C.R.S. Section 4-7-301
Liability for nonreceipt or misdescription

  • “said to contain”
  • “shipper’s weight, 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 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 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 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.

Source: Section 4-7-301 — Liability for nonreceipt or misdescription - "said to contain" - "shipper’s weight, load, and count" - improper handling, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-04.­pdf (accessed Oct. 20, 2023).

4‑7‑101
Short title 4‑7‑102
Definitions and index of definitions 4‑7‑103
Relation of article to treaty or statute 4‑7‑104
Negotiable and nonnegotiable document of title 4‑7‑105
Reissuance in alternative medium 4‑7‑106
Control of electronic document of title 4‑7‑201
Person that may issue a warehouse receipt - storage under bond 4‑7‑202
Form of warehouse receipt - effect of omission 4‑7‑203
Liability for nonreceipt or misdescription 4‑7‑204
Duty of care - contractual limitation of warehouse’s liability 4‑7‑205
Title under warehouse receipt defeated in certain cases 4‑7‑206
Termination of storage at warehouse’s option 4‑7‑207
Goods must be kept separate - fungible goods 4‑7‑208
Altered warehouse receipts 4‑7‑209
Lien of warehouse 4‑7‑210
Enforcement of warehouse’s lien 4‑7‑301
Liability for nonreceipt or misdescription - “said to contain” - “shipper’s weight, load, and count” - improper handling 4‑7‑302
Through bills of lading and similar documents of title 4‑7‑303
Diversion - reconsignment - change of instructions 4‑7‑304
Tangible bills of lading in a set 4‑7‑305
Destination bills 4‑7‑306
Altered bills of lading 4‑7‑307
Lien of carrier 4‑7‑308
Enforcement of carrier’s lien 4‑7‑309
Duty of care - contractual limitation of carrier’s liability 4‑7‑401
Irregularities in issue of receipt or bill or conduct of issuer 4‑7‑402
Duplicate document of title - overissue 4‑7‑403
Obligation of bailee to deliver - excuse 4‑7‑404
No liability for good-faith delivery pursuant to document of title 4‑7‑501
Form of negotiation and requirements of due negotiation 4‑7‑502
Rights acquired by due negotiation 4‑7‑503
Document of title to goods defeated in certain cases 4‑7‑504
Rights acquired in absence of due negotiation - effect of diversion - stoppage of delivery 4‑7‑505
Indorser not guarantor for other parties 4‑7‑506
Delivery without indorsement - right to compel indorsement 4‑7‑507
Warranties on negotiation or delivery of document of title 4‑7‑508
Warranties of collecting bank as to documents of title 4‑7‑509
Adequate compliance with commercial contract 4‑7‑601
Lost, stolen, or destroyed documents of title 4‑7‑602
Attachment of goods covered by negotiable document of title 4‑7‑603
Conflicting claims - interpleader 4‑7‑701
Effective date 4‑7‑702
Applicability 4‑7‑703
Saving clause
Green check means up to date. Up to date

Current through Fall 2024

§ 4-7-301’s source at colorado​.gov