§ 554.7301

554.7301 Liability for nonreceipt or misdescription — 'said to contain' — 'shipper’s weight, load, and count' — improper handling. 1. 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 ofthe goods in the bill or upon the date shown in the bill, may recover from the issuer damagescaused by the misdating of the bill or the nonreceipt or misdescription of the goods, exceptto the extent that the bill indicates that the issuer does not know whether any part or all ofthe goods in fact were received or conform to the description, such as in a case in whichthe description is in terms of marks or labels or kind, quantity, or condition or the receipt ordescription is qualified by 'contents or condition of contents of packages unknown', 'said tocontain', 'shipper’s weight, load, and count', or words of similar import, if that indication istrue. 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.

istrue. 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 inpackages. 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 quantitywithin a reasonable time after receiving the shipper’s request in a record to do so. In thatcase, '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 bythe shipper, and, if that statement is true, the issuer is not liable for damages caused by theimproper loading. However, omission of such words does not imply liability for damagescaused by improper loading. 5.

and, if that statement is true, the issuer is not liable for damages caused by theimproper loading. However, omission of such words does not imply liability for damagescaused 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 theshipper, and the shipper shall indemnify the issuer against damage caused by inaccuraciesin those particulars. This right of indemnity does not limit the issuer’s responsibility orliability under 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] 2007 Acts, ch 30, §17, 45, 46 Sat Dec 23 01:57:52 2023 Iowa Code 2024, Section 554.7301 (24, 0)