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Session Laws - 2006 S.L. 2006-112
415
(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.
"§ 25-7-302. Through bills of lading and similar documents of title.
(a) The issuer of a through bill of lading, or other document of title embodying
an undertaking to be performed in part by a person acting as its agent or by a
performing carrier, is liable to any person entitled to recover on the bill or other
document for any breach by the other person or the performing carrier of its obligation
under the bill or other document. However, to the extent that the bill or other document
covers an undertaking to be performed overseas or in territory not contiguous to the
continental United States or an undertaking including matters other than transportation,
this liability for breach by the other person or the performing carrier may be varied by
agreement of the parties.
(b) If goods covered by a through bill of lading or other document of title
embodying an undertaking to be performed in part by a person other than the issuer are
received by that person, the person is subject, with respect to its own performance while
the goods are in its possession, to the obligation of the issuer. The person's obligation is
discharged by delivery of the goods to another person pursuant to the bill or other
document and does not include liability for breach by any other person or by the issuer.
(c) The issuer of a through bill of lading or other document of title described in
subsection (a) of this section is entitled to recover from the performing carrier, or other
person in possession of the goods when the breach of the obligation under the bill or
other document occurred:
(1) The amount it may be required to pay to any person entitled to recover
on the bill or other document for the breach, as may be evidenced by
any receipt, judgment, or transcript of judgment; and
(2) The amount of any expense reasonably incurred by the issuer in
defending any action commenced by any person entitled to recover on
the bill or other document for the breach.
"§ 25-7-303. Diversion; reconsignment; change of instructions.
(a) Unless the bill of lading otherwise provides, a carrier may deliver the goods
to a person or destination other than that stated in the bill or may otherwise dispose of
the goods, without liability for misdelivery, on instructions from:
(1) The holder of a negotiable bill;
(2) The consignor on a nonnegotiable bill, even if the consignee has given
contrary instructions;
Object Description
Description
| Title | Page 425 |
| Full Text | Session Laws - 2006 S.L. 2006-112 415 (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. "§ 25-7-302. Through bills of lading and similar documents of title. (a) The issuer of a through bill of lading, or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier, is liable to any person entitled to recover on the bill or other document for any breach by the other person or the performing carrier of its obligation under the bill or other document. However, to the extent that the bill or other document covers an undertaking to be performed overseas or in territory not contiguous to the continental United States or an undertaking including matters other than transportation, this liability for breach by the other person or the performing carrier may be varied by agreement of the parties. (b) If goods covered by a through bill of lading or other document of title embodying an undertaking to be performed in part by a person other than the issuer are received by that person, the person is subject, with respect to its own performance while the goods are in its possession, to the obligation of the issuer. The person's obligation is discharged by delivery of the goods to another person pursuant to the bill or other document and does not include liability for breach by any other person or by the issuer. (c) The issuer of a through bill of lading or other document of title described in subsection (a) of this section is entitled to recover from the performing carrier, or other person in possession of the goods when the breach of the obligation under the bill or other document occurred: (1) The amount it may be required to pay to any person entitled to recover on the bill or other document for the breach, as may be evidenced by any receipt, judgment, or transcript of judgment; and (2) The amount of any expense reasonably incurred by the issuer in defending any action commenced by any person entitled to recover on the bill or other document for the breach. "§ 25-7-303. Diversion; reconsignment; change of instructions. (a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (1) The holder of a negotiable bill; (2) The consignor on a nonnegotiable bill, even if the consignee has given contrary instructions; |
