Standard Club has warned Members they should be aware that, for shipments of cargo to Senegal, carriers might be unable to rely on their bill of lading terms against the named consignee.
The Club has been advised by its local correspondents that bill of lading terms would not automatically apply to local receivers, unless it could be proven that the consignee had expressly agreed to them. The Club said that this was “a difficult burden to satisfy”.
The local courts in Senegal have been taking a strict approach, the correspondents said. They would typically require a clear and express written agreement to the bill of lading terms from the receivers. It has not been enough to argue that the receivers had tacitly agreed to the reverse terms simply by accepting and using the bill of lading.
Standard Club recommended that Members make a point to provide receivers with a full copy of their bill of lading terms, and also that members request a clear an unambiguous acceptance of these terms.