- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title
- Section 204. Duty of Care; Contractual Limitation of Warehouseman's Liability.
previous: Section 203
. Liability For Nonreceipt or Misdescription.
next: Section 205
. Title Under Warehouse Receipt Defeated in Certain Cases.
AS 45.07.204. Duty of Care; Contractual Limitation of Warehouseman's Liability.
- (a) A warehouseman is liable for damages for loss of or injury to the goods caused by the failure to exercise the care in
regard to them that a reasonably careful person would exercise under like circumstances, but, unless otherwise agreed,
the warehouseman is not liable for damages that could not have been avoided by the exercise of this care.
- (b) 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, and setting out a specific liability per article or item, or value per unit of weight, beyond
which the warehouseman shall not be liable; however, this liability may, on written request of the bailor at the time
of signing the storage agreement, or within a reasonable time after receipt of the warehouse receipt, be increased on
part or all of the goods under the receipt or agreement. In this event, increased rates may be charged based on the
increased valuation, but no increase may be permitted contrary to a lawful limitation of liability contained in the
warehouseman's tariff. No limitation is effective with respect to the warehouseman's liability for conversion to the
warehouseman's own use.
- (c) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the bailment may
be included in the warehouse receipt or tariff.
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