2006 New York Code - Special Provisions

 
  Section 7--309. Duty   of  Care;  Contractual  Limitation  of  Carrier's
                    Liability.
    (1) A carrier who issues  a  bill  of  lading  whether  negotiable  or
  non-negotiable must exercise the degree of care in relation to the goods
  which  a reasonably careful man would exercise under like circumstances.
  This subsection does not repeal or change any law or rule of  law  which
  imposes  liability  upon  a common carrier for damages not caused by its
  negligence.
    (2) Damages may be limited by a provision that the carrier's liability
  shall not exceed a value stated in the document if the  carrier's  rates
  are  dependent  upon  value and the consignor by the carrier's tariff is
  afforded an opportunity to declare a higher value or a value as lawfully
  provided in the tariff, or where no tariff  is  filed  he  is  otherwise
  advised  of  such  opportunity; but no such limitation is 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 instituting actions based on the shipment may be included in
  a bill of lading or tariff.