Section 7--301. Liability for Nonreceipt or Misdescription; "Said to\n Contain"; "Shipper's Weight, Load, and Count";\n Improper Handling.\n (a) A consignee of a nonnegotiable bill of lading which has given\nvalue in good faith, or a holder to which a negotiable bill has been\nduly negotiated, relying upon the description of the goods in the bill\nor upon the date shown in the bill, may recover from the issuer damages\ncaused by the misdating of the bill or the nonreceipt or misdescription\nof the goods, except to the extent that the bill indicates that the\nissuer does not know whether any part or all of the goods in fact were\nreceived or conform to the description, such as in a case in which the\ndescription is in terms of marks or labels or kind, quan
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Section 7--301. Liability for Nonreceipt or Misdescription; "Said to\n Contain"; "Shipper's Weight, Load, and Count";\n Improper Handling.\n (a) A consignee of a nonnegotiable bill of lading which has given\nvalue in good faith, or a holder to which a negotiable bill has been\nduly negotiated, relying upon the description of the goods in the bill\nor upon the date shown in the bill, may recover from the issuer damages\ncaused by the misdating of the bill or the nonreceipt or misdescription\nof the goods, except to the extent that the bill indicates that the\nissuer does not know whether any part or all of the goods in fact were\nreceived or conform to the description, such as in a case in which the\ndescription is in terms of marks or labels or kind, quantity, or\ncondition or the receipt or description is qualified by "contents or\ncondition of contents of packages unknown", "said to contain",\n"shipper's weight, load, and count," or words of similar import, if that\nindication is true.\n (b) If goods are loaded by the issuer of a bill of lading:\n (1) the issuer shall count the packages of goods if shipped in\npackages and ascertain the kind and quantity if shipped in bulk; and\n (2) words such as "shipper's weight, load, and count," or words of\nsimilar import indicating that the description was made by the shipper\nare ineffective except as to goods concealed in packages.\n (c) If bulk goods are loaded by a shipper that makes available to the\nissuer of a bill of lading adequate facilities for weighing those goods,\nthe issuer shall ascertain the kind and quantity within a reasonable\ntime after receiving the shipper's request in a record to do so. In that\ncase, "shipper's weight" or words of similar import are ineffective.\n (d) The issuer of a bill of lading, by including in the bill the words\n"shipper's weight, load, and count," or words of similar import, may\nindicate that the goods were loaded by the shipper, and, if that\nstatement is true, the issuer is not liable for damages caused by the\nimproper loading. However, omission of such words does not imply\nliability for damages caused by improper loading.\n (e) A shipper guarantees to an issuer the accuracy at the time of\nshipment of the description, marks, labels, number, kind, quantity,\ncondition, and weight, as furnished by the shipper, and the shipper\nshall indemnify the issuer against damage caused by inaccuracies in\nthose particulars. This right of indemnity does not limit the issuer's\nresponsibility or liability under the contract of carriage to any person\nother than the shipper.\n