                                 CODE OF VIRGINIA

LIABILITY FOR NONRECEIPT OR MISDESCRIPTION; &#8220;SAID TO CONTAIN&#8221;;
&#8220;SHIPPER&#8217;S LOAD AND COUNT&#8221;; IMPROPER HANDLING (§ 8.7-301)

1. A consignee of a nonnegotiable bill of lading who has given value in good
faith, or a holder to whom a negotiable bill has been duly negotiated, relying
upon the description therein of the goods, or upon the date therein shown, 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, as where the description is in
terms of marks or labels or kind, quantity, or condition or the receipt or
description is qualified by &#8220;contents or condition of contents of packages
unknown,&#8221; &#8220;said to contain,&#8221; &#8220;shipper&#8217;s weight,
load and count&#8221; or the like, if such indication be true.

2. When goods are loaded by an issuer of a bill of lading, the issuer must count
the packages of goods, if shipped in packages, and ascertain the kind and
quantity if shipped in bulk. In such cases &#8220;shipper&#8217;s weight, load
and count&#8221; or other words indicating that the description was made by the
shipper are ineffective except as to goods concealed by packages.

3. When bulk goods are loaded by a shipper who makes available to the issuer of
a bill of lading adequate facilities for weighing such goods, the issuer must
ascertain the kind and quantity within a reasonable time after receiving, in a
record, the shipper&#8217;s request to do so. In such cases
&#8220;shipper&#8217;s weight&#8221; or other words of like purport are
ineffective.

4. The issuer of a bill of lading, by inserting in the bill the words
&#8220;shipper&#8217;s weight, load and count&#8221; or other words of like
purport, may indicate that the goods were loaded by the shipper; and if such
statement is true, the issuer shall not be liable for damages caused by the
improper loading. However, their omission does not imply liability for such
damages.

5. The shipper shall be deemed 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 him; and the shipper shall indemnify the
issuer against damage caused by inaccuracies in such particulars. The right of
the issuer to such indemnity shall in no way limit his responsibility and
liability under the contract of carriage to any person other than the shipper.

HISTORY: 1964, c. 219; 2004, c. 200.