Duty of care; contractual limitation of carrier’s liability.

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(2) Damages may be limited by a term in the bill of lading or in a transportation agreement that the carrier’s liability may not exceed a value stated in the bill or transportation agreement if the carrier’s rates are dependent upon value and the consignor is afforded an opportunity to declare a higher value and the consignor is advised of the opportunity. However, such a limitation is not 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 commencing actions based on the shipment may be included in a bill of lading or a transportation agreement. [1961 c.726 §77.3090; 2009 c.181 §72]

WAREHOUSE RECEIPTS AND BILLS OF LADING: GENERAL OBLIGATIONS


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