49 U.S.C. § 80107 — Warranties and liability
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- (a)General RuleUnless a contrary intention appears, a person negotiating or transferring a bill of lading for value warrants that—
- (1)the bill is genuine;
- (2)the person has the right to transfer the bill and the title to the goods described in the bill;
- (3)the person does not know of a fact that would affect the validity or worth of the bill; and
- (4)the goods are merchantable or fit for a particular purpose when merchantability or fitness would have been implied if the agreement of the parties had been to transfer the goods without a bill of lading.
- (b)Security for DebtA person holding a bill of lading as security for a debt and in good faith demanding or receiving payment of the debt from another person does not warrant by the demand or receipt—
- (c)DuplicatesA common carrier issuing a bill of lading, on the face of which is the word “duplicate” or another word indicating that the bill is not an original bill, is liable the same as a person that represents and warrants that the bill is an accurate copy of an original bill properly issued. The carrier is not otherwise liable under the bill.
- (d)Indorser LiabilityIndorsement of a bill of lading does not make the indorser liable for failure of the common carrier or a previous indorser to fulfill its obligations.