weight, load, and count” — improper handling. 1. A consignee of a nonnegotiable billof lading which has given value in good faith, or a holder to which a negotiable billhas been duly negotiated, relying upon the description of the goods in the billor upon the date shown in the bill,may recover from the issuer damages caused by the misdating of the billor 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 allof the goods in fact were received or conform to the description, such as in a case in which the description isin 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, ifthat indication is true. 2. If goods are loaded by the issuer of a bill of lading, a. the issuer shall count the packages of goods ifshipped in packages and ascertain the kind and quantity if shipped in bulk; and b. words such as “shipper’s weight, load, and count”, or words ofsimilar import indicating that the description was made by the shipper are ineffective except as to goods concealed in packages. 3. If bulk goods are loaded by a shipper that makes available tothe issuerof a billof 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. 4. 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, ifthat 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. 5. 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 liabilityunder the contract of carriage to any person other than the shipper. [S13, §2074-b, 3138-b22; C24, 27, 31, 35, 39, §8267, 10980; C46, 50, 54, 58, 62, §487.23, 613.6; C66, 71, 73, 75, 77, 79, 81, §554.7301]
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