ROBERT L. EHRLICH, JR., Governor Ch. 95
(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
7-302.
(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) 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:
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