N.Y. Uniform Commercial Code Law § 7-309: Duty of Care; Contractual Limitation of Carrier's Liability

Section 7--309. Duty of Care; Contractual Limitation of Carrier's

Liability.

(a) A carrier that issues a bill of lading, whether negotiable or

nonnegotiable, shall exercise the degree of care in relation to the

goods which a reasonably careful person would exercise under similar

circumstances. This subsection does not affect any statute, regulation,

or rule of law that imposes liability upon a common carrier for damages

not caused by its negligence.

(b) Damages may be limited by a term in the bill of lading or in a

transportation agreement that the carrier's liability may not exceed a

value stated in the bill or transportation agreement if the carrier's

rates are dependent upon value and the consignor is afforded an

opportunity to declare a higher value and the consignor is advised of

the opportunity. However, such a limitation is not effective with

respect to the carrier's liability for conversion to its own use.

(c) Reasonable provisions as to the time and manner of presenting

claims and commencing actions based on the shipment may be included in a

bill of lading or a transportation agreement.