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Demand For Indemnity From Shipper-Misdescription Liability
DEMAND FOR INDEMNITY FROM SHIPPER-MISDESCRIPTION LIABILITY
Date: [Date of notice]
[First Name of person being notified] [Last Name of person being notified]
[Title of person being notified]
[Company of person being notified]
[Address of person being notified]
[City of person being notified], [State of person being notified]
[Zip Code of person being notified]
Dear [Mr./Mrs.] [Last Name of person being notified]:
On [Date of delivery], you delivered to our office at [Destination Address] certain goods for shipment to [Destination]. These goods were accepted for shipment by us, and our negotiable bill of lading no. [Bill of lading Number] was issued to you for the goods. On the basis of the information you supplied us, the goods were described in the bill of lading as [Description in bill]. This information was false, but we neither knew nor had reason to know that it was false.
In consequence of your false statement, [Name of person suing], of [Address of person suing], a subsequent holder of the bill of lading, brought suit against us in Court, [Name of Court] Term, No. [Term Number], of [Term date]. In that litigation it was held that, under [Citation of local enactment of UCC $ 7-301], we were liable in our capacity as carrier and as issuer of such bill of lading for the misdescription in such bill of the goods represented thereby. As a consequence of our having been held liable for your false statement, we have sustained damages itemized as follows:
[Description of damage 1].................. $ [Amount of damage 1]
[Description of damage 2].................. $ [Amount of damage 2]
[Description of damage 3].................. $ [Amount of damage 3]
Total......................................... $ [Amount of total damage]
As indemnity for this loss, as provided for in [Citation of local enactment of UCC 7-301 (5)], the prompt payment to us of the total amount of damages of $[Payment of damages] Dollars is demanded. If payment is not made by [date], this matter shall be referred to our attorney for prosecution.
Very truly yours,
Name of carrier
[signature of authorized officer]