FILEMON B. VELA, District Judge:
Tri-State Motor Transit (Tri-State) appeals a grant of summary judgment in favor of the plaintiff Rohner-Gehrig (Roh-ner) and a denial of its motion for summary judgment. Based upon the record before us we find that the district court did not have sufficient grounds to grant Rohner summary judgment but was warranted in denying Tri-State’s motion for summary judgment. We therefore REVERSE in part and AFFIRM in part.
I. The Facts.
When it absolutely positively has to get there.
In 1906, Congress enacted the Carmack Amendment (now at 49 U.S.C. § 11707 [1120]*1120[Supp.1990]) which prohibited carriers from limiting their liability in any way.2 As a result, carriers began to charge exorbitant rates for shipments insured at full value. Congress reacted by enacting the Cummings Amendment (now at 49 U.S.C. § 10730 [Supp.1990]) which allows carriers to limit liability, but gave the ICC the power to approve rates through “tariffs.” 3 A tariff is a document filed by the carrier and published by the ICC listing several freight rates available to shippers for different types of equipment. The tariff is not part of the bill of lading given to the shipper, but rather a separately published document incorporated by reference into the bill of lading.
Each rate in a tariff carries a corresponding level of liability per pound which is termed a “released rate.” A higher freight rate, therefore, secures a higher level of liability. When a tariff contains an inadvertence clause4 and a shipper fails to declare a value in the bill of lading, then the shipper is insured at the lowest rate permitted in the tariff. The inadvertence clause is usually incorporated into the bill of lading in the released rate clause by a sentence which states that if the shipper fails to state a released rate, the shipment is deemed released at the lowest rate or the rate listed. The shipper, therefore, is not compelled to accept the given released rate but may instead choose a higher rate by incorporating it into the bill of lading.
Truckin’. Got my chips cashed in.
Tri-State contracted with Rohner to ship an airplane tail assembly from Tinker Air Force Base in Oklahoma to Houston, Texas. The French Military owns the assembly and Rohner is its subrogee.
Gordon Burnett, a freight rate specialist for the Air Force signed Tri-State’s freight bill (the bill of lading) as “shipper per” and as the consignor. Mr. Burnett had seven years experience as a shipping agent for the U.S. Air Force and was familiar with bills of lading and the general effect of a released rate. He did not declare a greater released rate or value for the cargo than that provided by the released rates found in the tariffs.5
[1121]*1121In the center of the Tri-State’s freight bill, above Mr. Burnett’s signature, appears the released rate clause:
Unless a Greater Value is Declared, The Shipper Hereby Releases the Value to $5,000.00 Per Ton of 2,000 Pounds for Each Article.
This portion of the shipping order (freight bill) was not set off in bold letters nor was it in larger type than the rest of the bill. Neither was there a space specifically provided for the shipper to declare a greater value as required by tariff NAS 190-A.
During shipment, the freight was damaged. Tri-State does not contest its liability, but contends that Rohner’s damages are limited to the released value damages as set forth in the shipping order and in the lawfully filed tariffs applicable to the transportation of the cargo in question.
The district court found that Tri-State’s bill of lading failed to comply with the tariff provisions and therefore, the released rate clause was void. Therefore, TriState’s motion for summary judgment was denied and Rohner’s granted.
II. The Law.
Although this court has not ruled on this precise issue, it and others have enforced bills of lading that substantially (rather than strictly) comply with their related tariffs. Eg., Robinson v. Ralph G. Smith, Inc., 735 F.2d 186, 190 (6th Cir.1984); Strickland Transp. Co. v. United States, 334 F.2d 172, 179 (5th Cir.1964). The district court did not address what test this circuit would use because it found “TriState’s bill of lading fails to even substantially comply with the tariff.” “Where, as here, questions of law control the disposition on summary judgment, we must subject the controverted issues to full appellate review.” Texas Commerce Bank-Fort Worth, N.A. v. United States, 896 F.2d 152, 155 (5th Cir.1990) (citing Barrett Computer Services, Inc. v. PDA, Inc., 884 F.2d 214, 215 (5th Cir.1989)).
Limitation of Liability
In order for the Cummings Amendment to limit liability, the carrier must satisfy four requirements; he must “1) maintain a tariff within the prescribed guidelines of the Interstate Commerce Commission; 2) obtain the shipper’s agreement as to his choice of liability; 3) give the shipper a reasonable opportunity to choose between two or more levels of liability; and 4) issue a receipt or bill of lading prior to moving the shipment.” Hughes v. United Van Lines, Inc., 829 F.2d 1407, 1415 (7th Cir.1987), cert. denied, 485 U.S. 913, 108 S.Ct. 1068, 99 L.Ed.2d 248 (1988) (citing Anton v. [1122]*1122Greyhound Van Lines, Inc., 591 F.2d 103 (1st Cir.1978)). The first and last requirements are evidentiary in nature and are not at issue in this case.6 The law in this circuit, however, must be clarified in regards to the second and third elements.
A. Shipper’s Agreement
What must occur in order for a shipper to give his agreement as to his choice of liability? “Shippers are charged with notice of terms, conditions and regulations contained in the tariff schedule pertaining to a carrier’s liability which in turn affect the rates charged the carriage of goods.” Anton v. Greyhound Van Lines, Inc., 591 F.2d 103, 108 (1st Cir.1978) (citing American Railway Express Co. v. Daniel, 269 U.S. 40, 42, 46 S.Ct. 15, 15, 70 L.Ed. 154 (1925)).
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FILEMON B. VELA, District Judge:
Tri-State Motor Transit (Tri-State) appeals a grant of summary judgment in favor of the plaintiff Rohner-Gehrig (Roh-ner) and a denial of its motion for summary judgment. Based upon the record before us we find that the district court did not have sufficient grounds to grant Rohner summary judgment but was warranted in denying Tri-State’s motion for summary judgment. We therefore REVERSE in part and AFFIRM in part.
I. The Facts.
When it absolutely positively has to get there.
In 1906, Congress enacted the Carmack Amendment (now at 49 U.S.C. § 11707 [1120]*1120[Supp.1990]) which prohibited carriers from limiting their liability in any way.2 As a result, carriers began to charge exorbitant rates for shipments insured at full value. Congress reacted by enacting the Cummings Amendment (now at 49 U.S.C. § 10730 [Supp.1990]) which allows carriers to limit liability, but gave the ICC the power to approve rates through “tariffs.” 3 A tariff is a document filed by the carrier and published by the ICC listing several freight rates available to shippers for different types of equipment. The tariff is not part of the bill of lading given to the shipper, but rather a separately published document incorporated by reference into the bill of lading.
Each rate in a tariff carries a corresponding level of liability per pound which is termed a “released rate.” A higher freight rate, therefore, secures a higher level of liability. When a tariff contains an inadvertence clause4 and a shipper fails to declare a value in the bill of lading, then the shipper is insured at the lowest rate permitted in the tariff. The inadvertence clause is usually incorporated into the bill of lading in the released rate clause by a sentence which states that if the shipper fails to state a released rate, the shipment is deemed released at the lowest rate or the rate listed. The shipper, therefore, is not compelled to accept the given released rate but may instead choose a higher rate by incorporating it into the bill of lading.
Truckin’. Got my chips cashed in.
Tri-State contracted with Rohner to ship an airplane tail assembly from Tinker Air Force Base in Oklahoma to Houston, Texas. The French Military owns the assembly and Rohner is its subrogee.
Gordon Burnett, a freight rate specialist for the Air Force signed Tri-State’s freight bill (the bill of lading) as “shipper per” and as the consignor. Mr. Burnett had seven years experience as a shipping agent for the U.S. Air Force and was familiar with bills of lading and the general effect of a released rate. He did not declare a greater released rate or value for the cargo than that provided by the released rates found in the tariffs.5
[1121]*1121In the center of the Tri-State’s freight bill, above Mr. Burnett’s signature, appears the released rate clause:
Unless a Greater Value is Declared, The Shipper Hereby Releases the Value to $5,000.00 Per Ton of 2,000 Pounds for Each Article.
This portion of the shipping order (freight bill) was not set off in bold letters nor was it in larger type than the rest of the bill. Neither was there a space specifically provided for the shipper to declare a greater value as required by tariff NAS 190-A.
During shipment, the freight was damaged. Tri-State does not contest its liability, but contends that Rohner’s damages are limited to the released value damages as set forth in the shipping order and in the lawfully filed tariffs applicable to the transportation of the cargo in question.
The district court found that Tri-State’s bill of lading failed to comply with the tariff provisions and therefore, the released rate clause was void. Therefore, TriState’s motion for summary judgment was denied and Rohner’s granted.
II. The Law.
Although this court has not ruled on this precise issue, it and others have enforced bills of lading that substantially (rather than strictly) comply with their related tariffs. Eg., Robinson v. Ralph G. Smith, Inc., 735 F.2d 186, 190 (6th Cir.1984); Strickland Transp. Co. v. United States, 334 F.2d 172, 179 (5th Cir.1964). The district court did not address what test this circuit would use because it found “TriState’s bill of lading fails to even substantially comply with the tariff.” “Where, as here, questions of law control the disposition on summary judgment, we must subject the controverted issues to full appellate review.” Texas Commerce Bank-Fort Worth, N.A. v. United States, 896 F.2d 152, 155 (5th Cir.1990) (citing Barrett Computer Services, Inc. v. PDA, Inc., 884 F.2d 214, 215 (5th Cir.1989)).
Limitation of Liability
In order for the Cummings Amendment to limit liability, the carrier must satisfy four requirements; he must “1) maintain a tariff within the prescribed guidelines of the Interstate Commerce Commission; 2) obtain the shipper’s agreement as to his choice of liability; 3) give the shipper a reasonable opportunity to choose between two or more levels of liability; and 4) issue a receipt or bill of lading prior to moving the shipment.” Hughes v. United Van Lines, Inc., 829 F.2d 1407, 1415 (7th Cir.1987), cert. denied, 485 U.S. 913, 108 S.Ct. 1068, 99 L.Ed.2d 248 (1988) (citing Anton v. [1122]*1122Greyhound Van Lines, Inc., 591 F.2d 103 (1st Cir.1978)). The first and last requirements are evidentiary in nature and are not at issue in this case.6 The law in this circuit, however, must be clarified in regards to the second and third elements.
A. Shipper’s Agreement
What must occur in order for a shipper to give his agreement as to his choice of liability? “Shippers are charged with notice of terms, conditions and regulations contained in the tariff schedule pertaining to a carrier’s liability which in turn affect the rates charged the carriage of goods.” Anton v. Greyhound Van Lines, Inc., 591 F.2d 103, 108 (1st Cir.1978) (citing American Railway Express Co. v. Daniel, 269 U.S. 40, 42, 46 S.Ct. 15, 15, 70 L.Ed. 154 (1925)). A shipper, like any consumer, should know what he is going to pay, and what he is going to get for his money. Shippers give their consent unless there is no written opportunity to make a valuation of the property and the rate of shipping. Caten v. Salt City Movers & Storage Co., 149 F.2d 428, 432 (2d Cir.1945). In the case at bar, Burnett signed the bill of lading containing an inadvertence clause which made a valuation. The district court, however, found the bill of lading lacked the “notice fairness requires.” That, however, is not apparent without considering the shipper’s sophistication and state of mind (discussed infra).
B. Opportunity to Choose
“Binding [the shipper] by a limitation which she had no opportunity to discover would effectively deprive her of the requisite choice; such an arrangement would amount to a forbidden attempt to exonerate a carrier from the consequences of its own negligent acts.” New York, N.H. & HR. Co. v. Nothnagle, 346 U.S. 128, 135, 73 S.Ct. 986, 990, 97 L.Ed. 1500 (1952) (footnote omitted). A carrier further must give the shipper a fair opportunity to choose among various levels of liability; this implies the shipper had notice of the liability and had the chance to obtain information relevant to making an intelligent decision. Hughes, 829 F.2d at 1419.
This court has not decided whether it will require carriers’ bills of lading to strictly or substantially comply with the terms of their tariffs. However, in Strickland, 334 F.2d at 178, this court found the United States, as a shipper, had substantially . complied with the applicable tariff. The Third Circuit approved of the ICC determination “that a bill of lading taken together with the filed tariff containing an inadvertence clause, can constitute a written agreement between the carrier and the shipper.” National Small Shipments Traffic Conference, Inc. v. United States, 887 F.2d 443, 446 (3rd Cir.1989), cert. denied, — U.S. -, 110 S.Ct. 1947, 109 L.Ed.2d 309 (1990). The ICC, also, will enforce tariffs where some purpose is served related to the transportation provided, as long as there is no illegality. National Small Shipments Traffic Conference, Inc. v. Consolidated Frieghtways Corp., MCC-30102 [available on WESTLAW, FTRAN-ICC database], 1989 MCC Lexis 38 (1989). Strict compliance of the bill of lading by the carrier would be counter productive in this light and therefore substantial compliance is sufficient.
The district court relies upon Caspe v. Aaacon Auto Transport, Inc., 658 F.2d 613 (8th Cir.1981) to find no notice was supplied. The Caspe court found the limitation clause complied with the letter of the tariff but not its spirit. Though the clause was in the required bold print, it was buried in the agreement so it did not stand out to the reader’s attention. That court also found the lack of available space to declare a different limitation as required by the contract further diminished the shipper’s opportunity to fairly choose a limitation level. That case, however, involved plaintiffs unfamiliar with the business of shipping.
[1123]*1123In Robinson v. Ralph G. Smith, Inc., 735 F.2d 186 (6th Cir.1984), the court distinguishes the limitation clause from the one found in Caspe. The bill of lading clause was similar to the one found in the tariff, and while it was not in bold print, it was set off to be noticeable. In the present case, the district court found the bill of lading did not substantially comply soley because there was no room on the document to declare a higher value, and the clause was not in bold print. Based on the record before us, we are not persuaded this conclusion is certain. If the shipper was aware of what he was signing, and the signifigance of the document, substantial compliance occurred.
C. Sophistication
When confronted with a shipper, it is important to consider his sophistication. Co-Operative Shippers, Inc. v. Atchison, T. & S.F. R. Co., 840 F.2d 447 (7th Cir.1988) (holding Co-Op’s sophistication weakens its argument that it failed to notice liability provisions); Hughes, 829 F.2d at 1421 (finding plaintiffs were “seasoned shippers of goods” and should have known the system better); Mechanical Technology, Inc. v. Ryder Truck Lines, Inc., 776 F.2d 1085 (2d Cir.1985) (stating experience of shipper is a factor). A fair opportunity to choose may be different for the inexperienced mover than for the veteran businessman.
The district court relied upon Caspe for the proposition that, a limitation clause must be in bold print in order to give a shipper notice. However, there was no finding of whether Burnett knew about this limitation clause. While the limitation clause was not in bold, it clearly was above the place where Burnett signed. “The intent of released rates ... would be defeated if the shipper, simply by failing to state a value, obtained both a lower rate and full carrier liability.” National Small Shipments Traffic Conf. v. Consolidated Freightways Corp., MCC-30102 [available on WESTLAW, FTRAN-ICC database], 1989 MCC Lexis 38 (1989). While TriState’s bill of lading did not conform perfectly with its tariff, this court is not in a position to find that Rohner, through Burnett, did not know the significance of what was signed. Before summary judgment can be granted, the district court must be satisfied the shipper neither knew nor should have known about the limitation clause and its ramifications.
III. Conclusion.
For the above reasons, the district court correctly dismissed Tri-State’s motion for summary judgment and is therefore AFFIRMED, however, the district court’s grant of Rohner’s motion for summary judgment is REVERSED, and is remanded to the district court for further proceedings consistent with this opinion.