41-07-10. (7-204) Duty of care - Contractual limitation of warehouse's liability

41-07-10. (7-204) Duty of care - Contractual limitation of warehouse's liability

1. 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.

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 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.

3. 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.

4. This section does not modify or repeal chapter 4.1-58.