for actual proven damages if the failure to make the transaction resulted from a bona fide error despite our procedures to avoid such errors.