There Is a Newer Version of the Pennsylvania Consolidated Statutes
2012 Pennsylvania Consolidated Statutes
Title 13 - COMMERCIAL CODE
Chapter 72 - Warehouse Receipts: Special Provisions
Section 7204 - Duty of care; contractual limitation of warehouse's liability
§ 7204. Duty of care; contractual limitation of warehouse's
liability.
(a) Duty of care.--A warehouse is liable for damages for
loss of or injury to the goods caused by its failure to exercise
care with regard to the goods that a reasonably careful person
would exercise under similar circumstances. Unless otherwise
agreed, the warehouse is not liable for damages that could not
have been avoided by the exercise of that care.
(b) Contractual limitation.--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 beyond which the
warehouse is not liable. Such a limitation is not effective with
respect to the warehouse's liability for conversion to its own
use. On request of the bailor in a record at the time of signing
the storage agreement or within a reasonable time after receipt
of the warehouse receipt, the warehouse's liability may be
increased on part or all of the goods covered by the storage
agreement or the warehouse receipt. In this event, increased
rates may be charged based on an increased valuation of the
goods.
(c) Claim presentation.--Reasonable provisions as to the
time and manner of presenting claims and commencing actions
based on the bailment may be included in the warehouse receipt
or storage agreement.
Cross References. Section 7204 is referred to in section
7202 of this title.
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