§7-1203. Liability for nonreceipt or misdescription
A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that: [PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
(1). The document conspicuously indicates that the issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity or condition, or the receipt or description is qualified by "contents, condition and quality unknown," "said to contain" or words of similar import, if the indication is true; or
[PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
(2). The party or purchaser otherwise has notice of the nonreceipt or misdescription.
[PL 2009, c. 324, Pt. A, §2 (NEW); PL 2009, c. 324, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 2009, c. 324, Pt. A, §2 (NEW). PL 2009, c. 324, Pt. A, §4 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Article 7-A: DOCUMENTS OF TITLE
Part 2: WAREHOUSE RECEIPTS: SPECIAL PROVISIONS
11 §7-1201. Person that may issue a warehouse receipt; storage under bond
11 §7-1202. Form of warehouse receipt; effect of omission
11 §7-1203. Liability for nonreceipt or misdescription
11 §7-1204. Duty of care; contractual limitation of warehouse's liability
11 §7-1205. Title under warehouse receipt defeated in certain cases
11 §7-1206. Termination of storage at warehouse's option
11 §7-1207. Goods must be kept separate; fungible goods