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§12A-7-301.


§12A-7-301.
   
   (1) A consignee of a nonnegotiable bill who has given value in good
   faith or a holder to whom a negotiable bill has been duly negotiated
   relying in either case upon the description therein of the goods, or
   upon the date therein shown, 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 document
   indicates that the issuer does not know whether any part or all of the
   goods in fact were received or conform to the description, as where
   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 the like, if such indication be
   true.
   
   (2) When goods are loaded by an issuer who is a common carrier, the
   issuer must count the packages of goods if package freight and
   ascertain the kind and quantity if bulk freight. In such cases
   "shipper's weight, load and count" or other words indicating that the
   description was made by the shipper are ineffective except as to
   freight concealed by packages.
   
   (3) When bulk freight is loaded by a shipper who makes available to
   the issuer adequate facilities for weighing such freight, an issuer
   who is a common carrier must ascertain the kind and quantity within a
   reasonable time after receiving the written request of the shipper to
   do so. In such cases "shipper's weight" or other words of like purport
   are ineffective.
   
   (4) The issuer may by inserting in the bill the words "shipper's
   weight, load and count" or other words of like purport indicate that
   the goods were loaded by the shipper; and if such statement be true
   the issuer shall not be liable for damages caused by the improper
   loading. But their omission does not imply liability for such damages.
   
   (5) The shipper shall be deemed to have guaranteed to the issuer the
   accuracy at the time of shipment of the description, marks, labels,
   number, kind, quantity, condition and weight, as furnished by him; and
   the shipper shall indemnify the issuer against damage caused by
   inaccuracies in such particulars. The right of the issuer to such
   indemnity shall in no way limit his responsibility and liability under
   the contract of carriage to any person other than the shipper.
   

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