Standard Club released a statement advising its members to be alert when shipping cargoes to Senegal. The Club highlights that there’s a possibility that carriers won’t be able to rely on their bill of lading terms against the named consignee.
Specifically, the Club reported that its local correspondents informed them that bill of lading terms will not automatically apply to local receivers. It will only be applied when proven that the consignee has agreed to them.
Yet, Standard Club commented that this is a difficult burden to satisfy.
Moreover, Senegal’s local courts maintain a strict approach.
Typically, the local courts require a clear and express written agreement to the bill of lading terms from the receivers. It is not acceptable to argue that receivers had tacitly agreed to the reverse terms simply by accepting and using the bill of lading.
Concluding, Standard Club recommends its members to surely 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.
