Web Alert: Relying on bill of lading terms against cargo receivers in Senegal
12 March 2019
Members should be aware that for shipments of cargo to Senegal, carriers may be unable to rely on their bill of lading terms against the named consignee.
We have been advised by our local correspondents that bill of lading terms will not automatically apply to local receivers, unless it can be proven that the consignee has expressly agreed to them. This is a dfficult burden to satisfy.
The local courts in Senegal take quite a strict approach. They will typically require a clear and express written agreement to the bill of lading terms from the receivers. It is not enough to argue that the receivers had tacitly agreed to the reverse terms simply by accepting and using the bill of lading.
We would recommend that our 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.