Our Liability for Failure to Make Clause Samples
The 'Our Liability for Failure to Make' clause defines the extent to which a party is responsible if they fail to perform a required action, such as making a payment or delivering goods or services. Typically, this clause outlines the circumstances under which liability arises, any limitations or exclusions of liability, and may specify remedies available to the other party, such as compensation or the right to terminate the agreement. Its core practical function is to allocate risk and clarify the consequences of non-performance, thereby providing certainty and managing expectations between the parties.
Our Liability for Failure to Make a Transfer - If we do not complete a transfer to or from your account, including a ▇▇▇▇ Payment, on time or in the correct amount, according to our agreement with you when you have properly instructed us to do so, we will be liable to you for your losses or damages caused as a result. However, there are some exceptions.
Our Liability for Failure to Make a Transfer
Our Liability for Failure to Make a Transfer. If we do not properly complete a transaction according to this agreement or any superseding or special agreement with you, we will not be liable in any event for losses or damages in excess of the amount of the transaction. However, there are some exceptions. We will NOT be liable, for instance, if:
Our Liability for Failure to Make a Transfer or to Deliver an Electronic Account Alerts ("Alerts"). If we do not complete a transfer to or from your account on time or in the correct amount, or send an email Alert to you (which are electronic notifications transmitted per your request) when properly instructed by you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable for instance, if:
a) Through no fault of ours, you do not have enough money in your account plus any available overdraft protection and/or Discretionary Overdraft Privilege Limit to make the transfer;
• b) The transfer would go over the credit limit on any credit arrangement set up to cover overdrafts or the credit limit on an established line of credit;
• c) Any electronic terminal, other equipment, software, telecommunications device or system, or any part of Online Banking electronic funds transfer system is not working properly and you know about the breakdown when you started the transfer or other transaction;
• d) Circumstances beyond our control (such as fire, flood, interruption in telephone service or other problems) prevent the transfer, despite reasonable precautions that we have taken;
• e) The funds in your account are subject to legal process;
• f) The transaction will exceed the transaction limitations on your account, if any;
• g) Your account is closed or it has been frozen;
• h) We have a reason to believe that the transaction requested is unauthorized, suspicious or fraudulent or violates a law or regulation;
• i) You have not properly followed the onscreen instructions for using Online Banking or otherwise enter incorrect information into Online Banking and/or Bill Pay;
• j) Your operating system was not functioning properly;
• k) You use or rely on the contents of any Alert, or
• l) You use or rely on any spam, phishing scheme or other similar communication. There may also be other exceptions stated in this agreement, other agreements with you or otherwise not specifically mentioned above. 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 Make a Transfer - 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 when you have properly instructed us to do so, we will be liable to you for your actual losses or damages caused as a result. 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 a transfer; (2) If a legal order directs us to prohibit withdrawals from the account; (3) If your account is closed, or if it has been frozen; (4) If the transfer would cause your balance to go over the credit limit of an established line of credit or the credit limit for any credit arrangement set up to cover overdrafts; (5) If you or anyone authorized by you commits any fraud or violates any law or regulation;
Our Liability for Failure to Make. “Electronic Fund Transfers”. If we do not complete an “electronic
Our Liability for Failure to Make. “Electronic Fund Transfers.” If we do not complete an “electronic fund transfer,” as described above, to or from your account(s) on time and in the correct amount according to our agreements with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for the failure to complete a transfer under any of the following circumstances: