Effective: June 29, 2011
Latest Legislation: House Bill 9 - 129th General Assembly
Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling [UCC 7-301]
(A) A consignee of a nonnegotiable bill of lading which has given value in good faith, or a holder to which a negotiable bill has been duly negotiated, relying upon the description of the goods in the bill or upon the date shown in the bill, may recover from the issuer damages caused by the misdating of the bill or 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 all of the goods in fact were received or conform to the description, such as in a case in which the description is in 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, if that indication is true.
(B) If goods are loaded by the issuer of a bill of lading:
(1) The issuer shall count the packages of goods if shipped in packages and ascertain the kind and quantity if shipped in bulk ; and
(2) 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.
(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 other 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 other 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.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1307 | Documents of Title
Section 1307.101 | Short Title - Ucc 7-101.
Section 1307.102 | Definitions and Index of Definitions - Ucc 7-102.
Section 1307.103 | Relation of Chapter 1307. of the Revised Code to Treaty or Statute - Ucc 7-103.
Section 1307.104 | Negotiable and Nonnegotiable Document of Title - Ucc 7-104.
Section 1307.105 | Reissuance in Alternative Medium - Ucc 7-105.
Section 1307.106 | Control of Electronic Document of Title - Ucc 7-106.
Section 1307.201 | Person That May Issue a Warehouse Receipt; Storage Under Bond - Ucc 7-201.
Section 1307.202 | Form of Warehouse Receipt; Effect of Omission - Ucc 7-202.
Section 1307.203 | Liability for Nonreceipt or Misdescription - Ucc 7-203.
Section 1307.204 | Duty of Care; Contractual Limitation of Warehouse's Liability - Ucc 7-204.
Section 1307.205 | Title Under Warehouse Receipt Defeated in Certain Cases - Ucc 7-205.
Section 1307.206 | Termination of Storage at Warehouse's Option - Ucc 7-206.
Section 1307.207 | Goods Must Be Kept Separate; Fungible Goods - Ucc 7-207.
Section 1307.208 | Altered Warehouse Receipts - Ucc 7-208.
Section 1307.209 | Lien of Warehouse - Ucc 7-209.
Section 1307.210 | Enforcement of Warehouse's Lien - Ucc 7-210.
Section 1307.302 | Through Bills of Lading and Similar Documents of Title - Ucc 7-302.
Section 1307.303 | Diversion; Reconsignment; Change of Instructions - Ucc 7-303.
Section 1307.304 | Tangible Bills of Lading in a Set - Ucc 7-304.
Section 1307.305 | Destination Bills - Ucc 7-305.
Section 1307.306 | Altered Bills of Lading - Ucc 7-306.
Section 1307.307 | Lien of Carrier -Ucc 7-307.
Section 1307.308 | Enforcement of Carrier's Lien -Ucc 7-308.
Section 1307.309 | Duty of Care; Contractual Limitation of Carrier's Liability -Ucc 7-309.
Section 1307.401 | Irregularities in Issue of Receipt or Bill or Conduct of Issuer -Ucc 7-401.
Section 1307.402 | Duplicate Document of Title; Overissue - Ucc 7-402.
Section 1307.403 | Obligation of Bailee to Deliver; Excuse - Ucc 7-403.
Section 1307.404 | No Liability for Good-Faith Delivery Pursuant to Document of Title - Ucc 7-404.
Section 1307.501 | Form of Negotiation and Requirements of Due Negotiation - Ucc 7-501.
Section 1307.502 | Rights Acquired by Due Negotiation - Ucc 7-502.
Section 1307.503 | Document of Title to Goods Defeated in Certain Cases - Ucc 7-503.
Section 1307.505 | Indorser Not Guarantor for Other Parties - Ucc 7-505.
Section 1307.506 | Delivery Without Indorsement: Right to Compel Indorsement - Ucc 7-506.
Section 1307.507 | Warranties on Negotiation or Delivery of Document of Title - Ucc 7-507.
Section 1307.508 | Warranties of Collecting Bank as to Documents of Title - Ucc 7-508.
Section 1307.509 | Adequate Compliance With Commercial Contract - Ucc 7-509.
Section 1307.601 | Lost, Stolen, or Destroyed Documents of Title - Ucc 7-601.
Section 1307.603 | Conflicting Claims; Interpleader - Ucc 7-603.