41-07-10. (7-204) Duty of care - Contractual limitation of warehouse's liability.
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/nd/title-41/chapter-41-07-documents-of-title/41-07-10·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.