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§ 7204. Duty of care; contractual limitation of warehouse's liability

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 13 Pa.C.S.A. Commercial CodeEffective: June 16, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 13 Pa.C.S.A. Commercial Code (Refs & Annos)
Division 7. Warehouse Receipts, Bills of Lading and Other Documents of Title (Refs & Annos)
Chapter 72. Warehouse Receipts: Special Provisions (Refs & Annos)
Effective: June 16, 2008
13 Pa.C.S.A. § 7204
§ 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.

Credits

2008, April 16, P.L. 57, No. 13, § 13, effective in 60 days [June 16, 2008].
13 Pa.C.S.A. § 7204, PA ST 13 Pa.C.S.A. § 7204
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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