Tex. Bus. & Com. Code Section 7.204
Duty of Care; Contractual Limitation of Warehouse’s Liability

(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. However, 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. The warehouse’s liability, on request of the bailor in a record at the time of signing such storage agreement or within a reasonable time after receipt of the warehouse receipt, 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.
Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.
Amended by:
Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 1, eff. September 1, 2005.

Source: Section 7.204 — Duty of Care; Contractual Limitation of Warehouse's Liability, https://statutes.­capitol.­texas.­gov/Docs/BC/htm/BC.­7.­htm#7.­204 (accessed Apr. 29, 2024).

7.101
Short Title 7.102
Definitions and Index of Definitions 7.103
Relation of Article to Treaty or Statute 7.104
Negotiable and Nonnegotiable Document of Title 7.105
Reissuance in Alternative Medium 7.106
Control of Electronic Document of Title 7.201
Person that May Issue a Warehouse Receipt 7.202
Form of Warehouse Receipt 7.203
Liability for Nonreceipt or Misdescription 7.204
Duty of Care 7.205
Title Under Warehouse Receipt Defeated in Certain Cases 7.206
Termination of Storage at Warehouse’s Option 7.207
Goods Must Be Kept Separate 7.208
Altered Warehouse Receipts 7.209
Lien of Warehouse 7.210
Enforcement of Warehouse’s Lien 7.302
Through Bills of Lading and Similar Documents of Title 7.303
Diversion 7.304
Tangible Bills of Lading in Set 7.305
Destination Bills 7.306
Altered Bills of Lading 7.307
Lien of Carrier 7.308
Enforcement of Carrier’s Lien 7.309
Duty of Care 7.401
Irregularities in Issue of Receipt or Bill or Conduct of Issuer 7.402
Duplicate Document of Title 7.403
Obligation of Warehouse or Carrier to Deliver 7.404
No Liability for Good Faith Delivery Pursuant to Document of Title 7.501
Form of Negotiation and Requirements of Due Negotiation 7.502
Rights Acquired by Due Negotiation 7.503
Document of Title to Goods Defeated in Certain Cases 7.504
Rights Acquired in Absence of Due Negotiation 7.505
Indorser Not Guarantor for Other Parties 7.506
Delivery Without Indorsement 7.507
Warranties on Negotiation or Delivery of Document of Title 7.508
Warranties of Collecting Bank as to Documents of Title 7.509
Adequate Compliance with Commercial Contract 7.601
Lost, Stolen, or Destroyed Documents of Title 7.602
Attachment of Goods Covered by Negotiable Document of Title 7.603
Conflicting Claims
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Accessed:
Apr. 29, 2024

§ 7.204’s source at texas​.gov