KRS 355.7-301: Liability for nonreceipt or misdescription -- "Said to contain" --

"Shipper's weight, load and count" -- Improper handling.

(1) A consignee of a nonnegotiable bill of lading which has given value in good faith,

or a holder to which a negotiable bi ll 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 e xtent that the document of title 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.

(2) If goods are loaded by th e issuer of the bill of lading, the issuer shall count the

packages of goods if shipped in packages and ascertain the kind and quantity if

shipped in bulk and 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.

(3) 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.

(4) The issuer, 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.

(5) 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 the issuer to that indemnity

does not limit its responsibility or liability under the contract of carriage to any

person other than the shipper.