Liability for Failure to Make Sample Clauses

Liability for Failure to Make. Electronic Fund Transfers”: If we do not complete an “electronic fund transfer” as described in Section 4, to or from your accounts on time or 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 instance:  If, through no fault of ours, you do not have enough money in your account make the transfer.  If there is not enough money in your account, in excess of amounts you have pledged to us as collateral for a loan, to make the transfer.  If funds in your account are subject to garnishment or other legal process.  If we have, because of your default on a loan, exercised our rights against the funds in a pledged account.  If the transfer would go over the credit limit on your overdraft line.  If the automated teller machine where you made the transfer did not have cash.  If circumstances beyond our control, such as fire or flood, prevent the transfer, despite reasonable precautions we have taken.  We will also be excused from such liability if you fail to observe the terms of this agreement, or our account agreements with you, which relate to such “electronic funds transfers”.
Liability for Failure to Make. Transfers 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, we will be liable for your losses or damages. 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 the transfer; (2) if you have an overdraft line and the transfer would go over the credit limit; (3) if the automated teller machine where you are making the transfer does not have enough cash; (4) if the terminal or system was not working properly and you knew about the breakdown when you started the transfer; (5) if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken. There may be other exceptions stated in our Agreement with you. Confidentiality We will disclose information to third parties about your Account or the transfers you make: (1) where it is necessary for completing transfers; or (2) in order to verify the existence and condition of your account for a third party, such as a credit bureau or merchant; or (3) in order to comply with a government agency or court order; or (4) as explained in a separate Privacy Policy Disclosure. Summary of Your Liability for Unauthorized Transfers In general tell us AT ONCE if you believe your Card or PIN has been lost or stolen or if you believe that an electronic funds transfer has been made without your permission using information from your check. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Accounts (plus your maximum overdraft line of credit and open-end credit). If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50.00 if someone used your Card or PIN without your permission. If you do NOT tell us within two business days after you learn of the loss or theft of your card or PIN, and we can prove we could have stopped someone from using your card or PIN without your permission if you had told us, you could lose as much as $500.00. Also, if your Statement shows transfers that you did not make, TELL US AT ONCE. If you do not tell us within 60 days after the Statement was mailed to you, or eStatements were made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had tol...
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 losses or damages caused as a result. The Bank will not be liable for failure to make transfers if: (1) if funds are not available in your bank account; (2) a legal order directs us to prohibit withdrawals from the account; (3) 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; (6) if Peoples Online Banking was not properly used; and (7) for circumstances beyond our control (such as fire, flood, interruption in telephone service or other communication lines) which prevent the transfer, despite reasonable precautions that we have taken. Your Liability for Unauthorized Transfers - CONTACT US AT ONCE if you believe your password has been lost, stolen, used without your authorization, or otherwise compromised, or if someone has transferred or may transfer money from your accounts without your permission. An immediate telephone call to us is the best way to reduce any possible losses. If you contact us within 2 business days after you learn of the loss, theft, compromise, or unauthorized use of your password, you are liable for no more than $50.00; however failure to notify us within 2 business days could result in liability for as much as $500. Exceptions, at our discretion, apply under extenuating circumstances (hospital stay, death in family, etc.) You may contact us by phone at 1-800-374-6123, or notify us in writing at Peoples Bank, 138 Putnam St., Marietta, OH 45750. Disclaimer of Warranty and Limitation of Liability - Peoples Bank makes no warranties, express or implied, of any kind including, but not limited to, warranties of quality, accuracy, merchantability or fitness for a particular purpose with respect to Peoples Online Banking and we do not make any warranties that Peoples Online Banking will meet any specific requirements you may have, or be fit for any particular purpose. Should you assert any claim for or arising from any defect or breach in connection with the program, whether for incidental, consequential, direct or indirect damages, or in tort, your sole...
Liability for Failure to Make. TRANSFERS INVOLVING CONSUMER ACCOUNTS If we do not complete a transfer to or from your Consumer Account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will NOT be liable, whether you have a Consumer Account or another Account, for instance: • if, through no fault of ours, you do not have enough money in your Account or your Third-party Account to make the transfer; • if the funds transfer is not complete, or is reversed, because the provider of your Third-party Account does not permit the transfer; • if the transfer would go over the credit limit on your overdraft line or private line of credit; • if our or your system was not working properly and you knew about the breakdown when you started the transfer; • if circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions we have taken; • if there are other exceptions stated in our agreement with you.
Liability for Failure to Make a Transfer – If we do not complete a transfer to or from your account, including a Bill 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. We will NOT be liable, for instance:

Related to Liability for Failure to Make

CREDIT UNION LIABILITY FOR FAILURE TO MAKE TRANSFERS 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, we may be liable for your losses or damages. However, we will not be liable for direct or consequential damages in the following events: - 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 pursuant to our Funds Availability Policy Disclosure, 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. - If the telephone or computer equipment you use to conduct audio response, online/PC, or mobile banking 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.
Liability for Breach of Contract 1. If the parties can not continue the performance of this agreement due to either party’s breach, the breaching party shall pay the other party liquidated damages equal to 10% of all amounts payable during the performance of this agreement.
Our Liability for Failure to Complete Transactions If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Liability for Deficiency If any sale or other disposition of Collateral by Secured Party or any other action of Secured Party hereunder results in reduction of the Obligations, such action will not release Debtor from its liability to Secured Party for any unpaid Obligations, including costs, charges and expenses incurred in the liquidation of Collateral, together with interest thereon, and the same shall be immediately due and payable to Secured Party at Secured Party's address set forth in the opening paragraph hereof.
Liability for Breach of Agreement 9.1 The Parties agree and confirm that, if either Party is in breach of any provisions herein or fails to perform its obligations hereunder, such breach or failure shall constitute a default under this Agreement, which shall entitle the non-defaulting Party to request the defaulting Party to rectify or remedy such default with a reasonable period of time. If the defaulting Party fails to rectify or remedy such default within the reasonable period of time or within 10 days of non-defaulting Party’s written notice requesting for such rectification or remedy, then the non-defaulting Party shall be entitled to elect the following remedial actions:
Liabilities for Breach of Contract 11.1 The Parties agree and acknowledge that, if any Party (“Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion:
Liability for Default 4.1 If Borrower conducts any material breach of any term of this Agreement, Lender shall have right to terminate this Agreement and require the Borrower to compensate all damages; this Section 4.1 shall not prejudice any other rights of Lender herein.
– LIABILITY FOR DAMAGES II.4.1 The Commission may not be held liable for any damage caused or sustained by the beneficiary, including any damage caused to third parties as a consequence of or during the implementation of the action.
Liability for defects BHJ is only liable for material defects in the goods and provided that the Purchaser has complained about a material defect within the deadline set out in section 10 and the complaint is justified. If the Purchaser established that BHJ can be held liable for the defects, BHJ shall in its sole discretion and as its sole obligation replace the delivery, remedy the defect, or offer the Purchaser a proportional price reduction, whereupon the defect shall be deemed to be fully remedied. The Purchaser is not entitled to compensation for losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ´ total liability is limited in accordance with section 13. Clause 3 shall apply to delays in respect of replacement deliveries. If goods are used as a component or ingredient in the Purchaser's products and a material defect in the goods causes damage to such products or results in a loss for the Purchaser, BHJ is subject to a timely and justifiable complaint according to sections 10 and 11 liable for the Purchaser's documented direct loss. The Purchaser is not entitled to compensation for other losses including loss of business opportunities, loss of profit, loss of time or other indirect losses and BHJ' total loss is limited in accordance with section 13.
Liability for Breach Liabilities of the Seller for any breach or failure to perform any of the Seller’s covenants and agreements contained in, or made pursuant to, this Agreement, or, prior to the Closing Date, any other contract, whether or not assumed hereunder, including breach arising from assignment of contracts hereunder without consent of third parties.