Section 400.7-204

Title XXVI TRADE AND COMMERCE

Chapter 400

Effective - 28 Aug 1963, 2 histories, see footnote   (history) 

  400.7-204.  Duty of care — contractual limitation of warehouseman's liability. — (1)  A warehouseman is liable for damages for loss of or injury to the goods caused by his failure to exercise such care in regard to them as a reasonably careful man would exercise under like circumstances but unless otherwise agreed he is not liable for damages which could not have been avoided by the exercise of such care.

  (2)  Damages may be limited by a term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, and setting forth a specific liability per article or item, or value per unit of weight, beyond which the warehouseman shall not be liable; provided, however, that such liability may on written request of the bailor at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt be increased on part or all of the goods thereunder, in which event increased rates may be charged based on such increased valuation but that no such increase shall be permitted contrary to a lawful limitation of liability contained in the warehouseman's tariff, if any.  No such limitation is effective with respect to the warehouseman's liability for conversion to his own use.

  (3)  Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the bailment may be included in the warehouse receipt or tariff.

  (4)  This section does not impair or repeal any existing statute of this state which imposes a higher responsibility upon the warehouseman or invalidates contractual limitations which would be permissible under this article.

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(L. 1963 p. 503 § 7-204)