§ 26-1-7-301 — Liability for nonreceipt or misdescription; "said to contain"; "shipper's load and count"; improper handling

Indiana § 26-1-7-301

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 1: UNIFORM COMMERCIAL CODE
• Ch. 7: Documents of Title

Text

(a) A consignee of a nonnegotiable bill of
lading that 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 the 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 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 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.
Formerly: Acts 1963, c.317, s.7-301. As amended by
P.L.143-2007, SEC.40.