§490:7-204  Duty of care; contractual
limitation of warehouse's liability.  (a)  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)  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)  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. [L 2004, c 163, pt of
§1]