The Vermont Statutes Online
Uniform Commercial Code
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 Repealed. 2015, No. 51, § B.2, effective June 3, 2015.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
(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.)