400.7-204. Duty of care--contractual limitation of warehouseman's liability. - Missouri Statutes

Duty of care--contractual limitation of warehouseman's liability.

400.7-204. (1) A warehouseman is liable for damages forloss of or injury to the goods caused by his failure to exercisesuch care in regard to them as a reasonably careful man wouldexercise under like circumstances but unless otherwise agreed heis not liable for damages which could not have been avoided bythe exercise of such care.

(2) Damages may be limited by a term in the warehousereceipt or storage agreement limiting the amount of liability incase of loss or damage, and setting forth a specific liabilityper article or item, or value per unit of weight, beyond whichthe warehouseman shall not be liable; provided, however, thatsuch liability may on written request of the bailor at the timeof signing such storage agreement or within a reasonable timeafter receipt of the warehouse receipt be increased on part orall of the goods thereunder, in which event increased rates maybe charged based on such increased valuation but that no suchincrease shall be permitted contrary to a lawful limitation ofliability contained in the warehouseman's tariff, if any. Nosuch limitation is effective with respect to the warehouseman'sliability for conversion to his own use.

(3) Reasonable provisions as to the time and manner ofpresenting claims and instituting actions based on the bailmentmay be included in the warehouse receipt or tariff.

(4) This section does not impair or repeal any existingstatute of this state which imposes a higher responsibility uponthe warehouseman or invalidates contractual limitations whichwould be permissible under this article.

(L. 1963 p. 503 § 7-204)