Rule 21 – Use of Carrier’s Equipment |
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Publication Date: 01/07/2005 |
Effective Date: 01/23/2005 unless specified otherwise |
Through Date: |
Expiration Date: |
Amendment Code: C |
Special Use Number: |
Request #: PASS |
A. GENERAL RULES:
1. Detention is applicable to Carrier's equipment when it is not in Carrier's possession.
2. Carrier will assess detention charges per day or fraction thereof at the rates listed if container is not on-carried or returned within the
allotted free time. Detention charges will be assessed on each calendar day or fraction thereof including weekends and holidays, excluding
date of sailing. A "Day" shall be such period of time commencing with the interchange of equipment and ending at 12:00 midnight, but in no
event shall extend for more than 24 hours. Each day thereafter begins at 12:00 midnight and ends 24 hours later at 12 midnight.
3. Where any Shipper, Consignee, or their Agent retains a container beyond thirty (30) days, the Carrier will have the right to retrieve the
equipment whether in a loaded or unloaded condition. Detention charges will remain for the account of the cargo.
4. With respect to application of this Rule, when the same container is unloading and reloading at the same location, each operation shall be
considered independent of the other.
5. In the event the Carrier establishes equipment pools, the detention applicable to equipment obtained from such pools shall be calculated in
accordance with provisions of this Rule until the equipment is returned to the Carrier's port terminal nearest to the equipment pool.
6. In the event the Shipper or Consignee, or their Agent is delinquent on demurrage or detention charges 30 days beyond the date of the
equipment's arrival at the port, the Shipper or Consignee shall, until such delinquency is removed, be subject to the following provisions:
a. Nassau only– Payments due, in excess of the 30 (thirty) day period will be considered to be delinquent. In the event of a delinquency,
credit privileges will be revoked. A cash bond of U.S. $500 (or other form of acceptable security) per container / trailer must be deposited
with the carrier’s authorized agent, to guarantee payment of anticipated demurrage / detention / storage, prior to the future release of carrier’s
equipment to the consignee.
7. Carrier reserves the right to refuse delivery of any container which has accrued storage/demurrage charges. A Consignee or their Authorized
Representative may contract for delivery or receive the cargo at Carrier's Terminal facility when the storage/demurrage obligations have been satisfied.
Should Consignee 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.
8. Carrier reserves the right to decline to furnish equipment for shipments of any cargo in instances where the Shipper or Consignee for such
shipments is holding Carrier's containers beyond the free time provided in this tariff, except where equipment held beyond the free time has been
made available by the Shipper or Consignee and the Carrier has been unable to provide a bogie/chassis to remove the equipment.
9. For the purposes of this rule, the term "equipment" shall be defined as trailers, containers, flat racks, chassis, component parts and/or bogies
and related equipment including, without limitation, tires, tubes, and refrigeration units, either as a unit or alone. In all cases the term "containers"
or "trailers" are interchangeable with the word and definition of "equipment".
10. Standard Equipment Interchange Agreement: The Carrier's Equipment Interchange Agreement is to be used with respect to interchange
of Carrier's equipment to Shipper's, Consignees, and their respective Agents. All storage and detention charges are without exception, pursuant
to the provision of this Rule.
11. A security deposit of $1000 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 known business. The security deposit will be held by the Carrier and shall be used
to cover detention expenses should the equipment fail to return in the allotted free period. Should the container be returned to the Carrier within the allotted
free period the Carrier will return the entire security deposit to the party that provided the security deposit. Should the container fail to return to the Carrier
within the allotted free period the Carrier will use the proceeds of the security deposit against any detention charges. Any funds remaining after settling the
detention charges will be returned to the party that provided the security deposit.
B. USE OF CARRIER'S EQUIPMENT WITHIN THE UNITED STATES AND CANADA
1. Free Time:
a. Loading -
i. Dry equipment/Flat Racks: Shipper or Agent will have a 7 calendar day period including weekends and holidays to load and return the equipment to Carrier's terminal.
Export shipments to Nassau and Freeport shall have a 10 calendar day period to load and return the equipment to Carrier's terminal.
ii. Refrigeration equipment shall have a 4 calendar day period to load and return the equipment. Export shipments from the Continental US to Nassau shall have a 5
calendar day period to load and return the equipment to Carrier's terminal. Export shipments from Puerto Rico with four (4) or more refrigerated containers shall have a 9
calendar day period to load and return the equipment to Carrier's terminal.
* Exception: Use of chassis in Canada - shipper shall have 2 free days to return chassis to Carrier's Terminal
b. Unloading -
c. Computing Time - Free time for loading begins day following the delivery of the equipment to the Shipper when the inland transportation isi. Dry equipment/Flat Racks: Consignee or Agent will have a 7 calendar day free period including weekends and holidays to unload and return the empty equipment to
Carrier's terminal, except for Puerto Rico who will have 10 calendar days including weekends and holidays to unload and return the empty equipment to Carrier's terminal.
Import shipments from Nassau shall have a 10 calendar day period to unload and return the empty equipment to Carrier's terminal.
ii. Refrigerated equipment shall have a 5 calendar day free period to to unload and return the empty equipment to Carrier's terminal. Except for San Juan who will be granted 10 calendar days free period to unload and return the empty equipment to Carrier's terminal.
provided by the Carrier, or day following release of the equipment to Shipper's inland trucker. Free time ends when the equipment is returned to
Carrier's terminal or when equipment is picked up by Carrier's inland trucker.
* Exception: Use of chassis in Canada - shipper shall have 2 free days to return chassis to Carrier's Terminal
2. Detention Charges: For equipment held beyond the Free Time stipulated above the following detention charges will apply.
a. Puerto Rico -
i. Dry equipment/Flat racks: $20 per day per piece of equipment for days 1 to 10 and $50 per day per piece of equipment
held beyond 14 days.
ii. Refrigerated equipment: $100 per day per piece of equipment for days 1 to 10 and $200 per day per piece of equipment
held beyond 14 days.
b. Canada
i. Chassis $35 per day per chassis.
c. Continental United States: Reserved for future use.
C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS
1. Free Time:
a. Unloading - Consignee will have the following calendar days free period to unload and return the equipment to the Carrier's facility commencing 8:00 a.m. the day
after vessel arrival.
St Maarten
Dry Container/Trailers
10 Calendar Days
Refrigerated Containers/Tanks
3 Calendar Days
St Kitts
Dry Container/Trailers
5 Calendar Days
Refrigerated Containers/Tanks
5 Calendar Days
St Lucia
Dry Container/Trailers
13 Calendar Days
Refrigerated Containers/Tanks
7 Calendar Days
Anguilla
Dry Container/Trailers
5 Calendar Days
Refrigerated Containers/
6 Calendar Days
Tank Container
3 Calendar Days
Nassau
Dry Container/Trailers
10 Calendar Days
Refrigerated Containers/Tanks
5 Calendar Days
Chassis (Used for Handling of Shipper Owned Containers)
10 Calendar Days
Turks & Caicos: Grand Turks, Providenciales
Dry Container/Trailers
10 Calendar Days
Refrigerated Containers/Tanks
5 Calendar Days
Grand Cayman, Cayman Islands
Dry Containers
14 Calendar Days
Refrigerated Containers
14 Calendar Days
Marsh Harbour, Bahamas (A)
Dry Container/Trailers
1 Calendar Days (A) Effective 1/23/2005
Refrigerated Containers/Tanks
1 Calendar Days (A) Effective 1/23/2005
Bahamas: Long Island, San Salvador, Exuma, Little San Salvador , El Salvador , Cat Island
Dry Container/Trailers
10 Calendar Days
Refrigerated Containers/Tanks
5 Calendar Days
Chassis (Used for Shipper owned/leased containers)
10 Calendar Days
All Other Non- U.S. Ports
Dry Container/Trailers
5 Calendar Days
Refrigerated Containers/Tanks
3 Calendar Days
b. Loading - Shipper or their Agent will have a 5-day free period for dry equipment, and a 3-day free period for refrigerated or tank containers to load and return the equipment to Carrier's facility, commencing on the date following dispatch to the Shipper or Agent.
2. Detention Charges: Container Not in Carrier's Possession
All Ports Not Otherwise Specified |
Christmas Trees in Refrigerated Containers |
When Free Time exceeded |
$50.00 per day |
Bahamas: Nassau Bahamas: Long Island, San Salvador, Exuma, Little San Salvador, El Salvador, Cat Island |
Dry Container/Trailer |
When Free Time exceeded |
$20.00 per day |
Refrigerated Container/Tank |
$50.00 per day |
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Chassis (Used for Handling Shipper Owned Containers) |
$5.00 per day |
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Turks & Caicos |
Dry Containers |
When Free Time exceeded |
$25 per day up to 20 days $50 per day >20 days |
Refrigerated Container |
$50 per day up to 10 days $100 per day >10 days |
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Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
$50 per day up to 20 days $100 per day >20 days |
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Marsh Harbour, Bahamas (A) |
Dry Container/Trailers |
When Free Time exceeded |
$15.00 per day $1000 per day (A) Eff 01/23/2005 (C) |
Refrigerated Container |
$60.00 per day $1000 per day (A) Eff 01/23/2005 (C)
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Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
$60.00 per day $1000 per day (A) Eff 01/10/2005
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Cayman Islands |
Dry Container |
When Free Time exceeded |
$20 per day up to 7 days $40 per day >7 days |
Refrigerated Container |
$60 per day up to 7 days $100 per day >7 days |
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Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
$60 per day up to 7 days $120 per day >7 days |
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Puerto Plata, Dominica Republic |
Dry Containers |
When Free Time exceeded |
$25.00 per day |
Refrigerated Container |
$125.00 per day |
Nassau Only – Storage Charges:
Warehouse storage charges shall be imposed upon the expiration of free time.
A. Less than container load cargo (LCL): $5.00 per cubic ton, per week (or fraction thereof)
B. Autos / Non Commercial Trucks: $20.00 per week (or fraction thereof)
C. Commercial Vehicles: $50.00 per week (or fraction thereof)
D. Full Container loads stripped and placed in warehouse; same charge as detention.
Nassau Only – Computing Time:
A. Inbound Loads: First 8:00 A.M. following complete discharge of vessel or arrival of trailer(s) at destination terminal.
B. Outbound Loads: First 8:00A.M. following removal of trailer(s) from Carrier’s premises.