407.308(6)(6)The rights provided by this section are in addition to all other rights allowed by law to a creditor against a debtor.
407.308(7)(7)A carrier’s lien may be enforced pursuant to either sub. (1) or the procedure set forth in s. 407.210 (2).
407.308(8)(8)A carrier is liable for damages caused by failure to comply with the requirements for sale under this section and, in case of willful violation, is liable for conversion.
407.308 HistoryHistory: 2009 a. 322.
407.309407.309Duty of care; contractual limitation of carrier’s liability.
407.309(1)(1)A carrier that issues a bill of lading, whether negotiable or nonnegotiable, shall exercise the degree of care in relation to the goods which a reasonably careful person would exercise under similar circumstances. This subsection does not affect any statute, regulation, or rule of law that imposes liability upon a common carrier for damages not caused by its negligence.
407.309(2)(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.
407.309(3)(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.
407.309 HistoryHistory: 2009 a. 322.
subch. IV of ch. 407SUBCHAPTER IV
WAREHOUSE RECEIPTS AND BILLS OF LADING:
GENERAL OBLIGATIONS
407.401407.401Irregularities in issue of receipt or bill or conduct of issuer. The obligations imposed by this chapter on an issuer apply to a document of title even if any of the following are satisfied:
407.401(1)(1)The document does not comply with the requirements of this chapter or of any other statute, rule, or regulation regarding its issue, form, or content.
407.401(2)(2)The issuer violated laws regulating the conduct of its business.
407.401(3)(3)The goods covered by the document were owned by the bailee when the document was issued.
407.401(4)(4)The person issuing the document is not a warehouse but the document purports to be a warehouse receipt.
407.401 HistoryHistory: 2009 a. 322.
407.402407.402Duplicate document of title; overissue. A duplicate or any other document of title purporting to cover goods already represented by an outstanding document of the same issuer does not confer any right in the goods, except as provided in the case of tangible bills of lading in a set of parts, overissue of documents for fungible goods, substitutes for lost, stolen, or destroyed documents, or substitute documents issued pursuant to s. 407.105. The issuer is liable for damages caused by its overissue or failure to identify a duplicate document by a conspicuous notation.
407.402 HistoryHistory: 2009 a. 322.
407.403407.403Obligation of warehouse or carrier to deliver; excuse.
407.403(1)(1)A bailee shall deliver the goods to a person entitled under a document of title if the person complies with subs. (2) and (3), unless and to the extent that the bailee establishes any of the following:
407.403(1)(a)(a) Delivery of the goods to a person whose receipt was rightful as against the claimant.
407.403(1)(b)(b) Damage to or delay, loss, or destruction of the goods for which the bailee is not liable.
407.403(1)(c)(c) Previous sale or other disposition of the goods in lawful enforcement of a lien or on a warehouse’s lawful termination of storage.
407.403(1)(d)(d) The exercise by a seller of its right to stop delivery pursuant to s. 402.705 or by a lessor of its right to stop delivery pursuant to s. 411.526.
407.403(1)(e)(e) A diversion, reconsignment, or other disposition pursuant to s. 407.303.
407.403(1)(f)(f) Release, satisfaction, or any other fact affording a personal defense against the claimant.
407.403(1)(g)(g) Any other lawful excuse.
407.403(2)(2)A person claiming goods covered by a document of title shall satisfy the bailee’s lien if the bailee so requests or the bailee is prohibited by law from delivering the goods until the charges are paid.