§ 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. (Added 2015, No. 51, § B.3, eff. June 3, 2015.)