§ 41-07-17 — (7-301) Liability for nonreceipt or misdescription - Said to contain - Shipper's weight, load, and count - Improper handling

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.