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.

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.