Ill. Admin. Code tit. 92 § 1458.200

Current through Register Vol. 48, No. 44, November 1, 2024

Section 1458.200 - Warehouse Facilities and Operation

a) Each personal property warehouse shall be suitable for the type of storage operations conducted at that warehouse. Warehouses shall be maintained and operated in a manner that will reasonably protect the stored property against loss or damage.

b) Except as otherwise provided in subsection (c) of this Section, a personal property warehouse is liable for damages for loss of or injury to the goods caused by failure to exercise care in regard to the goods as a reasonably careful person would exercise under like circumstances.

c) Damages may be limited by a conspicuous term in the warehouse receipt or storage agreement limiting the amount of liability in case of loss or damage, and setting forth a specific liability per article or item, or value per unit of weight, beyond which the warehouse shall not be liable; however, such liability may, on written request of the owner of the goods 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. In this event, increased rates may be charged based on the increased valuation. No such limitation is effective with respect to the warehouse's liability for conversion to the warehouse's own use.

d) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the storage of the goods shall be included in the warehouse receipt.

Ill. Admin. Code tit. 92, § 1458.200