Okla. Stat. tit. 12A, § 12A-7-301
This is the official text of Okla. Stat. tit. 12A, § 12A-7-301, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Liability for nonreceipt or misdescription - "Said to
Official statutory text
contain" - "Shipper's load and count" - Improper handling.
Liability for Nonreceipt or Misdescription; "Said to Contain";
"Shipper's Load and Count"; Improper Handling.
(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
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 407
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 such indication is true.
(b) If goods are loaded by an 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
freight; 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 by 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 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 shall not be liable for
damages caused by the improper loading. However, omission of such
words does not imply liability for such 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 and liability under the contract
of carriage to any person other than the shipper.
Liability for Nonreceipt or Misdescription; "Said to Contain";
"Shipper's Load and Count"; Improper Handling.
(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
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 407
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 such indication is true.
(b) If goods are loaded by an 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
freight; 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 by 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 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 shall not be liable for
damages caused by the improper loading. However, omission of such
words does not imply liability for such 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 and liability under the contract
of carriage to any person other than the shipper.
Status: in_force · Read it on the official government site
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