Section 607. Required disclosures  


Latest version.
  • 1. No warehouseman shall accept household
      goods  for  storage from a consumer bailor unless prior to accepting the
      goods, the consumer bailor is furnished with a written storage agreement
      which shall  be  dated  and  signed  by  the  consumer  bailor  and  the
      warehouseman  or  his  duly authorized agent, be written or printed in a
      size equal to at least ten-point bold type and which shall set forth the
      following information:
        (a) Name and address of warehouseman and consumer bailor.
        (b) Street address of warehouse where goods will be stored.
        (c) The reasonably estimated monthly storage charge for the particular
      household goods to be stored expressed in dollars.  The  actual  monthly
      charge shall not exceed the given estimate by more than ten percent.
        (d) An itemization of other charges imposed or which may be imposed in
      connection  with the storage, a description of each such charge, whether
      the charge is mandatory or optional,  and  the  amount  of  each  charge
      expressed  in  dollars.    Where  such  charges can only be estimated, a
      reasonable estimate must be set forth and the actual charges  shall  not
      exceed such estimates by more than ten percent.
        (e)  An  inventory by item number of all goods accepted for storage or
      of the  packages  containing  them  together  with  a  notation  of  the
      condition  of  each  of  the goods accepted; a statement that the bailor
      should review the condition noted for each of the goods before they  are
      picked  up  for  storage  to  make sure that a proper description of the
      condition of each of the goods has been entered on the inventory; and  a
      statement  that  the  bailor before signing the storage agreement should
      note on it by item number any exception he may have as to the  condition
      descriptions.  The  notation  of  the  condition  of  the  goods  by the
      warehouseman or his agent shall be expressed in  readily  understandable
      terms.
        (f)  A  statement  of any limitation of damages limiting the amount of
      the warehouseman's liability in case of loss  or  damage  of  the  goods
      setting forth a specific liability per article or item of value per unit
      of  weight  beyond  which  the warehouseman will not be liable; provided
      that if damages are so limited, a statement shall be included that  such
      liability  may  on  the  written  request  of  the bailor at the time of
      signing such storage agreement or within a reasonable time thereafter be
      increased on part or all of the goods stored, in which  event  increased
      rates  may  be  charged  based  on  such  increased valuation. The rates
      charged  for  an  increased  valuation  shall  be  set   forth   and   a
      pre-addressed  request form to enable the bailor to request an increased
      valuation shall be provided.
        (g)  Any  other  material  terms  and  conditions   of   the   storage
      transaction.
        2.  Every  storage agreement as required by this section shall include
      the business address and telephone number to be  used  by  the  consumer
      bailor in making inquiries concerning the storage transaction.
        3.  Every  storage agreement as required by this section shall contain
      the following conspicuous notices:
        Notice: The monthly storage charge and other charges  stated  in  this
      agreement are either the actual or reasonably estimated charges you must
      pay. If the charges are estimated the final charges you will be required
      to pay may not exceed the estimate by more than ten percent.
        Notice:  Storage  charges  do  not include any charges for moving your
      goods from your home to the warehouse or  from  the  warehouse  to  your
      home.
        4.  When  a warehouseman accepts household goods for storage on behalf
      of a consumer bailor after a  warrant  of  eviction  has  been  executed
      pursuant  to  section  seven  hundred  forty-nine  of  the real property
    
      actions and proceedings law, the warehouseman shall  within  three  days
      after  receipt  of  the  goods mail a copy of a statement containing the
      disclosures required by subdivisions one, two and three of this  section
      to the consumer bailor by registered or certified mail at his last known
      residence.