WIRE
TRANSFER AGREEMENT AND DISCLOSURE
Credit Union Wire Transfer Terms and Conditions
This agreement and notice apply to each funds transfer (sometimes
referred to as “wire transfer”) as defined in
Article 4A of the Uniform Commercial Code ("UCC Article
4A") and as covered by Regulation J of the Board of
Governors of the Federal Reserve System ("Regulation
J").
UCC Article 4A and Regulation J establish a comprehensive
legal framework covering the duties, responsibilities and
liabilities of all parties involved in a funds transfer.
Member irrevocably submits to the jurisdiction of any state
or federal court sitting in Westchester County, New York
and agrees that in any action brought hereunder venue shall
be placed in such county and that member will not claim
that such forum is inconvenient. Using the Credit Union
to send or receive wire transfers shall constitute acceptance
of this agreement.
The party whom the member is transferring the funds to is
the "Beneficiary." The bank or financial institution
at which the Beneficiary maintains the account to which
the funds are being transferred or the bank disbursing the
funds to the Beneficiary is the "Beneficiary Bank."
The entire series of transactions, commencing with the request
for a wire transfer, up until and including the payment
to the Beneficiary shall be referred to as a "funds
transfer." The instruction to the Credit Union to pay
a sum of money to a Beneficiary is referred to herein as
a "Payment Order."
- Service Description:
The Credit Union offers a funds transfer service that
enables members to transfer funds by wire from specific
member account(s) to any other account(s) specified by
the member, whether such accounts are at the Credit Union
or another financial institution. Members may initiate
a funds transfer by contacting the Credit Union. The Credit
Union offers a service for sending outgoing funds transfers
on a scheduled recurring basis from member accounts. A
recurring funds transfer can be established by contacting
the Credit Union. The member selects the day the funds
transfer should occur and the Credit Union will, subject
to the terms and conditions set forth herein, send the
funds transfer on the designated date in accordance with
the instructions outlined by the member.
- Cutoff Times/Execution:
The Credit Union may establish or change from time to
time cutoff times for the receipt and processing of funds
transfers requests, amendments or cancellations. Unless
other times are posted for various types of funds transfers,
the cutoff time will be at 2:30 p.m. ET on each weekday
that the Credit Union is open which is not a holiday.
Payment Orders, cancellations or amendments received after
the applicable cutoff time may be treated as having been
received on the next Business Day and processed accordingly.
- Fees:
The Credit Union may charge an account(s) for:
- The amount of any funds transfer
initiated by any person authorized to the account
from which the funds transfer is to be made,
- Any "Wire Transfer Recurring
Fees" (refer to the Credit Union Fee
Schedule),
- Any additional applicable fees
for wire transfers set forth in the Credit Union Fee
Schedule. All fees are subject to change from time
to time at the discretion of the Credit Union.
- Inconsistencies Between Name
and Account Number:
A member will be responsible to the Credit Union if the
funds transfer is completed on the basis of the identification
number provided, even if the number identifies a person
different than the named Beneficiary. A member will be
responsible for any loss or expenses incurred by a receiving
Beneficiary Bank that executes or attempts to execute
the Payment Order in reliance on the identifying number
provided.
- Duty of Ordinary Care:
In executing any Payment Order, the Credit Union may use
the service of correspondent and intermediary banks. The
Credit Union uses ordinary care in the selection of a
bank and in the transmission of the message and funds,
however, once the funds have been given to the designated
or correspondent bank, they become their property. It
becomes their responsibility to locate, identify and make
payment to the recipient. The Beneficiary Bank may deduct
certain service charges from the amount sent.
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- Rejection of Funds Transfer/Liability
of the Credit Union:
The Credit Union reserves the right to reject a Payment
Order. The Credit Union may reject an order if there are
insufficient funds in an account, if the order is incomplete
or unclear or for any other reason. While the Credit Union
will handle a Payment Order as expeditiously as possible,
the Credit Union will not be responsible for any delay,
failure to execute or mis-execution of the order due to
circumstances beyond reasonable control.
- Errors/Delays:
Within ninety (90) days after notification has been received
that the Payment Order has been executed, the Credit Union
must be notified of any errors, delays or other problems
related to the order. In the event that the funds transfer
is delayed or erroneously executed and a loss is suffered
as a result of the Credit Union’s error, its sole
obligation is to pay or refund such amounts as may be
required by applicable law. If the Credit Union becomes
obligated under Article 4A to pay interest, the rate of
interest to be paid shall be equal to the dividend rate
on a daily basis, applicable to the account at the Credit
Union to which the funds transfer should have been made
or from which the funds transfer was made.
- Notice of Receipt of Funds Transfer:
Receipt of all funds transfers will be reflected on the
periodic account statement. To inquire as to whether or
not a specific funds transfer has been received contact
the Credit Union.
- Recurring Funds Transfers:
Recurring funds transfers are those transfers for which
all Payment Order information remains the same. Members
must supply all required information to complete the transfers.
The funds transfer will be initiated on the day specified
and will be expedited accordingly unless the day specified
falls on a weekend, holiday, or if the Credit Union or
Federal Reserve Bank is closed for business in which case
the funds will be wired on the next Business Day. Recurring
transfers may be modified, changed or altered by contacting
the Credit Union. The modification will be effective once
it is updated on books and records of the Credit Union
and is incorporated in the funds transfer system. The
Credit Union requires thirty (30) days notice to discontinue
a recurring funds transfer that was previously authorized.
- Waiver, Severability and Captions:
The Credit Union may delay exercising its rights without
losing them. Any waiver or partial exercise of one right
is not a waiver of other rights and shall not be deemed
a continuing waiver. If any provision of this agreement
is held invalid or unenforceable to any extent, the remainder
of this agreement shall not be impaired or otherwise affected.
The captions herein are for convenience only and shall
have no effect upon construction or interpretation of
any provision hereof.
- Termination:
The Credit Union may terminate this agreement with or
without cause by giving thirty (30) days prior written
notice. Notwithstanding the foregoing, the Credit Union
may terminate this agreement immediately at any time upon
notification to the member, if (i) Credit Union has a
reasonable concern about a funds transfer or a possible
loss that might be suffered by the Credit Union, (ii)
member has breached or may breach this agreement, or (iii)
Credit Union becomes aware of information which may indicate
illegal or improper transactions.
- Security Precautions:
When a Payment Order is issued by a member, the Credit
Union's security procedure may involve use of identification
methods that may include photo identification requirements,
signature verification, data/password verification, use
of a personal identification number, and/or callback procedure
by the Credit Union. In certain situations, some or all
of the above may be required. The security procedures
established hereunder are commercially reasonable and
you agree to comply in all respects with such procedures.
Members may choose not to allow outgoing funds transfers
on their accounts by contacting the Credit Union. Members
who have chosen not to allow funds transfers on their
account can reinitiate the service by contacting the Credit
Union. (Requests not to allow funds transfers are not
accepted through Online Banking.)
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