Common use of Mysterious Disappearance Clause in Contracts

Mysterious Disappearance. Warehouseman shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes such loss occurred because of Warehouseman’s failure to exercise the care required of Warehouseman under Section 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 Warehouseman converted the Goods to Warehouseman’s own use.

Appears in 2 contracts

Samples: trucking2000.com, www.heptarun.com

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Mysterious Disappearance. Warehouseman 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 WarehousemanWarehouse’s failure to exercise the care required of Warehouseman under Section 11 abovesection 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 Warehouseman Warehouse converted the Goods to WarehousemanWarehouse’s own use.

Appears in 2 contracts

Samples: Agreement Documents Packet, Agreement Documents Packet

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

Appears in 1 contract

Samples: Master Service Agreement

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

Appears in 1 contract

Samples: www.promptus.us

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Mysterious Disappearance. Warehouseman shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor Client establishes such loss occurred because of Warehouseman’s failure to exercise the reasonable care required of Warehouseman under this Section 11 above13. 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 Warehouseman converted the Goods to Warehouseman’s own use.

Appears in 1 contract

Samples: Public Warehousing Agreement Terms And

Mysterious Disappearance. Warehouseman shall be liable for loss of Goods due to inventory shortage or unexplained or mysterious disappearance of Goods only if Depositor establishes such loss occurred because of Warehouseman’s failure to exercise the care required of Warehouseman under Section 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 Warehouseman converted the Goods to the Warehouseman’s own use.

Appears in 1 contract

Samples: Warehousing Agreement

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