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The Vermont Statutes Online



Title

09A

:
Uniform Commercial Code






Chapter

007

:
Documents of Title











 

§§

7-301-309. Repealed. 2015, No. 51, § B.2, effective June 3, 2015.






 

§

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. (Added 2015, No. 51, § B.3, eff.

June 3, 2015.)