Indiana Code
Chapter 7. Documents of Title
26-1-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability

Sec. 204. (a) 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) 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) 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.
Formerly: Acts 1963, c.317, s.7-204. As amended by P.L.143-2007, SEC.33.

Structure Indiana Code

Indiana Code

Title 26. Commercial Law

Article 1. Uniform Commercial Code

Chapter 7. Documents of Title

26-1-7-101. Short Title

26-1-7-102. Definitions and Index of Definitions

26-1-7-103. Relation of Chapter to Other Laws

26-1-7-104. Negotiable and Nonnegotiable Warehouse Receipt, Bill of Lading, and Other Document of Title

26-1-7-105. Tangible Substitute for Electronic Document of Title

26-1-7-106. Control of Electronic Document of Title

26-1-7-201. Who May Issue a Warehouse Receipt; Storage Under Government Bond

26-1-7-202. Form of Warehouse Receipt; Essential Terms; Optional Terms

26-1-7-203. Liability for Nonreceipt or Misdescription

26-1-7-204. Duty of Care; Contractual Limitation of Warehouse's Liability

26-1-7-205. Title Under Warehouse Receipt Defeated in Certain Cases

26-1-7-206. Termination of Storage at Warehouse's Option

26-1-7-207. Goods Must Be Kept Separate; Fungible Goods

26-1-7-208. Altered Warehouse Receipts

26-1-7-209. Warehouse Lien

26-1-7-210. Enforcement of Warehouse's Lien

26-1-7-301. Liability for Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Load and Count"; Improper Handling

26-1-7-302. Through Bills of Lading and Similar Documents

26-1-7-303. Diversion; Reconsignment; Change of Instructions

26-1-7-304. Bills of Lading in a Set

26-1-7-305. Destination Bills

26-1-7-306. Altered Bills of Lading

26-1-7-307. Lien of Carrier

26-1-7-308. Enforcement of Carrier's Lien

26-1-7-309. Duty of Care; Contractual Limitation of Carrier's Liability

26-1-7-401. Irregularities in Issue of Receipt or Bill or Conduct of Issuer

26-1-7-402. Duplicate Receipt or Bill; Overissue

26-1-7-403. Obligation of Warehouse or Carrier to Deliver; Excuse

26-1-7-404. No Liability for Good Faith Delivery Upon Receipt or Bill

26-1-7-501. Form of Negotiation and Requirements of "Due Negotiation"

26-1-7-502. Rights Acquired by Due Negotiation

26-1-7-503. Form of Negotiation and Requirements of "Due Negotiation"

26-1-7-504. Rights Acquired in the Absence of Due Negotiation; Effect of Diversion; Seller's Stoppage of Delivery

26-1-7-505. Endorser Not a Guarantor for Other Parties

26-1-7-506. Delivery Without Endorsement; Right to Compel Endorsement

26-1-7-507. Warranties on Negotiation or Transfer of Receipt or Bill

26-1-7-508. Warranties of Collecting Bank as to Documents

26-1-7-509. Receipt or Bill; When Adequate to Comply With Commercial Contract

26-1-7-601. Lost and Missing Documents

26-1-7-602. Attachment of Goods Covered by a Negotiable Document

26-1-7-603. Conflicting Claims; Interpleader