Page:United States Statutes at Large Volume 77.djvu/759

 77 STAT. ]

PUBLIC LAW 88-243-DEC. 30, 1963

tariff is afforded an opportunity to declare a higher value or a value as lawfully provided in the tariff, or where no tariff is filed he is otherwise advised of such opportunity; but no such limitation is effective with respect to the carrier's liability for conversion to its own use. (3) Reasonable provisions as to the time and manner of presenting claims and instituting actions based on the shipment may be included in a bill of lading or tariff. PART 4—WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS §28:7—401. Iregularities in issue of receipt or bill or conduct of issuer The obligations imposed by this article on an issuer apply to a docujnent of title regardless of the fact that (a) the document may not comply with the requirements of this article or of any other law or regulation regarding its issue, form or content; or (b) the issuer may have violated laws regulating the conduct of his business; or (c) the goods covered by the document were owned by the bailee at the time the document was issued; or (d) the person issuing the document does not come within the I definition of warehouseman if it purports to be a warehouse receipt. §28:7—402. Duplicate receipt or bill; overissue Neither a duplicate nor any other document of title purporting to cover goods already represented by an outstanding document of the same issuer confers any right in the goods, except as provided in the case of bills in a set, overissue of documents for fungible goods and substitutes for lost, stolen or destroyed documents. But the issuer is - liable for damages caused by his overissue or failure to identify a duplicate document as such by conspicuous notation on its face. §28:7—403. Obligation of warehouseman or carrier to deliver; excuse (1) The bailee must deliver the goods to a person entitled under the document who complies with subsections (2) and (3), unless and to the extent that the bailee establishes any of the following: (a) delivery of the goods to a person whose receipt was rightful as against the claimant; (b) damage to or delay, loss or destruction of the goods for which the bailee is not liable; (c) previous sale or other disposition of the goods in lawful enforcement of a lien or on warehouseman's lawful termination of storage; (d) the exercise by a seller of his right to stop delivery pursuant to the provisions of the article on sales (section 28:2— '^05); . . (e) a diversion, reconsignment or other disposition pursuant to the provisions of this article (section 28:7—303) or tariff regulating such right; (f) release, satisfaction or any other fact affording a personal defense against the claimant; (g) any other lawful excuse. (2) A person claiming goods covered by a document of title must satisfy the bailee's lien where the bailee so requests or where the bailee is prohibited by law from delivering the goods until the charges are paid.

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