Statements, Notifications and Your Duty to Examine. A monthly statement for all Accounts (except CD Accounts) will be made available to you, unless otherwise described in the Deposit Account Disclosure or the BMO Business Service Fee Schedule. We will mail statements to you at the address in our files, unless we agree otherwise. If you have agreed to receive statements electronically, we will send you email notices at the email address we have on record when your statements are available. The notice will identify the website where the statements are posted. For Accounts owned jointly, the periodic statement will only be sent to the primary address we have on file for your Account. Please contact your BMO Banker for more information on the primary address we have on file for your Account or to make changes. The balance shown on your statement is not final until verified by us in comparison with our records. We reserve the right not to send or otherwise make available to you statements on Accounts (a) where no transaction occurs other than the posting of interest, (b) a statement is returned as undeliverable, or (c) we consider Dormant or abandoned. If we retain your Checks or any other evidence of debit or credit entries to your Account and do not return them to you, we may destroy them and use reasonable care to maintain legible copies for any period required by Applicable Law. Copies of your statements and Checks will be made available to you for a fee as described in the Deposit Account Disclosure or the BMO Business Service Fee Schedule. You must promptly and carefully examine all statements, the images of your canceled Checks, and other Items we provide or make available to you regarding your Account. If you believe there is an error on the statement, or that some unauthorized person has withdrawn funds from your Account, you must notify us immediately. Your Account statement will be considered correct unless you notify us otherwise. Because you are in the best position to prevent and discover an unauthorized or altered transaction, you agree that we will not be liable: (a) if you did not exercise reasonable care in examining the statement, the images of your canceled Checks or any other Items; (b) if you did not report the unauthorized or altered transaction to us within thirty (30) days of the date we mailed or made available the earliest statement reflecting such transaction; (c) if the Items drawn without authority or altered were forged, counterfeited or altered so cleverly that a reasonable person cannot detect it (for example, unauthorized Checks made with your facsimile or other Signature Device or that look to an average person as if they contain an authorized signature); or (d) as otherwise provided by Applicable Law. The period in which you must notify us if your statement shows an unauthorized transaction may be longer or shorter if the transaction is related to wire transfers or other fund transfers (see Section 7.H of this Agreement), a substitute Check for personal Accounts (see Section 6 of this Agreement), or an unauthorized electronic funds transfer or Card transaction on a personal Account or Card (see Sections 5 and 9 of this Agreement). Subject to Applicable Law, you are precluded from commencing legal action or an arbitration proceeding against us relating to or arising from erroneous, unauthorized or altered Checks or Items, signatures, endorsements or other problems unless you commence such legal action or arbitration within one (1) year after we mailed or made available to you the first statement reflecting the transaction in question. Subject to Applicable Law, with regard to any transaction you claim to be unauthorized or altered, we reserve the right to conduct a reasonable investigation before re-crediting your Account and you agree to fully cooperate with such investigation, including completing and signing an affidavit of unauthorized transaction and providing us with a copy of any police report you filed with regard to the transaction, if such steps are deemed necessary in our sole discretion. If you are unwilling to fully cooperate with our investigation, you agree that we may consider the matter resolved and reverse any provisional credit we may have provided.
Appears in 1 contract
Sources: Deposit Account Agreement
Statements, Notifications and Your Duty to Examine. A monthly statement for all Accounts (except CD Accounts) will be made available to you, unless otherwise described in the Deposit Account Disclosure or the BMO ▇▇▇▇▇▇ Bank Business Service Fee Schedule. We will mail statements to you at the address in our files, unless we agree otherwise. If you have agreed to receive statements electronically, we will send you email notices at the email address we have on record when your statements are available. The notice will identify the website where the statements are posted. For Accounts owned jointly, the periodic statement will only be sent to the primary address we have on file for your Account. Please contact your BMO ▇▇▇▇▇▇ Banker for more information on the primary address we have on file for your Account or to make changes. The balance shown on your statement is not final until verified by us in comparison with our records. We reserve the right not to send or otherwise make available to you statements on Accounts (a) where no transaction occurs other than the posting of interest, (b) a statement is returned as undeliverable, or (c) we consider Dormant or abandoned. If we retain your Checks or any other evidence of debit or credit entries to your Account and do not return them to you, we may destroy them and use reasonable care to maintain legible copies for any period required by Applicable Law. Copies of your statements and Checks will be made available to you for a fee as described in the Deposit Account Disclosure or the BMO ▇▇▇▇▇▇ Bank Business Service Fee Schedule. You must promptly and carefully examine all statements, the images of your canceled Checks, and other Items we provide or make available to you regarding your Account. If you believe there is an error on the statement, or that some unauthorized person has withdrawn funds from your Account, you must notify us immediately. Your Account statement will be considered correct unless you notify us otherwise. Because you are in the best position to prevent and discover an unauthorized or altered transaction, you agree that we will not be liable: (a) if you did not exercise reasonable care in examining the statement, the images of your canceled Checks or any other Items; (b) if you did not report the unauthorized or altered transaction to us within thirty (30) days of the date we mailed or made available the earliest statement reflecting such transaction; (c) if the Items drawn without authority or altered were forged, counterfeited or altered so cleverly that a reasonable person cannot detect it (for example, unauthorized Checks made with your facsimile or other Signature Device or that look to an average person as if they contain an authorized signature); or (d) as otherwise provided by Applicable Law. The period in which you must notify us if your statement shows an unauthorized transaction may be longer or shorter if the transaction is related to wire transfers or other fund transfers (see Section 7.H of this Agreement), a substitute Check for personal Accounts (see Section 6 of this Agreement), or an unauthorized electronic funds transfer or Card transaction on a personal Account or Card (see Sections 5 and 9 of this Agreement). Subject to Applicable Law, you are precluded from commencing legal action or an arbitration proceeding against us relating to or arising from erroneous, unauthorized or altered Checks or Items, signatures, endorsements or other problems unless you commence such legal action or arbitration within one (1) year after we mailed or made available to you the first statement reflecting the transaction in question. Subject to Applicable Law, with regard to any transaction you claim to be unauthorized or altered, we reserve the right to conduct a reasonable investigation before re-crediting your Account and you agree to fully cooperate with such investigation, including completing and signing an affidavit of unauthorized transaction and providing us with a copy of any police report you filed with regard to the transaction, if such steps are deemed necessary in our sole discretion. If you are unwilling to fully cooperate with our investigation, you agree that we may consider the matter resolved and reverse any provisional credit we may have provided.
Appears in 1 contract
Sources: Deposit Account Agreement
Statements, Notifications and Your Duty to Examine. A monthly statement for all Accounts (except CD Accounts) will be made available to you, unless otherwise described in the Deposit Account Disclosure or the BMO ▇▇▇▇▇▇ Bank Business Service Fee Schedule. We will mail statements to you at the address in our files, unless we agree otherwise. If you have agreed to receive statements electronically, we will send you email notices at the email address we have on record when your statements are available. The notice will identify the website where the statements are posted. For Accounts owned jointly, the periodic statement will only be sent to the primary address we have on file for your Account. Please contact your BMO Banker for more information on the primary address we have on file for your Primary Account or to make changesOwner. The balance shown on your statement is not final until verified by us in comparison with our records. We reserve the right not to send or otherwise make available to you statements on Accounts (a) where no transaction occurs other than the posting of interest, (b) a statement is returned as undeliverable, or (c) we consider Dormant or abandoned. If we retain your Checks or any other evidence of debit or credit entries to your Account and do not return them to you, we may destroy them and use reasonable care to maintain legible copies for any period required by Applicable Law. Copies of your statements and Checks will be made available to you for a fee as described in the Deposit Account Disclosure or the BMO ▇▇▇▇▇▇ Bank Business Service Fee Schedule. You must promptly and carefully examine all statements, the images of your canceled Checks, and other Items we provide or make available to you regarding your Account. If you believe feel there is an error on the statement, or that some unauthorized person has withdrawn funds from your Account, you must notify us immediatelyin a timely manner. Your Account statement will be considered correct unless you notify us otherwise. Because you are in the best position to prevent and discover an unauthorized or altered transaction, you agree that we will not be liable: (a) if you did not exercise reasonable care in examining the statement, the images of your canceled Checks or any other Items; (b) if you did not report the unauthorized or altered transaction to us within thirty (30) days of the date we mailed or made available the earliest statement reflecting such transaction; (c) if the Items drawn without authority or altered were forged, counterfeited or altered so cleverly that a reasonable person cannot detect it (for example, unauthorized Checks made with your facsimile or other Signature Device or that look to an average person as if they contain an authorized signature); or (d) as otherwise provided by Applicable Law. The period in which you must notify us if your statement shows an unauthorized transaction may be longer or shorter if the transaction is related to wire transfers or other fund transfers (see Section 7.H of this Agreement), a substitute Check for personal Accounts (see Section 6 of this Agreement), or an unauthorized electronic funds transfer or Card transaction on a personal Account or Card (see Sections 5 and 9 of this Agreement). Subject to Applicable Law, you are precluded from commencing legal action or an arbitration proceeding against us relating to or arising from erroneous, unauthorized or altered Checks or Items, signatures, endorsements or other problems unless you commence such legal action or arbitration within one (1) year after we mailed or made available to you the first statement reflecting the transaction in question. Subject to Applicable Law, with regard to any transaction you claim to be unauthorized or altered, we reserve the right to conduct a reasonable investigation before re-crediting your Account and you agree to fully cooperate with such investigation, including completing and signing an affidavit of unauthorized transaction and providing us with a copy of any police report you filed with regard to the transaction, if such steps are deemed necessary in our sole discretion. If you are unwilling to fully cooperate with our investigation, you agree that we may consider the matter resolved and reverse any provisional credit we may have provided.Section
Appears in 1 contract
Sources: Deposit Account Agreement