Rule 8.0: Detention/Demurrage (C) 

 

Publication Date: 11/01/2019

Effective Date: 12/01/2019 (Unless otherwise indicated)

Through Date:

Expiration Date:

Amendment Code: C

Special Use Number:

Request #:  JACBROD530 Revision:

 

  

A. GENERAL RULES:  
 

1. For the purpose of this rule, the term “Shipper” shall mean the Shipper, the Consignee or any person acting for or on behalf of the Shipper or Consignee. For the purpose of this rule, the term “Equipment” shall mean containers (dry & refrigerated), trailers (dry & refrigerated), specialized equipment (flat racks, flat beds, platforms, open tops, tanks and equipment not otherwise specified herein), chassis to include component parts and/or bogies and related equipment including, without limitation, tires, tubes, wheels and refrigeration units either as a unit or alone. 

 

A. DEMURRAGE - Carrier’s Charges within North America (C) Effective 12/01/2019
 

Demurrage is defined as: Equipment remaining on port facilities beyond an agreed period of time (Free Time). When equipment is incurring demurrage, the equipment is in the Carrier’s possession. Demurrage is a per diem charge applicable to both Carrier and Shipper owned equipment. Demurrage applies for each calendar day including weekends and holidays.

 

• Import shipments: the first “day” starts the next calendar day after vessel discharge.
• Export shipments: the first “day” starts the next calendar day after the equipment has been interchanged into the Carrier’s facility per the Carrier’s Equipment Interchange Agreement which is to be used with respect to interchange of both Carrier’s and Shipper owned equipment to Shippers, Consignees and their respective Agents. All Demurrage charges or other charges not governed by this rule shall be covered by the
provisions of the Equipment Interchange Agreement.

 

Should a container that is booked and tendered to the Carrier for a particular voyage be held in the Port of Palm Beach for a subsequent voyage at Carrier's discretion (Rolled Cargo) the demurrage clock will be stopped based on the original intended sail date.

 

Free Time is defined as: An agreed period of time equipment can remain at the Carrier’s terminal prior to sailing or after discharge. Equipment remaining at the Carrier’s designated terminal beyond the Free Time for any reason other than Carrier’s discretion will incur demurrage charges.

 

Free Time is calculated separately for each piece of equipment.   Free time applies per the tables below. Upon expiration of Free Time demurrage charges will accrue daily. Equipment placed on hold by any Governmental Agency shall receive additional Free Time commensurate with the Government hold, not to exceed 7 days.

 

When the same equipment is utilized by the same Shipper to and from the same location, origin and destination free time shall be calculated on each individual shipment. 

 

Payment for all charges accrued is due upon presentation of invoices. Payment will be collected by the Carrier or authorized agent. 

 

Carrier will refuse delivery of any equipment that has accrued demurrage charges for a period in excess of thirty (30) days until such charges have been paid. Should account wish to receive the cargo at the Carrier’s terminal facility, the applicable handling rate will apply in addition to all other rates and charges herein.  Cargo owner will still be responsible for payment of all outstanding charges including but not limited to demurrage charges.

Unless otherwise agreed in a confidential service agreement, in the event a Shipper or Consignee has failed to pay demurrage charges within 30 days of the date of any invoice for demurrage, Carrier may refuse to allow the Customer to remove the equipment from the marine terminal at which the equipment was discharged. Cargo Owner may arrange to take possession of the cargo at the marine terminal by unloading it from the equipment, subject to payment in cash at that time. Payment of all charges applicable for stripping and stuffing must be made to the Carrier or authorized agent prior to taking possession of the cargo.

 

DEMURRAGE WITHIN NORTH AMERICA

 

IMPORTS and EXPORTS

FREETIME

EQUIPMENT

SIZE

CHARGE

NOTES

Continental United States

 

7 Calendar Days

General Dry Equipment

All

$85.00

Equipment placed on hold by any Governmental Agency  shall have additional Free Time commensurate with the Government hold but not to exceed 7 days.

7 Calendar Days

Refrigerated Equipment

All

$195.00

7 Calendar Days

Specialized Equipment

All

$195.00

  

Detention/Demurrage (Use of Carrier’s Equipment) Within the USVI:

IMPORTS

FREETIME

EQUIPMENT TYPE

EQUIPMENT SIZE

CHARGE

  

 

St. Thomas and St. Croix

 

 

7 Calendar Days

General Dry Equipment and Special Equipment

All

$30 per day up to 20 days

$60 per day thereafter

5 Calendar Days Refrigerated Equipment

All

 

$110 per day up to 20 days 

$210 per day thereafter

7 Calendar Days

N/A

Motor Vehicles or Boats less than 700 CFT

Motor Vehicles or Boats 700 CFT or greater

$20 per day

$30 per day

 

 

St. John 

10 Calendar Days

General Dry Equipment and Special Equipment

All

$30 per day up to 20 days 

$60 per day thereafter

8 Calendar Days

Refrigerated Equipment

All

$110 per day up to 20 days 

$210 per day thereafter

 

EXPORTS

FREETIME

EQUPMENT TYPE

EQUIPMENT SIZE

CHARGE

  

St, Thomas

St. John

St. Croix

7 Calendar Days

General Dry Equipment and Special Equipment

All

$30 per day up to 14 days 

$60 per day thereafter

5 Calendar Days Refrigerated Equipment All

$110 per day up to 14 days  

$210 per day thereafter

7 Calendar Days

N/A

Motor Vehicles or Boats less than 700 CFT

Motor Vehicles or Boats 700 CFT or greater

$20 per day

$30 per day

 * Not applicable to St. John

 

B. DETENTION

 

Detention is defined as: Carrier's Equipment detained beyond an agreed period of time. When equipment is incurring detention, the equipment is not in the Carrier’s possession.  Detention is a per diem charge applicable to Shipper’s use of Carrier’s equipment beyond the allotted free time.

 

Carrier will charge Detention charges for each calendar day including weekends and holidays if equipment is not returned to Carrier within the allowed free time.

• Import shipments: the first “day” starts the next calendar day after vessel discharge;
• Export shipments: the first “day” starts the next calendar day after the equipment has been interchanged out from the Carrier’s facility per the Carrier’s Equipment Interchange Agreement which is to be used with respect to interchange of Carrier’s equipment to Shippers, Consignees and their respective Agents. All detention charges or other charges not governed by this rule shall be covered by the provisions of the Equipment Interchange Agreement.


Free Time is defined as: An agreed period of time a shipper has for container pick up, unload or load and return of equipment to Carrier or Carrier’s Agent.  Free time expires per the tables below at which point daily charges will accrue until the equipment is returned to Carrier or Carrier’s Agent.
Free Time is calculated separately for each piece of equipment.  


With respect to the application of this Rule, when the same equipment is utilized for shipments by the same Shipper to and from the same location, origin and destination free time shall be calculated on the basis of each being a distinct shipment. 

In the event the equipment has not been returned within 30 calendar days, the Carrier will have the right to retrieve the equipment whether loaded or unloaded. Carrier provides Shipper/Consignee as well as appropriate Governmental Authorities advance notice before taking such action. In such situations, all additional expense incurred such as trucking, handling, detention/demurrage charges, storage or disposal of cargo will be for the account of the cargo.

 

In the event the Carrier establishes equipment pools, the detention applicable to equipment obtained from such pools shall be calculated in accordance with the provisions of this Rule until the equipment is returned to the Carrier’s port terminal nearest to the equipment pool.   

Payment for all charges is due upon presentation of invoices for charges accrued. Payment will be collected by the Carrier or authorized agent. 


Carrier will refuse delivery of any equipment which has accrued detention charges for a period in excess of thirty (30) days until such charges have been paid.
Should account wish to receive the cargo at the Carrier’s terminal facility, the applicable handling rate will apply in addition to all other rates and charges herein.  Cargo owner will still be responsible for payment of all outstanding charges including but not limited to detention charges.

Carrier will decline to furnish equipment for shipments of any cargo in instances where the account for such shipments is holding Carrier’s equipment beyond the free time provided except where the failure to return equipment during free time is caused by Carrier’s action or inaction. 

A security deposit of $2000.00 per container will be required at destination for all shipments of Christmas Trees moving in Carrier’s Equipment. The deposit can be made in cash, money order or business check of a Shipper who has met Carrier’s credit requirements. The security deposit will be held by the Carrier. Should the container be returned to the Carrier within the applicable free time in clean condition, the Carrier will return the entire security deposit to the party that provided the security deposit. Should the container be returned to the Carrier within the applicable free time in an unclean condition, the Carrier will return the security deposit less all other applicable charges provided for in Carrier’s tariff to the party that provided the security deposit.  Should the shipper fail to return the equipment to the Carrier within the applicable free time, the Carrier will use the proceeds of the security deposit to satisfy all accrued charges provided for in Carrier’s tariff.
 

Unless otherwise agreed in a confidential service agreement, in the event a Shipper or Consignee has failed to pay detention charges within 30 days of the date of any invoice for detention, Carrier may refuse to allow the Consignee to remove Carrier’s container from the marine terminal at which the container was discharged. Consignee may arrange to pickup the cargo in such container at the marine terminal by unloading it from Carrier’s container into consignee’s own container, subject to payment in cash of such charges as may be applicable at the marine terminal for such stripping and stuffing.

 

 

DETENTION (USE OF CARRIER EQUIPMENT) WITHIN CONTINENTAL USA

IMPORT

FREETIME

EQUIPMENT

SIZE

CHARGE

Continental United States

 

7 Calendar Days

General Dry Equipment

All

N/A

5 Calendar Days

Refrigerated Equipment

All

N/A

 

EXPORT

FREETIME

EQUIPMENT

SIZE

CHARGE

Continental United States

7 Calendar Days

General Dry Equipment

All

N/A

4 Calendar Days

Refrigerated Equipment

All

N/A

 

 

STORAGE CHARGES AT U.S. RAILROAD TERMINALS

Any additional charges incurred by Carrier from the Railroad named below due to cargo owner's failure to take delivery of loaded or empty equipment from the railroad (yard) after

the expiration of the railroad's allotted free time will be for the account of the cargo owner. The charges below are for storage of containers at the rail yard and are in addition to the

Carrier's detention/demurrage charges noted above.

Load/Discharge

Load/Discharge

Equipment Size/Type

Railroad

Charge after expiration of Railroad’s Free Time

All

All

All

All 1-7 Calendar days or fraction thereof: $200 per day
8+ Calendar days or fraction thereof and beyond: $500 per day

 

20’ NO MATE DWELL CHARGES AT U.S. RAILROAD TERMINALS

All 20-foot Containers are required to be loaded in pairs of two (2) when traveling via railroad. Any additional charges incurred by Carrier from any railroad due to a single 20’ container being

transported without a mate will be for the account of the cargo owner. The charges below are in addition to the Carrier's detention/demurrage charges noted above and all other charges listed herein.

Load/Discharge

Load/Discharge

Railroad

Charge

All

All

All

1-7 Calendar Days, or fraction thereof: $200 per day
8+ Calendar Days, or fraction thereof and beyond: $500 per day