2006 New York Code - Special Provisions



 
  Section 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.

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