A. GENERAL RULES:  

1.    Demurrage is a per diem charge applicable to Shipper’s use of Carrier's equipment beyond the free time allowed under this Rule.  For purposes of this Rule 21, the term “Shipper” shall mean the Shipper, the Consignee or any person acting for or on behalf of the Shipper of Consignee. For purposes of this Rule 21, the term “equipment” shall mean 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. 

 
2.    Carrier will charge demurrage for each calendar day or fraction thereof including weekends and holidays, excluding date of loading or discharge at the rates set forth herein if Carrier’s equipment is not returned to Carrier within the allowed free time. For purposes of this Rule a "day" shall be such period of time commencing at 0800 the day after vessel discharge for import containers at destination and commencing at 0800 the day after container interchange to Shipper for export containers at origin. Each day or portion thereof shall end at 0800. Free time expires per the table below at which point daily per diem charges begin to accrue until the equipment is returned to Carrier's terminal or when equipment is picked up by Carrier's inland trucker.

 
3.    With respect to 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.

 
4.   In the event the Carrier establishes equipment pools, the demurrage 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.
 
5.    Where any Shipper has not returned equipment beyond thirty (30) calendar days, the Carrier will have the right to retrieve the equipment whether loaded or unloaded. Carrier will provide shipper/consignee as well as appropriate Governmental Authorities advance notice before taking such action. In such situation, all additional expenses incurred, such as trucking, handling, per diem demurrage, per diem storage, or disposal of cargo will be for the account of the Shipper.
 
Payment for all per diem storage charges is due upon presentation of invoices for charges accrued. Payment will be collected by the Carrier or authorized agent.

            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/chassis to guarantee payment of anticipated demurrage prior to the future release of any additional Carrier equipment to the Shipper will be collected.
 
6.    Carrier will refuse delivery of any equipment which has accrued demurrage charges for a period in excess of thirty (30) days until such demurrage charges have been paid. 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.

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

 
 
8.    Standard Equipment Interchange Agreement: The Carrier's Equipment Interchange Agreement is to be used with respect to interchange of Carrier's 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.

 
9.    A security deposit of $2000 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 and shall be used to cover demurrage expenses should the equipment fail to return in the applicable free time. Should the container be returned to the Carrier within the applicable free time the Carrier will return the entire security deposit 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 demurrage and other charges. Any funds remaining after settling these charges will be returned to the party that provided the security deposit.

10.  For equipment held beyond the Free Time, per diem charges for demurrage will apply as set forth below. Demurrage and Free time is calculated separately for each piece of equipment.

B. USE OF CARRIER'S EQUIPMENT WITHIN THE CONTINENTAL UNITED STATES, PUERTO RICO AND CANADA

1. Free Time:

         a. Origin Free Time:

 
                i. Dry Equipment:

                        a. General Rule: Shipper shall have seven (7) calendar days from the day it receives the Equipment to load and return the equipment to Carrier or Carrier’s agent.

 
                        b. Shipper from the Continental U.S. to Nassau and Freeport shall have ten (10) calendar days from the day it receives the Equipment to load and return the equipment to Carrier or Carrier’s agent.
 
                ii. Refrigerated equipment:

                        a. General Rule: Shipper shall have four (4) calendar days from the day it receives the Equipment to load and return the equipment to Carrier or Carrier’s agent.

                        b. Shipper from the Continental U.S. to Nassau shall have five (5) calendar days from the day it receives the Equipment to load and return the equipment to Carrier's to Carrier’s agent

                        c. Shipper from Puerto Rico that ships four (4) or more refrigerated containers under a single bill of lading shall have nine (9) calendar days from the day it receives the Equipment to load and return the equipment to Carrier or to carrier’s agent.
       

                iii. Exception: Use of chassis in Canada: Shipper shall have two (2) calendar days to return chassis to Carrier or Carrier’s agent.  

       b. Destination Free Time

 
            i. Dry equipment:

                    a. General Rule: Shipper will have seven (7) calendar days from the day after the vessel is discharged at the port of discharge to pick up, unload and return the  equipment empty to Carrier or Carrier’s agent.

                    b. Shippers in Puerto Rico will have ten (10) calendar days from the day after the vessel is discharged at the port of discharge to pick up, unload and return the equipment empty to Carrier's terminal.
                    
            ii. Refrigerated equipment:

                    a. General Rule: Shippers shall have five (5) calendar days from the day after the vessel is discharged at the port of discharge to pick up, to unload and return the  equipment empty to Carrier's terminal.

                    b. Shippers in San Juan shall have ten (10) calendar days from the day after the vessel is discharged at the port of discharge to pick up, to unload and return the empty equipment to Carrier's terminal.

2.  Demurrage Charges upon expiration of Free Time:
            a. Puerto Rico -
                          i. Dry Equipment: $20 per each day in excess of the free time per piece of equipment for days 1 to 10 and $50 / day per piece of equipment for each day the Equipment is held 11 days and beyond.

                         ii. Refrigerated equipment: $100 / day each day in excess of the free time per piece of equipment for days 1 to 10 and $200/ day for each day the Equipment is held 11 days and beyond.

            b. Canada
                         i. Chassis $35 / day per chassis.

 

 
C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS EXCEPT CANADA

 
1.  Foreign Destination Free Time General Rule:  
Shippers will have the following calendar days to pick up, unload and return the equipment empty to the Carrier's facility commencing 0800am hours following complete discharge of the vessel.

a. Foreign Destination Free Time and Demurrage Charges: 

Exception: Demurrage Charges are not applicable on cargo to/from Free Zone in Dominican Republic

2. Foreign Origin Free Time General Rule:

Shipper will have five (5) calendar days for dry equipment, and three (3) calendar days for refrigerated or tank containers from the date an empty container is received by it or its agent, to load and return the equipment to Carrier's facility, commencing on the date following interchange to the Shipper or its Agent.

Exception: Shippers in Nassau shall have ten (10) calendar days from the day after the vessel is discharged at the port of discharge to pick up, unload and return the equipment empty to Carrier's terminal.