Sec. 7.203. 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:
(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
(2) the party or purchaser otherwise has notice of the nonreceipt or misdescription.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 1, eff. September 1, 2005.
Structure Texas Statutes
Title 1 - Uniform Commercial Code
Chapter 7 - Documents of Title
Subchapter B. Warehouse Receipts: Special Provisions
Section 7.201. Person That May Issue a Warehouse Receipt; Storage Under Bond
Section 7.202. Form of Warehouse Receipt
Section 7.203. Liability for Nonreceipt or Misdescription
Section 7.204. Duty of Care; Contractual Limitation of Warehouse's Liability
Section 7.205. Title Under Warehouse Receipt Defeated in Certain Cases
Section 7.206. Termination of Storage at Warehouse's Option
Section 7.207. Goods Must Be Kept Separate; Fungible Goods
Section 7.208. Altered Warehouse Receipts