Sec. 45.07.301. Liability for nonreceipt or misdescription; “said to contain”; “shipper's weight, load, and count”; improper handling.

435 words·~2 min read·/ak/title-45/chapter-7/45-07-301

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A consignee of a nonnegotiable bill of lading who has given value in good faith, or a holder to whom a negotiable bill has been duly negotiated, relying on the description in the bill of the goods or on 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 a part or all of the goods in fact were received or conform to the description, as where 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 this 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)the words, “shipper's weight, load, and count,” or other 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 who 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 ascertain the kind and quantity. In this case, “shipper's weight” or other 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 the statement is true, the issuer is not liable for damages caused by the improper loading. However, omission of these words does not imply liability for damages 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 these particulars. This right of indemnity does not limit the issuer's responsibility or liability under the contract of carriage to a person other than the shipper.