- Alaska Statutes.
- Title 45. Trade and Commerce
- Chapter 7. Warehouse Receipts, Bills of Lading, and Other Documents of Title
- Section 301. Liability For Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Load and Count"; Improper Handling.
previous: Section 210
. Enforcement of Warehouseman's Lien.
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. Through Bills of Lading and Similar Documents.
AS 45.07.301. Liability For Nonreceipt or Misdescription; "Said to Contain"; "Shipper's Load and Count"; Improper Handling.
- (a) A consignee of a nonnegotiable bill who has given value in good faith or a holder to whom a negotiable bill has been
duly negotiated, relying in either case upon the description in the bill of the goods 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 document indicates that the issuer does not know whether any part or all of
the goods in fact were received or conform to the description, as where 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 the like, if this indication is true.
- (b) If goods are loaded by an issuer who is a common carrier, the issuer must count the packages of goods if package
freight and ascertain the kind and quantity if bulk freight. In this case "shipper's weight, load, and count" or other
words indicating that the description was made by the shipper are ineffective except as to freight concealed by
- (c) If bulk freight is loaded by a shipper who makes available to the issuer adequate facilities for weighing the freight,
an issuer who is a common carrier must ascertain the kind and quantity within a reasonable time after receiving the
written request of the shipper to do so. In this case "shipper's weight" or other words of like purport are
- (d) The issuer may by inserting in the bill the words "shipper's weight, load, and count" or other words of like purport
indicate that the goods were loaded by the shipper; and if the statement is true the issuer is not liable for damages
caused by the improper loading. But their omission does not imply liability for the damages.
- (e) The shipper is considered to have guaranteed to the 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 these particulars. The right of the issuer to this
indemnity in no way limits the issuer's responsibility and liability under the contract of carriage to a person other
than the shipper.
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