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This entry was published on 2014-12-26
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SECTION 7-301
Liability for Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Weight, Load, and Count"; Improper Handling
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 7, PART 3
Section 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.