8.7-301 - Liability for nonreceipt or misdescription; "said to contain"; shipper's load and count"; improper handling.
§ 8.7-301. Liability for nonreceipt or misdescription; "said to contain";"shipper's load and count"; improper handling.
(1) A consignee of a nonnegotiable bill of lading who has given value in goodfaith, or a holder to whom a negotiable bill has been duly negotiated,relying upon the description therein of the goods, or upon the date thereinshown, may recover from the issuer damages caused by the misdating of thebill or the nonreceipt or misdescription of the goods, except to the extentthat the bill indicates that the issuer does not know whether any part or allof the goods in fact were received or conform to the description, as wherethe description is in terms of marks or labels or kind, quantity, orcondition or the receipt or description is qualified by "contents orcondition of contents of packages unknown," "said to contain," "shipper'sweight, load and count" or the like, if such indication be true.
(2) When goods are loaded by an issuer of a bill of lading, the issuer mustcount the packages of goods, if shipped in packages, and ascertain the kindand quantity if shipped in bulk. In such cases "shipper's weight, load andcount" or other words indicating that the description was made by theshipper are ineffective except as to goods concealed by packages.
(3) When bulk goods are loaded by a shipper who makes available to the issuerof a bill of lading adequate facilities for weighing such goods, the issuermust ascertain the kind and quantity within a reasonable time afterreceiving, in a record, the shipper's request to do so. In such cases"shipper's weight" or other words of like purport are ineffective.
(4) The issuer of a bill of lading, by inserting in the bill the words"shipper's weight, load and count" or other words of like purport, mayindicate that the goods were loaded by the shipper; and if such statement istrue, the issuer shall not be liable for damages caused by the improperloading. However, their omission does not imply liability for such damages.
(5) The shipper shall be deemed to have guaranteed to the issuer the accuracyat the time of shipment of the description, marks, labels, number, kind,quantity, condition and weight, as furnished by him; and the shipper shallindemnify the issuer against damage caused by inaccuracies in suchparticulars. The right of the issuer to such indemnity shall in no way limithis responsibility and liability under the contract of carriage to any personother than the shipper.
(1964, c. 219; 2004, c. 200.)