There Is a Newer Version of the Pennsylvania Consolidated Statutes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 7209 - Lien of warehouse
§ 7209. Lien of warehouse.
(a) Existence.--
(1) A warehouse has a lien against the bailor on the
goods covered by a warehouse receipt or storage agreement or
on the proceeds thereof in its possession for charges for
storage or transportation, including demurrage and terminal
charges, insurance, labor or other charges, present or
future, in relation to the goods, and for expenses necessary
for preservation of the goods or reasonably incurred in their
sale pursuant to law.
(2) The warehouse also has a lien against the goods
covered by the warehouse receipt or storage agreement or on
the proceeds thereof in its possession for those charges and
expenses, whether or not the other goods have been delivered
by the warehouse if:
(i) the person on whose account the goods are held
is liable for similar charges or expenses in relation to
other goods whenever deposited; and
(ii) it is stated in the warehouse receipt or
storage agreement that a lien is claimed for charges and
expenses in relation to other goods.
(3) However, as against a person to which a negotiable
warehouse receipt is duly negotiated, a warehouse's lien is
limited to charges in an amount or at a rate specified in the
warehouse receipt or, if no charges are so specified, to a
reasonable charge for storage of the specific goods covered
by the receipt subsequent to the date of the receipt.
(b) Security interest.--A warehouse may also reserve a
security interest against the bailor for the maximum amount
specified on the receipt for charges other than those specified
in subsection (a), such as for money advanced and interest. A
security interest is governed by Division 9 (relating to secured
transactions).
(c) Effectiveness against entrustors.--
(1) Except as set forth in paragraph (2), a warehouse's
lien for charges and expenses under subsection (a) or a
security interest under subsection (b) is also effective
against any person that so entrusted the bailor with
possession of the goods that a pledge of them by the bailor
to a good-faith purchaser for value would have been valid.
(2) The lien or security interest is not effective
against a person that before issuance of a document of title
had a legal interest or a perfected security interest in the
goods and that did not:
(i) deliver or entrust the goods or any document
covering the goods to the bailor or the bailor's nominee
with:
(A) actual or apparent authority to ship, store
or sell;
(B) power to obtain delivery under section 7403
(relating to obligation of bailee to deliver;
excuse); or
(C) power of disposition under section 2403
(relating to power to transfer; good faith purchase
of goods; "entrusting"), 2A304(a)(2) (relating to
subsequent lease of goods by lessor), 2A305(a)(2)
(relating to sale or sublease of goods by lessee),
9320 (relating to buyer of goods) or 9321(c)
(relating to licensee of general intangible and
lessee of goods in ordinary course of business) or
other statute or rule of law; or
(ii) acquiesce in the procurement by the bailor or
its nominee of any document.
(d) Effectiveness in general.--A warehouse's lien on
household goods for charges and expenses in relation to the
goods under subsection (a) is also effective against all persons
if the depositor was the legal possessor of the goods at the
time of deposit. As used in this subsection, the term "household
goods" means furniture, furnishings or personal effects used by
the depositor in a dwelling.
(e) Losing lien.--A warehouse loses its lien on any goods
that it voluntarily delivers or unjustifiably refuses to
deliver.
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