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§12A-7-309.
§12A-7-309.
(1) A carrier who issues a bill of lading whether negotiable or
nonnegotiable must exercise the degree of care in relation to the
goods which a reasonably careful man would exercise under like
circumstances. This subsection does not repeal or change any law or
rule of law which imposes liability upon a common carrier for damages
not caused by its negligence.
(2) Damages may be limited by a provision that the carrier's liability
shall not exceed a value stated in the document if the carrier's rates
are dependent upon value and the consignor by the carrier's tariff is
afforded an opportunity to declare a higher value or a value as
lawfully provided in the tariff, or where no tariff is filed he is
otherwise advised of such opportunity; but no such limitation is
effective with respect to the carrier's liability for conversion to
its own use.
(3) Reasonable provisions as to the time and manner of presenting
claims and instituting actions based on the shipment may be included
in a bill of lading or tariff.
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