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<br />• if circumstances beyond our control (such as fire or flood) prevent the Transfer. despite reasonable precautions that we have taken;
<br />• if the failure to complete a transaction on time or in the correct amount was caused by a third party;
<br />• if the failure to complete a transaction on time or in the correct amount was caused by actions we have taken to address the security of our systems or our customer's information;
<br />• if the transaction or related funds are subject to legal or regulatory encumbrance or other process preventing or restricting the Transfer;
<br />• if we revoked or suspended your Morgan Stanley Account for inactivity or other reason in our discretion
<br />• if you provided inaccurate or incomplete information regarding the Transfer; or
<br />• if the Transfer appears suspicious. f and ulent or unauthorized, and we cannot confirm that it is a legitimate Transfer, or if the Transfer is (or appears to be) prohibited by law. the NACHA rules
<br />or any payment system rules;
<br />• In the event of any other exceptions stated herein, or permitted by applicable law.
<br />In Case of Errors or Questions
<br />In case of errors or questions about your Transfers, or if you believe that there has been unauthorized activity on your Morgan Stanley Account, call us as soon as you can using the Contact
<br />Information above. If you think your statement is wrong or if you need more information about a Transfer listed on the statement, we must hear from you no later than 60 calendar days after we
<br />sent the FIRST statement on which the problem ar error appeared.
<br />1. Tell us your name and Morgan Stan ey Account number.
<br />2. Describe the error orthe Transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
<br />3. Tell us the dollar amount of the suspected error.
<br />If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) Business Days.
<br />We will determine whether an error occurred within ten (10) Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-
<br />five (45) calendar days to investigate your complaint or question. If we decide to do this, we will credit your Morgan Stanley Account within ten (10) Business Days for the amount you think is in
<br />error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within
<br />ten (10) Business Days, we may not credit your Morgan Stanley Account.
<br />For errors involving new Morgan Stanley Accounts or foreign -initiated transactions, we maytake up to ninety (90) calendar days to investigate your complaint or question. For new
<br />Morgan Stanley Accounts, we may take up to twenty (20) Business Days to credit your Morgan Stanley Account for the amount you think is in error.
<br />We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask us for
<br />copies of the documents that we used in our investigation.
<br />Section 13—WIRE TRANSFER TERMS and CONDITIONS
<br />By placing an outgoing wire transfer request, or request to disburse/transfer funds or securities with Morgan Stanley ("we" or "us"), you agree to the following terms and conditions.
<br />Reliance by Morgan Stanley. You agree that Morgan Stanley may rely upon the information you have provided in Section 6 of this form in making your outgoing wire transfer or
<br />disbursement/transfer of funds or securities and agree that any errors in that information, including misidentification of beneficiaries, incorrect or inconsistent account names and
<br />numbers, and misspellings, are your responsibility. Morgan Stanley is authorized to charge your account for any outgoing wire transfer made by Morgan Stanley utilizing instructions
<br />indicated in Section 5 of this form even when use of these instructions may result in a person other than the final beneficiary being paid or the transfer of funds to a bank other than the
<br />final beneficiary's bank or the intermediary bank designated by you.
<br />Transfer to Final Destination Bank. When you place an outgoing wire transfer request with Morgan Stanley, you must select a financial institution as the final destination bank for
<br />the transfer. For transfers within the U.S., The final destination bank must be a member of the Federal Reserve System or a correspondent hank of such a member, or a CHIPS (Clearing
<br />House Interbank Payment System) member.
<br />By signing this form, you authorize Morgan Stanley to deduct all fees and charges in executing this outgoing wire transfer request and other charges related there o.
<br />Once the outgoing wire transfer is completed, the funds will be deposited to a particular account at the final destination bank. The final destination bank will be res onsible for
<br />following your instructions and for notifying the final beneficiary that the funds are available. If you identity a final beneficiary by name and account number, the final destination bank
<br />may pay the funds to the person identified by the account number, and your payment will be final even if the account number provided does not correspond to your final beneficiary.
<br />Once the funds are transferred to the final destination hank, the funds become the property of the final destination bank, and the final destination bank is responsible to locate,
<br />identify and make payment to your final beneficiary as per your instructions.
<br />Please note that in the event you provide Morgan Stanley with an inaccurate recipient account number and/or institution identifier, we will use reasonable efforts to recall the funds
<br />but there maybe a significant delay in re-depos ting them to your account and, in same cases, loss of the transfer amount.
<br />Currency of Transfer. Transfer may be made in a number of currencies. For such funds transfers, we will convert your U.S. dollar payment to the local currency at Morgan Stanley's
<br />exchange rate in effect at that time. The exchange rate includes a commission to Morgan Stanley for exchanging the currency. In the event we cannot make a transfer in the desired currency,
<br />we would need to make the transfer in U.S.dollars. For international outgoing wire transfer requests, because o the laws of the country in which the final destination bank is located, some
<br />transfers may be required to be converted to the local currency before deposit into the receiving account. Morgan Stanley cannot guarantee that your final beneficiary will be able to receive
<br />U.S.dollars. If your outgoing wire transfer must be converted to the local currency, the final destination bank m y charge a fee for this exchange. Regardless of the currency transferred or
<br />whether the transfer is domestic or international, the actual amount that your final beneficiary receives may be educed by charges imposed by the final destination bank, including those for
<br />exchanging currency.
<br />Means of Transfer. To complete outgoing wire transfers, Morgan Stanley uses a variety of banking channels and facilities, but will ordinarily use electronic means. You agree that we
<br />may choose any means that we deem suitable to transfer your funds to your final beneficiary. Because we do not maintain banking relations with every bank, it may be necessary for us
<br />to use one or more intermediary banks before your funds are transferred to the final destination bank.
<br />While Morgan Stanley will make every reasonable effort to ensure that your request is properly processed, we do not guarantee that the transfer of funds will reach the final
<br />beneficiary since processing by intermediary banks may be necessary to complete the transfer.
<br />Once we transmit your request to an intermediary bank, it will be that bank's responsibility to ensure that your request is completed.
<br />Recalls/Amendment. You may recall or amend your outgoing wire transfer request only if we receive such request at a time that provides us a reasonable opportunity to act upon
<br />your request and if the f unds have not already been made available to your final beneficiary or the final destination bank otherwise agrees to recall or amend your outgoing wire transfer
<br />request. If you decide that you do not want the funds transferred, Morgan Stanley will first have to check with the final destination bank to determine whether the final destination bank
<br />can return your funds. If the final destination bank confirms that the unds are returnable and the funds are returned to Morgan Stanley by the final destination bank. Morgan Stanley
<br />will re -credit your Morgan Stanley account. If your wire transfer is to a foreign country, at a minimum you may cancel for a full refund within 30 minutes of ordering the transfer, unless
<br />the funds have been picked up or deposited.
<br />We need not, however, make any refund unless and until we are in receipt of proof satisfactory to us that payment of this request has not been completed, that this request is no
<br />longer operative, that no charge by virtue of this request exists or will be made against the account upon which this request was drawn, and that any portion of that account which
<br />was charged or earmarked for payment is at our free disposal. The amount that is returned to you may be less than you originally transferred because of service charges of the final
<br />destination bank or Morgan Stanley. Your refund will be in U.S. dollars.
<br />Rejection of a Request. We reserve the right to reject your outgo ng wire transfer request. We may reject your request if you have insufficient available funds in your account, if your
<br />request is incomplete or unclear or if we are unable to fulfill your request for any other reason.
<br />Delays, Non -Execution of Outgoing Wire Transfer Request. Wh e we will handle your outgoing wire transfer request as expeditiously as possible, you agree that, except as otherwise
<br />required by applicable law, Morgan Stanley will not be responsible for any delay, failure to execute or misexecution of your request due to circumstances beyond Morgan Stanley's
<br />reasonable control, including without limitation any inaccuracy, interruption, delay in transmission, or failure in the means of transmission, whether caused by strikes, power failures,
<br />equipment malfunctions, or acts or omissions of any intermediary bank or final destination bank.
<br />MORGAN STANLEY MAKES ND GUARANTEES, EXPRESS OR IMPLIED, ABOUT THE TIMELINESS OF ANY WIRE TRANSFER REQUESTED PURSUANT TO THE INSTRUCTIONS ESTABLISHED BY
<br />THIS FORM.
<br />Claims. For wires to a U.S. destination, you agree that within thirty days after you receive notification that your outgoing wire transfer request ar request to disburse/transfer funds
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