Ohio § 1307.301

§ 1307.301.

(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 other 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 other 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.