(810 ILCS 5/7‑202)
(from Ch. 26, par. 7‑202)
Sec. 7‑202.
Form of warehouse receipt; effect of omission.
(a) A warehouse receipt need not be in any particular form.
(b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission:
(1) a statement of the location of the warehouse
| facility where the goods are stored; | |
(2) the date of issue of the receipt;
(3) the unique identification code of the receipt;
(4) a statement whether the goods received will be |
| delivered to the bearer, to a named person, or to a named person or its order; | |
(5) the rate of storage and handling charges, unless |
| goods are stored under a field warehousing arrangement, in which case a statement of that fact is sufficient on a nonnegotiable receipt; | |
(6) a description of the goods or the packages |
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(7) the signature of the warehouse or its agent;
(8) if the receipt is issued for goods that the |
| warehouse owns, either solely, jointly, or in common with others, a statement of the fact of that ownership; and | |
(9) a statement of the amount of advances made and of |
| liabilities incurred for which the warehouse claims a lien or security interest, unless the precise amount of advances made or liabilities incurred, at the time of the issue of the receipt, is unknown to the warehouse or to its agent that issued the receipt, in which case a statement of the fact that advances have been made or liabilities incurred and the purpose of the advances or liabilities is sufficient. | |
(c) A warehouse may insert in its receipt any terms that |
| are not contrary to the Uniform Commercial Code and do not impair its obligation of delivery under Section 7‑403 or its duty of care under Section 7‑204. Any contrary provision is ineffective. | |
(Source: P.A. 95‑895, eff. 1‑1‑09.) |
(810 ILCS 5/7‑203)
(from Ch. 26, par. 7‑203)
Sec. 7‑203.
Liability for non‑receipt or misdescription.
A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to the extent that:
(1) the document conspicuously indicates that the
| issuer does not know whether all or part of the goods in fact were received or conform to the description, such as a case in which the description is in terms of marks or labels or kind, quantity, or condition, or the receipt or description is qualified by "contents, condition, and quality unknown", "said to contain", or words of similar import, if the indication is true; or | |
(2) the party or purchaser otherwise has notice of |
| the nonreceipt or misdescription. | |
(Source: P.A. 95‑895, eff. 1‑1‑09.) |
(810 ILCS 5/7‑209)
(from Ch. 26, par. 7‑209)
Sec. 7‑209.
Lien of warehouse.
(a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the goods, and for expenses necessary for preservation of the goods or reasonably incurred in their sale pursuant to law. If the person on whose account the goods are held is liable for similar charges or expenses in relation to other goods whenever deposited and it is stated in the warehouse receipt or storage agreement that a lien is claimed for charges and expenses in relation to other goods, the warehouse also has a lien against the goods covered by the warehouse receipt or storage agreement or on the proceeds thereof in its possession for those charges and expenses, whether or not the other goods have been delivered by the warehouse. However, as against a person to which a negotiable warehouse receipt is duly negotiated, a warehouse's lien is limited to charges in an amount or at a rate specified in the warehouse receipt or, if no charges are so specified, to a reasonable charge for storage of the specific goods covered by the receipt subsequent to the date of the receipt.
(b) A warehouse may also reserve a security interest against the bailor for the maximum amount specified on the receipt for charges other than those specified in subsection (a), such as for money advanced and interest. The security interest is governed by Article 9.
(c) A warehouse's lien for charges and expenses under subsection (a) or a security interest under subsection (b) is also effective against any person that so entrusted the bailor with possession of the goods that a pledge of them by the bailor to a good‑faith purchaser for value would have been valid. However, the lien or security interest is not effective against a person that before issuance of a document of title had a legal interest or a perfected security interest in the goods and that did not:
(1) deliver or entrust the goods or any document of
| title covering the goods to the bailor or the bailor's nominee with: | |
(A) actual or apparent authority to ship, store, |
|
(B) power to obtain delivery under Section |
|
(C) power of disposition under Sections 2‑403, |
| 2A‑304(2), 2A‑305(2), 9‑320, or 9‑321(c) or other statute or rule of law; or | |
(2) acquiesce in the procurement by the bailor or its |
|
(d) A warehouse's lien on household goods for charges and |
| expenses in relation to the goods under subsection (a) is also effective against all persons if the depositor was the legal possessor of the goods at the time of deposit. In this subsection, "household goods" means furniture, furnishings, or personal effects used by the depositor in a dwelling. | |
(e) A warehouse loses its lien on any goods that it |
| voluntarily delivers or unjustifiably refuses to deliver. | |
(Source: P.A. 95‑895, eff. 1‑1‑09.) |
(810 ILCS 5/7‑210)
(from Ch. 26, par. 7‑210)
Sec. 7‑210.
Enforcement of warehouse's lien.
(a) Except as otherwise provided in subsection (b), a warehouse's lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in the goods. The notification must include a statement of the amount due, the nature of the proposed sale, and the time and place of any public sale. The fact that a better price could have been obtained by a sale at a different time or in a method different from that selected by the warehouse is not of itself sufficient to establish that the sale was not made in a commercially reasonable manner. The warehouse sells in a commercially reasonable manner if the warehouse sells the goods in the usual manner in any recognized market therefore, sells at the price current in that market at the time of the sale, or otherwise sells in conformity with commercially reasonable practices among dealers in the type of goods sold. A sale of more goods than apparently necessary to be offered to ensure satisfaction of the obligation is not commercially reasonable, except in cases covered by the preceding sentence.
(b) A warehouse may enforce its lien on goods, other than goods stored by a merchant in the course of its business, only if the following requirements are satisfied:
(1) All persons known to claim an interest in the
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(2) The notification must include an itemized |
| statement of the claim, a description of the goods subject to the lien, a demand for payment within a specified time not less than 10 days after receipt of the notification, and a conspicuous statement that unless the claim is paid within that time the goods will be advertised for sale and sold by auction at a specified time and place. | |
(3) The sale must conform to the terms of the |
|
(4) The sale must be held at the nearest suitable |
| place to where the goods are held or stored. | |
(5) After the expiration of the time given in the |
| notification, an advertisement of the sale must be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held. The advertisement must include a description of the goods, the name of the person on whose account the goods are being held, and the time and place of the sale. The sale must take place at least 15 days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least 10 days before the sale in not fewer than six conspicuous places in the neighborhood of the proposed sale. | |
(c) Before any sale pursuant to this Section, any person |
| claiming a right in the goods may pay the amount necessary to satisfy the lien and the reasonable expenses incurred in complying with this Section. In that event, the goods may not be sold but must be retained by the warehouse subject to the terms of the receipt and this Article. | |
(d) A warehouse may buy at any public sale held pursuant |
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(e) A purchaser in good faith of goods sold to enforce a |
| warehouse's lien takes the goods free of any rights of persons against which the lien was valid, despite the warehouse's noncompliance with this Section. | |
(f) A warehouse may satisfy its lien from the proceeds of |
| any sale pursuant to this Section but shall hold the balance, if any, for delivery on demand to any person to which the warehouse would have been bound to deliver the goods. | |
(g) The rights provided by this Section are in addition |
| to all other rights allowed by law to a creditor against a debtor. | |
(h) If a lien is on goods stored by a merchant in the |
| course of its business, the lien may be enforced in accordance with subsection (a) or (b). | |
(i) A warehouse is liable for damages caused by failure |
| to comply with the requirements for sale under this Section and, in case of willful violation, is liable for conversion. | |
(Source: P.A. 95‑895, eff. 1‑1‑09.) |