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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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