N.Y. Uniform Commercial Code Law § 7-301: Liability for Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Weight, Load, and Count"; Improper Handling

Section 7--301. Liability for Nonreceipt or Misdescription; "Said to

Contain"; "Shipper's Weight, Load, and Count";

Improper Handling.

(a) A consignee of a nonnegotiable bill of lading which has given

value in good faith, or a holder to which a negotiable bill 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 extent that the bill 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.

(b) If goods are loaded by the issuer of a bill of lading:

(1) the issuer shall count the packages of goods if shipped in

packages and ascertain the kind and quantity if shipped in bulk; and

(2) 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 in packages.

(c) If bulk goods are loaded by a shipper that makes available to the

issuer of a 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.

(d) The issuer of a bill of lading, by including in the bill 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.

(e) A shipper guarantees to an 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 indemnity does not limit the issuer's

responsibility or liability under the contract of carriage to any person

other than the shipper.