PART 3. 
BILLS OF LADING:  SPECIAL PROVISIONS



 



§490:7-301  Liability for nonreceipt or
misdescription; "said to contain"; "shipper's weight, load, and
count"; improper handling.  (a)  A consignee of a nonnegotiable bill
of lading which has given value in good faith, or a holder to which a
negotiable bill has been duly negotiated, relying upon the description of the
goods in the bill or upon the date shown in the bill, may recover from the
issuer damages caused by the misdating of the bill or the nonreceipt or
misdescription of the goods, except to the extent that the bill indicates that
the issuer does not know whether any part or all of the goods in fact were
received or conform to the description, such as in 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 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.



(b)  If goods are loaded by the issuer of a
bill of lading:



(1)  The issuer shall count the packages of goods if
shipped in packages and ascertain the kind and quantity if shipped in bulk; and



(2)  Words such as "shipper's weight, load, and
count", or words of similar import indicating that the description was
made by the shipper are ineffective except as to goods concealed in packages.



(c)  If bulk goods are loaded by a shipper that
makes available to the issuer of a bill of lading adequate facilities for
weighing those goods, the issuer shall ascertain the kind and quantity within a
reasonable time after receiving the shipper's request in a record to do so.  In
that case, "shipper's weight" or words of similar import are
ineffective.



(d)  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 the
shipper, and, if that statement is true, the issuer is not liable for damages
caused by the improper loading.  However, omission of such words does not imply
liability for damages caused by improper loading.



(e)  A shipper guarantees to an issuer the
accuracy at the time of shipment of the description, marks, labels, number,
kind, quantity, condition, and weight, as furnished by the shipper, and the
shipper shall indemnify the issuer against damage caused by inaccuracies in
those particulars.  This right of indemnity does not limit the issuer's
responsibility or liability under the contract of carriage to any person other
than the shipper. [L 2004, c 163, pt of §1]