§490:7-206 - Termination of storage at warehouse's option.
§490:7-206 Termination of storage at
warehouse's option. (a) A warehouse, by giving notice to the person on
whose account the goods are held and any other person known to claim an
interest in the goods, may require payment of any charges and removal of the
goods from the warehouse at the termination of the period of storage fixed by
the document of title or, if a period is not fixed, within a stated period not
less than thirty days after the warehouse gives notice. If the goods are not
removed before the date specified in the notice, the warehouse may sell them
pursuant to section 490:7-210.
(b) If a warehouse in good faith believes that
goods are about to deteriorate or decline in value to less than the amount of
its lien within the time provided in subsection (a) and section 490:7-210, the
warehouse may specify in the notice given under subsection (a) any reasonable
shorter time for removal of the goods and, if the goods are not removed, may
sell them at public sale held not less than one week after a single
advertisement or posting.
(c) If, as a result of a quality or condition
of the goods of which the warehouse did not have notice at the time of deposit,
the goods are a hazard to other property, the warehouse facilities, or other
persons, the warehouse may sell the goods at public or private sale without
advertisement or posting on reasonable notification to all persons known to
claim an interest in the goods. If the warehouse, after a reasonable effort,
is unable to sell the goods, it may dispose of them in any lawful manner and
does not incur liability by reason of that disposition.
(d) A warehouse shall deliver the goods to any
person entitled to them under this article upon due demand made at any time
before sale or other disposition under this section.
(e) A warehouse may satisfy its lien from the
proceeds of any sale or disposition under this section but shall hold the
balance for delivery on the demand of any person to which the warehouse would
have been bound to deliver the goods. [L 2004, c 163, pt of §1]