New York § 607 - 607Required disclosures

§ 607. 607Required disclosures

§ 607. Required disclosures. 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.