Section 57A-7-101 – Short title.

57A-7-101. Short title. This chapter may be cited as Uniform Commercial Code-Documents of Title. Source: SL 2009, ch 254, §7-101.

Section 57A-7-102 – Definitions and index of definitions.

57A-7-102. Definitions and index of definitions. (a) In this chapter, unless the context otherwise requires: (1)”Bailee” means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. (2)”Carrier” means a person that issues a bill of lading. (3)”Consignee” means a person […]

Section 57A-7-103 – Relation of chapter to treaty or statute.

57A-7-103.Relation of chapter to treaty or statute. (a) This chapter is subject to any treaty or statute of the United States or a regulatory statute of this state to the extent the treaty, statute, or regulatory statute is applicable. (b) This chapter does not repeal or modify any law prescribing the form or contents of […]

Section 57A-7-104 – Negotiable and nonnegotiable document of title.

57A-7-104. Negotiable and nonnegotiable document of title. (a) A document of title is negotiable if by its terms the goods are to be delivered to bearer or to the order of a named person. (b) A document of title other than one described in subsection (a) is nonnegotiable. A bill of lading that states that […]

Section 57A-7-105 – Reissuance in alternative medium.

57A-7-105. Reissuance in alternative medium. (a) Upon request of a person entitled under an electronic document of title, the issuer of the electronic document may issue a tangible document of title as a substitute for the electronic document if: (1)The person entitled under the electronic document surrenders control of the document to the issuer; and […]

Section 57A-7-106 – Control of electronic document of title.

57A-7-106. Control of electronic document of title. (a) A person has control of an electronic document of title if a system employed for evidencing the transfer of interests in the electronic document reliably establishes that person as the person to which the electronic document was issued or transferred. (b) A system satisfies subsection (a), and […]

Section 57A-7-201 – Person that may issue a warehouse receipt–Storage under bond.

57A-7-201. Person that may issue a warehouse receipt–Storage under bond. (a) A warehouse receipt may be issued by any warehouse. (b) If goods, including distilled spirits and agricultural commodities, are stored under a statute requiring a bond against withdrawal or a license for the issuance of receipts in the nature of warehouse receipts, a receipt […]

Section 57A-7-202 – Form of warehouse receipt–Effect of omission.

57A-7-202. Form of warehouse receipt–Effect of omission. (a) A warehouse receipt need not be in any particular form. (b) Unless a warehouse receipt provides for each of the following, the warehouse is liable for damages caused to a person injured by its omission: (1)The location of the warehouse facility where the goods are stored; (2)The […]

Section 57A-7-203 – Liability for nonreceipt or misdescription.

57A-7-203. Liability for nonreceipt or misdescription. A party to or purchaser for value in good faith of a document of title, other than a bill of lading, that relies upon the description of the goods in the document may recover from the issuer damages caused by the nonreceipt or misdescription of the goods, except to […]

Section 57A-7-204 – Duty of care–Contractual limitation of warehouse’s liability.

57A-7-204. Duty of care–Contractual limitation of warehouse’s liability. (a) A warehouse is liable for damages for loss of or injury to the goods caused by its failure to exercise care with regard to the goods that a reasonably careful person would exercise under similar circumstances. However, unless otherwise agreed, the warehouse is not liable for […]

Section 57A-7-205 – Title under warehouse receipt defeated in certain cases.

57A-7-205. Title under warehouse receipt defeated in certain cases. A buyer in ordinary course of business of fungible goods sold and delivered by a warehouse that is also in the business of buying and selling such goods takes the goods free of any claim under a warehouse receipt even if the receipt is negotiable and […]

Section 57A-7-206 – Termination of storage at warehouse’s option.

57A-7-206. Termination of storage at warehouse’s option. (a) A warehouse, by giving notice to the person on whose account the goods are held and any other person known to claim an interest in the goods, may require payment of any charges and removal of the goods from the warehouse at the termination of the period […]

Section 57A-7-207 – Goods to be kept separate–Fungible goods.

57A-7-207. Goods to be kept separate–Fungible goods. (a) Unless the warehouse receipt provides otherwise, a warehouse shall keep separate the goods covered by each receipt so as to permit at all times identification and delivery of those goods. However, different lots of fungible goods may be commingled. (b) If different lots of fungible goods are […]

Section 57A-7-208 – Altered warehouse receipts.

57A-7-208. Altered warehouse receipts. If a blank in a negotiable tangible warehouse receipt has been filled in without authority, a good faith purchaser for value and without notice of the lack of authority may treat the insertion as authorized. Any other unauthorized alteration leaves any tangible or electronic warehouse receipt enforceable against the issuer according […]

Section 57A-7-209 – Lien of warehouse.

57A-7-209. Lien of warehouse. (a) A warehouse has a lien against the bailor on the goods covered by a warehouse receipt or storage agreement or on the proceeds thereof in its possession for charges for storage or transportation, including demurrage and terminal charges, insurance, labor, or other charges, present or future, in relation to the […]

Section 57A-7-210 – Enforcement of warehouse’s lien.

57A-7-210. Enforcement of warehouse’s lien. (a) Except as otherwise provided in subsection (b), a warehouse’s lien may be enforced by public or private sale of the goods, in bulk or in packages, at any time or place and on any terms that are commercially reasonable, after notifying all persons known to claim an interest in […]

Section 57A-7-301 – Liability for nonreceipt or misdescription–"Said to contain"–"Shipper’s weight, load, and count"–Improper handling.

57A-7-301. Liability for nonreceipt or misdescription–“Said to contain”–“Shipper’s weight, load, and count”–Improper handling. (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 […]

Section 57A-7-302 – Through bills of lading and similar documents of title.

57A-7-302. Through bills of lading and similar documents of title. (a) The issuer of a through bill of lading or other document of title embodying an undertaking to be performed in part by a person acting as its agent or by a performing carrier is liable to any person entitled to recover on the document […]

Section 57A-7-303 – Diversion–Reconsignment–Change of instructions.

57A-7-303. Diversion–Reconsignment–Change of instructions. (a) Unless the bill of lading otherwise provides, a carrier may deliver the goods to a person or destination other than that stated in the bill or may otherwise dispose of the goods, without liability for misdelivery, on instructions from: (1)The holder of a negotiable bill; (2)The consignor on a nonnegotiable […]

Section 57A-7-304 – Tangible bills of lading in a set.

57A-7-304. Tangible bills of lading in a set. (a) Except as customary in international transportation, a tangible bill of lading may not be issued in a set of parts. The issuer is liable for damages caused by violation of this subsection. (b) If a tangible bill of lading is lawfully issued in a set of […]