§ 6A-7-301 Liability for nonreceipt ormisdescription – "Said to contain" – "Shipper's weight, load andcount" – Improper handling. – (a) A consignee of a nonnegotiable bill of lading which has given value in goodfaith, or a holder to which a negotiable bill has been duly negotiated, relyingupon the description of the goods in the bill or upon the date shown in thebill, may recover from the issuer damages caused by the misdating of the billor the nonreceipt or misdescription of the goods, except to the extent that thebill indicates that the issuer does not know whether any part or all of thegoods in fact were received or conform to the description, such as in a case inwhich the description is in terms of marks or labels or kind, quantity, orcondition or the receipt or description is qualified by "contents or conditionof 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 shippedin packages and ascertain the kind and quantity if shipped in bulk; and
(2) Words such as "shipper's weight, load, and count," orwords of similar import indicating that the description was made by the shipperare ineffective except as to goods concealed in packages.
(c) If bulk goods are loaded by a shipper that makesavailable to the issuer of a bill of lading adequate facilities for weighingthose goods, the issuer shall ascertain the kind and quantity within areasonable time after receiving the shipper's request in a record to do so. Inthat case, "shipper's weight" or words of similar import are ineffective.
(d) The issuer of a bill of lading, by including in the billthe words "shipper's weight, load, and count," or words of similar import, mayindicate that the goods were loaded by the shipper, and, if that statement istrue, the issuer is not liable for damages caused by the improper loading.However, omission of such words does not imply liability for damages caused byimproper loading.
(e) A shipper guarantees to an issuer the accuracy at thetime of shipment of the description, marks, labels, number, kind, quantity,condition, and weight, as furnished by the shipper, and the shipper shallindemnify the issuer against damage caused by inaccuracies in thoseparticulars. This right of indemnity does not limit the issuer's responsibilityor liability under the contract of carriage to any person other than theshipper.
§ 6A-7-301 Liability for nonreceipt ormisdescription – "Said to contain" – "Shipper's weight, load andcount" – Improper handling. – (a) A consignee of a nonnegotiable bill of lading which has given value in goodfaith, or a holder to which a negotiable bill has been duly negotiated, relyingupon the description of the goods in the bill or upon the date shown in thebill, may recover from the issuer damages caused by the misdating of the billor the nonreceipt or misdescription of the goods, except to the extent that thebill indicates that the issuer does not know whether any part or all of thegoods in fact were received or conform to the description, such as in a case inwhich the description is in terms of marks or labels or kind, quantity, orcondition or the receipt or description is qualified by "contents or conditionof 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 shippedin packages and ascertain the kind and quantity if shipped in bulk; and
(2) Words such as "shipper's weight, load, and count," orwords of similar import indicating that the description was made by the shipperare ineffective except as to goods concealed in packages.
(c) If bulk goods are loaded by a shipper that makesavailable to the issuer of a bill of lading adequate facilities for weighingthose goods, the issuer shall ascertain the kind and quantity within areasonable time after receiving the shipper's request in a record to do so. Inthat case, "shipper's weight" or words of similar import are ineffective.
(d) The issuer of a bill of lading, by including in the billthe words "shipper's weight, load, and count," or words of similar import, mayindicate that the goods were loaded by the shipper, and, if that statement istrue, the issuer is not liable for damages caused by the improper loading.However, omission of such words does not imply liability for damages caused byimproper loading.
(e) A shipper guarantees to an issuer the accuracy at thetime of shipment of the description, marks, labels, number, kind, quantity,condition, and weight, as furnished by the shipper, and the shipper shallindemnify the issuer against damage caused by inaccuracies in thoseparticulars. This right of indemnity does not limit the issuer's responsibilityor liability under the contract of carriage to any person other than theshipper.
§ 6A-7-301 Liability for nonreceipt ormisdescription – "Said to contain" – "Shipper's weight, load andcount" – Improper handling. – (a) A consignee of a nonnegotiable bill of lading which has given value in goodfaith, or a holder to which a negotiable bill has been duly negotiated, relyingupon the description of the goods in the bill or upon the date shown in thebill, may recover from the issuer damages caused by the misdating of the billor the nonreceipt or misdescription of the goods, except to the extent that thebill indicates that the issuer does not know whether any part or all of thegoods in fact were received or conform to the description, such as in a case inwhich the description is in terms of marks or labels or kind, quantity, orcondition or the receipt or description is qualified by "contents or conditionof 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 shippedin packages and ascertain the kind and quantity if shipped in bulk; and
(2) Words such as "shipper's weight, load, and count," orwords of similar import indicating that the description was made by the shipperare ineffective except as to goods concealed in packages.
(c) If bulk goods are loaded by a shipper that makesavailable to the issuer of a bill of lading adequate facilities for weighingthose goods, the issuer shall ascertain the kind and quantity within areasonable time after receiving the shipper's request in a record to do so. Inthat case, "shipper's weight" or words of similar import are ineffective.
(d) The issuer of a bill of lading, by including in the billthe words "shipper's weight, load, and count," or words of similar import, mayindicate that the goods were loaded by the shipper, and, if that statement istrue, the issuer is not liable for damages caused by the improper loading.However, omission of such words does not imply liability for damages caused byimproper loading.
(e) A shipper guarantees to an issuer the accuracy at thetime of shipment of the description, marks, labels, number, kind, quantity,condition, and weight, as furnished by the shipper, and the shipper shallindemnify the issuer against damage caused by inaccuracies in thoseparticulars. This right of indemnity does not limit the issuer's responsibilityor liability under the contract of carriage to any person other than theshipper.
