70A-7a-204 - Duty of care -- Contractual limitation of warehouse's liability. - Utah Statutes

70A-7a-204. Duty of care -- Contractual limitation of warehouse's liability.
(1) A warehouse is liable for damages for loss of or injury to the goods caused by itsfailure to exercise care with regard to the goods that a reasonably careful person would exerciseunder similar circumstances. Unless otherwise agreed, the warehouse is not liable for damagesthat 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 agreementlimiting the amount of liability in case of loss or damage beyond which the warehouse is notliable. Such a limitation is not effective with respect to the warehouse's liability for conversionto its own use. On request of the bailor in a record at the time of signing the storage agreementor within a reasonable time after receipt of the warehouse receipt, the warehouse's liability maybe increased on part or all of the goods covered by the storage agreement or the warehousereceipt. In this event, increased rates may be charged based on an increased valuation of thegoods.
(3) Reasonable provisions as to the time and manner of presenting claims andcommencing actions based on the bailment may be included in the warehouse receipt or storageagreement.

Enacted by Chapter 42, 2006 General Session