41-07-17. (7-301) Liability for nonreceipt or misdescription - Said to contain -
939 words·~4 min read·
/nd/title-41/chapter-41-07-documents-of-title/41-07-17·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Shipper's weight, load, and count - Improper handling.
1. A consignee of a non-negotiable 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.
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 the kind and quantity if shipped in bulk; and
b. 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. 3. 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. 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 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. 5. 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.
41-07-18. (7-302) Through bills of lading and similar documents of title. 1. The issuer of a through bill of lading, or other document of title embodying an
undertaking to be performed in part by a person acting as its agent or by a performing
carrier, is liable to any person entitled to recover on the bill or other document for any
breach by the other person or the performing carrier of its obligation under the bill or
other document. However, to the extent that the bill or other document covers an
undertaking to be performed overseas or in territory not contiguous to the continental
United States or an undertaking, including matters other than transportation, this
liability for breach by the other person or the performing carrier may be varied by
agreement of the parties. 2. If goods covered by a through bill of lading or other document of title embodying an
undertaking to be performed in part by a person other than the issuer are received by
that person, the person is subject, with respect to its own performance while the goods
are in its possession, to the obligation of the issuer. The person's obligation is
discharged by delivery of the goods to another person pursuant to the bill or other
document and does not include liability for breach by any other person or by the
issuer. 3. The issuer of a through bill of lading or other document of title described in
subsection 1 is entitled to recover from the performing carrier, or other person in
possession of the goods when the breach of the obligation under the bill or other
document occurred:
a. The amount it may be required to pay to any person entitled to recover on the bill
or other document for the breach, as may be evidenced by any receipt, judgment,
or transcript of judgment; and
b. The amount of any expense reasonably incurred by the issuer in defending any
action commenced by any person entitled to recover on the bill or other document
for the breach.
41-07-19. (7-303) Diversion - Reconsignment - Change of instructions. 1. Unless the bill of lading otherwise provides, a carrier may deliver the goods to a
person or destination other than that stated in the bill or may otherwise dispose of the
goods, without liability for misdelivery, on instructions from:
a. The holder of a negotiable bill;
b. The consignor on a non-negotiable bill, even if the consignee has given contrary
instructions;
c. The consignee on a non-negotiable bill in the absence of contrary instructions
from the consignor, if the goods have arrived at the billed destination or if the
consignee is in possession of the tangible bill or in control of the electronic bill; or
d. The consignee on a non-negotiable bill, if the consignee is entitled as against the
consignor to dispose of the goods.
2. Unless instructions described in subsection 1 are included in a negotiable bill of lading,
a person to which the bill is duly negotiated may hold the bailee according to the
original terms.