Sec. 7204.
(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 a 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.
History: 1962, Act 174, Eff. Jan. 1, 1964 ;-- Am. 2012, Act 87, Eff. July 1, 2013
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 7 - Warehouse Receipts, Bills of Lading and Other Documents of Title (440.7101...440.7702)
174-1962-7-2 - Part 2 Warehouse Receipts: Special Provisions (440.7201...440.7210)
Section 440.7201 - Warehouse Receipt; Issuance; Storage Under Government Bond.
Section 440.7202 - Terms of Receipt; Form; Contrary Provisions.
Section 440.7203 - Liability for Nonreceipt or Misdescription.
Section 440.7205 - Fungible Goods; Buyer's Title.
Section 440.7207 - Separation of Goods; Commingling of Fungible Goods; Overissued Receipts.
Section 440.7208 - Alteration of Warehouse Receipts.
Section 440.7209 - Warehouse's Lien; Security Interest; "Household Goods" Defined; Loss of Lien.
Section 440.7210 - Warehouse's Lien; Enforcement Procedure; Liability for Noncompliance.