{"data":{"id":"us-ky/krs-355.7-301","jurisdiction":"us-ky","citation":"KRS 355.7-301","heading":"Liability for nonreceipt or misdescription -- \"Said to contain\" --","body":"\"Shipper's weight, load and count\" -- Improper handling.\n(1) A consignee of a nonnegotiable bill of lading which has given value in good faith,\nor a holder to which a negotiable bi ll has been duly negotiated, relying upon the\ndescription of the goods in the bill or upon the date shown in the bill, may recover\nfrom the issuer damages caused by the misdating of the bill or the nonreceipt or\nmisdescription of the goods, except to the e xtent that the document of title indicates\nthat the issuer does not know whether any part or all of the goods in fact were\nreceived or conform to the description, such as in a case in which the description is\nin terms of marks or labels or kind, quantity, or condition or the receipt or\ndescription is qualified by \"contents or condition of contents of packages unknown,\"\n\"said to contain,\" \"shipper's weight, load and count,\" or words of similar import, if\nthat indication is true.\n(2) If goods are loaded by th e issuer of the bill of lading, the issuer shall count the\npackages of goods if shipped in packages and ascertain the kind and quantity if\nshipped in bulk and words such as \"shipper's weight, load and count,\" or words of\nsimilar import indicating that the description was made by the shipper are\nineffective except as to goods concealed by packages.\n(3) If bulk goods are loaded by a shipper that makes available to the issuer of the bill of\nlading adequate facilities for weighing those goods, the issuer shall ascertain the\nkind and quantity within a reasonable time after receiving the shipper's request in a\nrecord to do so. In that case, \"shipper's weight\" or words of similar import are\nineffective.\n(4) The issuer, by including in the bill of lading the words \" shipper's weight, load and\ncount,\" or words of similar import, may indicate that the goods were loaded by the\nshipper, and, if that statement is true, the issuer is not liable for damages caused by\nthe improper loading. However, omission of such words does  not imply liability for\ndamages caused by improper loading.\n(5) A shipper guarantees to the issuer the accuracy at the time of shipment of the\ndescription, marks, labels, number, kind, quantity, condition, and weight, as\nfurnished by the shipper, and the shipper shall indemnify the issuer against damage\ncaused by inaccuracies in those particulars. This right of the issuer to that indemnity\ndoes not limit its responsibility or liability under the contract of carriage to any\nperson other than the shipper.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40618","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:46Z","sha256":"290a4adfd75bc7c2363c49da1482731ce9d13c10616336610ae4db00c5b3d2a5","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.7-210","next":"us-ky/krs-355.7-302"},"notice":"GroundRules: Original legal text. Not legal advice."}