(2) If goods are loaded by the issuer of a bill of lading:
(a) The issuer shall count the packages of goods if shipped 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 of similar 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 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 other 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 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.
(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. 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. [1961 c.726 §77.3010; 2009 c.181 §65]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 077 - Warehouse Receipts, Bills of Lading and Other Documents of Title
Section 77.1020 - Definitions and index of definitions.
Section 77.1030 - Relation of chapter to treaty or statute.
Section 77.1040 - Negotiable and nonnegotiable document of title.
Section 77.1050 - Reissuance in alternative medium.
Section 77.1060 - Control of electronic document of title.
Section 77.2010 - Person that may issue a warehouse receipt; storage under bond.
Section 77.2020 - Form of warehouse receipt; effect of omission.
Section 77.2030 - Liability for nonreceipt or misdescription.
Section 77.2040 - Duty of care; contractual limitation of warehouse’s liability.
Section 77.2060 - Termination of storage at warehouse’s option.
Section 77.2070 - Goods must be kept separate; fungible goods.
Section 77.2090 - Lien of warehouse.
Section 77.2100 - Enforcement of warehouse’s lien.
Section 77.3020 - Through bills of lading and similar documents of title.
Section 77.3030 - Diversion; reconsignment; change of instructions.
Section 77.3040 - Bills of lading in a set.
Section 77.3050 - Destination bills.
Section 77.3070 - Lien of carrier.
Section 77.3080 - Enforcement of carrier’s lien.
Section 77.3090 - Duty of care; contractual limitation of carrier’s liability.
Section 77.4010 - Irregularities in issue of receipt or bill or conduct of issuer.
Section 77.4030 - Obligation of bailee to deliver; excuse.
Section 77.4040 - No liability for good faith delivery pursuant to document of title.
Section 77.5010 - Form of negotiation and requirements of due negotiation.
Section 77.5020 - Rights acquired by due negotiation.
Section 77.5030 - Document of title to goods defeated in certain cases.
Section 77.5070 - Warranties on negotiation or delivery of document of title.
Section 77.5090 - Adequate compliance with commercial contract.
Section 77.6010 - Lost, stolen or destroyed documents of title.