United Video Buyers Ass'n v. North Penn Transfer, Inc.

Plaintiff, United Video Buyers Association (“UVB”), had an agreement with North Penn Transfer, Inc. (“NPT”) to ship video recorders on a “Collect on Delivery” (“C.O.D.”) basis. The eight bills of lading prepared by plaintiff failed to comply, however, with federal Rule of Freight Classification 190, which requires that the letters “C.O.D.” be affixed before the name of the consignee and remittance instructions be properly filled out, in default of which the consignor (in this case NPT) has no duty to accept the shipments on a C.O.D. basis. In this case, the bills of lading clearly noted that…