(1) The duty
of the warehouse operator to deliver the commodities in storage
is governed by the provisions of this chapter and the
requirements of Article 7 of Title 62A RCW (62A.7). Upon the return of
the receipt to the proper warehouse operator, properly endorsed,
and upon payment or tender of all advances and legal charges, the
warehouse operator shall deliver commodities of the grade and
quantity named upon the receipt to the holder of the receipt,
except as provided by Article 7 of Title 62A RCW (62A.7).
(2) A warehouse operator's duty to deliver any commodity is
fulfilled if delivery is made pursuant to the contract with the
depositor or if no contract exists, then to the several owners in
the order of demand as rapidly as it can be done by ordinary
diligence. Where delivery is made within forty-eight hours
excluding Saturdays, Sundays, and legal holidays after facilities
for receiving the commodity are provided, the delivery is deemed
to comply with this subsection.
(3) No warehouse operator may fail to deliver a commodity as
provided in this section, and delivery shall be made at the
warehouse or station where the commodity was received unless the
warehouse operator and depositor otherwise agree in writing.
(4) In addition to being subject to penalties provided in
this chapter for a violation of this section, if a warehouse
operator unreasonably fails to deliver commodities within the
time as provided in this section, the person entitled to delivery
of the commodity may maintain an action against the warehouse
operator for any damages resulting from the warehouse operator's
unreasonable failure to so deliver. In any such action the
person entitled to delivery of the commodity has the option to
seek recovery of his or her actual damages or liquidated damages
of one-half of one percent of the value for each day's delay
after the forty-eight hour period.
[2011 c 336 § 609; 1983 c 305 § 31; 1979 ex.s. c 238 § 17; 1963 c 124 § 15.]
NOTES:
Severability -- 1983 c 305: See note following RCW 20.01.010.