                                 CODE OF VIRGINIA

DUTY OF CARE; CONTRACTUAL LIMITATION OF WAREHOUSEMAN&#8217;S LIABILITY (§
8.7-204)

1. A warehouseman is liable for damages for loss of or injury to the goods
caused by his failure to exercise such care in regard to them as a reasonably
careful man would exercise under like circumstances but unless otherwise agreed
he is not liable for damages that could not have been avoided by the exercise of
such care.

2. 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 warehouseman shall not be liable. 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, the warehouseman&#8217;s liability may be
increased on part or all of the goods thereunder. In this event, increased rates
may be charged based on such increased valuation. No such limitation is
effective with respect to the warehouseman&#8217;s liability for conversion to
his own use.

3. 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 storage agreement.

HISTORY: Code 1950, §§ 61-6, 61-24; 1964, c. 219; 2004, c. 200.