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.

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.

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.