7301 - Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load and count"; improper handling.
CHAPTER 73 BILLS OF LADING: SPECIAL PROVISIONS Sec. 7301. Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load and count"; improper handling. 7302. Through bills of lading and similar documents of title. 7303. Diversion; reconsignment; change of instructions. 7304. Tangible bills of lading in a set. 7305. Destination bills. 7306. Altered bills of lading. 7307. Lien of carrier. 7308. Enforcement of carrier's lien. 7309. Duty of care; contractual limitation of carrier's liability. Enactment. Chapter 73 was added April 16, 2008, P.L.57, No.13, effective in 60 days. Prior Provisions. Former Chapter 73, which related to the same subject matter, was added November 1, 1979, P.L.255, No.86, and repealed April 16, 2008, P.L.57, No.13, effective in 60 days. § 7301. Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load and count"; improper handling. (a) Liability.--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) Package count.--If goods are loaded by the issuer of the 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 by packages. (c) Kind and quantity.--If bulk goods are loaded by a shipper that makes available to the issuer of the 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) Deference to shipper.--The issuer of a bill of lading, by including in the bill of lading 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) Accuracy guaranteed.--A shipper guarantees to the 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 its responsibility or liability under the contract of carriage to any person other than the shipper.