There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
Article 7 Warehouse Receipts, Bills of Lading,
355.7.204 Duty of care -- Contractual limitation of warehouseman's liability.
Download pdfexercise 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. Effective: July 1, 1960.
History: Amended 1960 Ky. Acts ch. 250, sec. 4, effective July 1, 1960. -- Created 1958 Ky. Acts ch. 77, sec. 7-204, effective July 1, 1960.
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