70A-7a-301 - Liability for nonreceipt or misdescription -- "Said to contain" -- "Shipper's weight, load, and count" -- Improper handling.
70A-7a-301. Liability for nonreceipt or misdescription -- "Said to contain" --"Shipper's weight, load, and count" -- Improper handling.
(1) A consignee of a nonnegotiable bill of lading which has given value in good faith, ora holder to which a negotiable bill has been duly negotiated, relying upon the description of thegoods in the bill or upon the date shown in the bill, may recover from the issuer damages causedby the misdating of the bill or the nonreceipt or misdescription of the goods, except to the extentthat the bill indicates that the issuer does not know whether any part or all of the goods in factwere received or conform to the description, such as in a case in which the description is in termsof marks or labels or kind, quantity, or condition or the receipt or description is qualified by"contents or condition of contents of packages unknown," "said to contain," "shipper's weight,load, and count," or words of similar import, if that indication is true.
(2) If goods are loaded by the issuer of a bill of lading:
(a) the issuer shall count the packages of goods if shipped in packages and ascertain thekind and quantity if shipped in bulk; and
(b) words such as "shipper's weight, load, and count," or words of similar importindicating that the description was made by the shipper are ineffective except as to goodsconcealed in packages.
(3) If bulk goods are loaded by a shipper that makes available to the issuer of a bill oflading adequate facilities for weighing those goods, the issuer shall ascertain the kind andquantity within a reasonable time after receiving the shipper's request in a record to do so. In thatcase, "shipper's weight" or words of similar import are ineffective.
(4) The issuer of a bill of lading, by including in the bill the words "shipper's weight,load, and count," or words of similar import, may indicate that the goods were loaded by theshipper, and, if that statement is true, the issuer is not liable for damages caused by the improperloading. However, omission of such words does not imply liability for damages caused byimproper loading.
(5) A shipper guarantees to an issuer the accuracy at the time of shipment of thedescription, marks, labels, number, kind, quantity, condition, and weight, as furnished by theshipper, and the shipper shall indemnify the issuer against damage caused by inaccuracies inthose particulars. This right of indemnity does not limit the issuer's responsibility or liabilityunder the contract of carriage to any person other than the shipper.
Enacted by Chapter 42, 2006 General Session