Common use of Mysterious Disappearance Clause in Contracts

Mysterious Disappearance. Warehouse shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes that such loss occurred because of Warehouse’s failure to exercise the care required under section 12. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Depositor of conversion must be established by affirmative evidence that Warehouse converted the Goods to Warehouse’s own use.

Appears in 2 contracts

Samples: Agreement Documents Packet, Agreement Documents Packet

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Mysterious Disappearance. The Warehouse shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes that such loss occurred because of The Warehouse’s failure to exercise the care required under section 12of The Warehouse. Any presumption of conversion imposed by law shall not apply to such loss and a claim by the Depositor of conversion must be established by affirmative evidence that The Warehouse converted the Goods to The Warehouse’s own use.

Appears in 1 contract

Samples: www.toobigformycar.com

Mysterious Disappearance. Warehouse Warehouseman shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor Client establishes that such loss occurred because of WarehouseWarehouseman’s failure to exercise the reasonable care required of Warehouseman under section 12this Section 13. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Depositor Client of conversion must be established by affirmative evidence that Warehouse Warehouseman converted the Goods to WarehouseWarehouseman’s own use.

Appears in 1 contract

Samples: Public Warehousing Agreement Terms And

Mysterious Disappearance. Sec. 15 Warehouse shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes that such loss occurred because of Warehouse’s failure to exercise the care required of Warehouse under section 12Section 11 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Depositor of conversion must be established by affirmative evidence that the Warehouse converted the Goods to the Warehouse’s own use.

Appears in 1 contract

Samples: Agreement

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Mysterious Disappearance. Sec. 15 Warehouse shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes that such loss occurred because of Warehouse’s failure to exercise the care required of Warehouse under section 12Section 11 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Depositor of conversion must be established by affirmative evidence that Warehouse converted the Goods to Warehouse’s own use.

Appears in 1 contract

Samples: Warehouse Storage Agreement

Mysterious Disappearance. Warehouse Warehouseman shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes that such loss occurred because of WarehouseWarehouseman’s failure to exercise the care required of Warehouseman under section 12Section 11 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by Depositor of conversion must be established by affirmative evidence that Warehouse the Warehouseman converted the Goods to Warehousethe Warehouseman’s own use.

Appears in 1 contract

Samples: Warehousing Agreement

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