Definitional Cross References: of Section 1201. ‘Bill lading’. Section 7102. ‘Carrier’. Section 1201. ‘Creditor’. Section 1201. ‘Delivery’. Section 1201. [7102] ‘Good faith’. Section 7102. ‘Goods’. Section 1202. ‘Notification’. Section 1202. ‘Notifies’. Section 1201. ‘Person’. Section 1201. ‘Purchaser’. Section 1201. ‘Rights’. Section 1201. ‘Term’. Section 367309. (a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages may be limited by a term in a bill of lading or in a transportation agreement that the liability may not exceed carrier’s a value stated in the bill if the rates are dependent upon carrier’s value and the consignor is afforded an opportunity to declare a higher value and the cosignor is advised of the opportunity. However, such a limitation is effective with respect to the carrier’s liability for conversion to its own use. (c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement. OFFICIAL COMMENT Prior Uniform Statutory Provision: Former Section 7309. Changes: References to tariffs eliminated because of deregulation, adding reference to transportation agreements, and for style. Purposes:
Definitional Cross References: ‘Bill of lading’. Section 1201. ‘Carrier’. Section 7102. ‘Creditor’. Section 1201. ‘Delivery’. Section 1201. ‘Good faith’. Section 1201. [7102] ‘Goods’. Section 7102. ‘Notification’. Section 1202. ‘Notifies’. Section 1202. ‘Person’. Section 1201. ‘Purchaser’. Section 1201. ‘Rights’. Section 1201. ‘Term’. Section 1201. Section 367309. (a) A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence. (b) Damages may be limited by a term in a bill of lading or in a transportation agreement that the carrier’s liability may not exceed a value stated in the bill if the carrier’s rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the cosignor is advised of the opportunity. However, such a limitation is effective with respect to the carrier’s liability for conversion to its own use. (c) Reasonable provisions as to the time and manner of presenting claims and commencing actions based on the shipment may be included in a bill of lading or a transportation agreement. OFFICIAL COMMENT Prior Uniform Statutory Provision: Former Section 7309. Changes: References to tariffs eliminated because of deregulation, adding reference to transportation agreements, and for style. Purposes:
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