400.7-301. Liability for nonreceipt or misdescription--"said to contain"--"shipper's load and count"--improper handling. - Missouri Statutes

Liability for nonreceipt or misdescription--"said tocontain"--"shipper's load and count"--improper handling.

400.7-301. (1) A consignee of a nonnegotiable bill who hasgiven value in good faith or a holder to whom a negotiable billhas been duly negotiated relying in either case upon thedescription therein of the goods, or upon the date therein shown,may recover from the issuer damages caused by the misdating ofthe bill or the nonreceipt or misdescription of the goods, exceptto the extent that the document indicates that the issuer doesnot know whether any part or all of the goods in fact werereceived or conform to the description, as where the descriptionis in terms of marks or labels or kind, quantity, or condition orthe receipt or description is qualified by "contents or conditionof contents of packages unknown", "said to contain", "shipper'sweight, load and count" or the like, if such indication be true.

(2) When goods are loaded by an issuer who is a commoncarrier, the issuer must count the packages of goods if packagefreight and ascertain the kind and quantity if bulk freight. Insuch cases "shipper's weight, load and count" or other wordsindicating that the description was made by the shipper areineffective except as to freight concealed by packages.

(3) When bulk freight is loaded by a shipper who makesavailable to the issuer adequate facilities for weighing suchfreight, an issuer who is a common carrier must ascertain thekind and quantity within a reasonable time after receiving thewritten request of the shipper to do so. In such cases"shipper's weight" or other words of like purport areineffective.

(4) The issuer may by inserting in the bill the words"shipper's weight, load and count" or other words of like purportindicate that the goods were loaded by the shipper; and if suchstatement be true the issuer shall not be liable for damagescaused by the improper loading. But their omission does notimply liability for such damages.

(5) The shipper shall be deemed to have guaranteed to theissuer the accuracy at the time of shipment of the description,marks, labels, number, kind, quantity, condition and weight, asfurnished by him; and the shipper shall indemnify the issueragainst damage caused by inaccuracies in such particulars. Theright of the issuer to such indemnity shall in no way limit hisresponsibility and liability under the contract of carriage toany person other than the shipper.

(L. 1963 p. 503 § 7-301)