Rule 21 – Use of Carrier’s Equipment |
|
Publication Date: 04/07/2006 |
Effective Date: 05/07/2006 unless otherwise specified |
Through Date: |
Expiration Date: |
Amendment Code: A, C |
Special Use Number: |
Request #: KARLAND663 |
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 or 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, if Carrier’s
equipment is not returned to Carrier within the allowed free time. For purposes of this Rule the first "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. Free time expires per the tables in Sections B and C,
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. In the event the Shipper has not returned equipment within 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 situations, 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 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, USVI (A, C) Eff 04/23/2006 AND CANADA
ORIGIN PORT |
ORIGIN FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
Continental United States |
7 Calendar Days |
General Dry Equipment |
All General Dry Equipment |
Not Applicable |
4 Calendar Days |
Refrigerated Containers |
All Refrigerated Container |
Not Applicable |
|
Continental United States for cargo destined to Nassau or Freeport (E, C) Eff 04/26/206 |
10 Calendar Days |
General Dry Equipment |
All General Dry Equipment |
Not Applicable |
Continental United States for cargo destined to Nassau (E, C) Eff 04/26/2006 |
5 Calendar Days |
Refrigerated Containers |
All Refrigerated Containers |
Not Applicable |
Puerto Rico |
9 Calendar Days |
Refrigerated Containers |
4 or more Refrigerated Containers on a single bill of lading |
Not Applicable |
Canada |
2 Calendar Days |
Chassis |
Per Chassis |
$35 per day(E) Eff 05/07/2006 $60 per day (A) Eff 05/07/2006 |
USVI | 7 Calendar Days |
All Dry Containers |
All Dry Equipment |
$20 per day up to 14 days $50 per day >14 days |
All Trailers |
All Trailers |
$50 per day up to 14 days $100 per day > 14 days |
||
4 Calendar Days |
All Refrigerated Equipment |
All Refrigerated Equipment |
$100 per day up to 14 days $200 per day > 14 days |
USE OF CARRIER'S EQUIPMENT WITHIN THE CONTINENTAL UNITED STATES, PUERTO RICO, USVI (A, C) Eff 04/23/2006 AND CANADA
DESTINATION PORT |
DESTINATION FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
Continental US
|
7 Calendar Days |
General Dry Equipment |
All Dry Containers |
Not Applicable |
5 Calendar Days |
All Refrigerated Containers |
All Refrigerated Containers |
Not Applicable |
|
Puerto Rico
|
10 Calendar Days
|
General Dry Equipment |
All Dry Containers |
$20 per day $50 per day >20 days |
All Refrigerated Containers |
All Refrigerated Containers |
$100 per day $200 per day >20 days |
||
USVI |
7 Calendar Days |
Dry Equipment (C) |
Dry Equipment (C) |
$20 per day up to 14 days $50 per day >14 days |
5 Calendar Days |
Refrigerated Containers |
Per Refrigerated Containers |
$100 per day up to 14 days $200 per day >14 days |
C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS EXCEPT CANADA (A, C)
Eff 04/23/2006
FOREIGN ORIGIN PORTS |
FOREIGN ORIGIN FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
Bahamas: Nassau |
10 Calendar Days |
General Dry Containers |
All Dry Equipment |
Not Applicable |
3 Calendar Days |
All Refrigerated Containers |
All Refrigerated Equipment |
Not Applicable |
|
Bahamas: Freeport, Marsh Harbour, Family Islands |
5 Calendar Days |
General Dry Containers |
All Dry Equipment |
Not Applicable |
3 Calendar Days |
All Refrigerated Containers |
All Refrigerated Equipment |
Not Applicable |
|
5 Calendar Days |
Chassis (Used for Shipper owned/leased containers) |
All Chassis |
Not Applicable |
|
Cayman Islands |
5 Calendar Days |
All Dry Containers |
All Dry Equipment and Tanks |
Not Applicable |
3 Calendar Days |
All Refrigerated Containers and Tanks |
All Refrigerated Equipment |
Not Applicable |
|
Dominican Republic
Charges do not apply to cargo to/from Free Zone in the Dominican Republic
|
5 Calendar Days |
All Dry Containers |
All Dry Equipment |
Not Applicable |
3 Calendar Days |
All Refrigerated Containers |
All Refrigerated Equipment |
Not Applicable |
|
Turks & Caicos |
5 Calendar Days |
All Dry Equipment |
All Dry Equipment |
Not Applicable |
3 Calendar Days |
All Refrigerated Equipment and Tanks |
All Refrigerated Equipment |
Not Applicable |
|
Windward Islands, South America, BVI |
5 Calendar Days |
General Dry Equipment |
All Dry Equipment |
Not Applicable |
All Ports Not Otherwise Specified |
5 Calendar Days |
All Dry Equipment |
All Dry Equipment |
Not Applicable |
3 Calendar Days | All Refrigerated Equipment | All Refrigerated Equipment | Not Applicable |
FOREIGN DESTINATION PORTS |
FOREIGN DESTINATION FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
Windward Islands, Leeward Islands, French Guiana, Guyana, Tortola, Virgin Gorda |
12 Calendar Days |
General Dry Equipment |
20' Container |
$25.00 /day |
40X Container |
$25 per day |
|||
>40'X Container |
$35 per day |
|||
20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
|||
40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
|||
6 Calendar Days |
Refrigerated Containers/Tanks |
20' Reefer |
$75 per day |
|
40X Reefer |
$100 per day |
|||
Christmas Trees in Refrigerated Containers |
Per Reefer |
$100 per day |
||
Trinidad |
12 Calendar Days |
General Dry Equipment |
20' Container |
$25.00 /day |
40X Container |
$25 per day |
|||
>40X Container |
$35 per day |
|||
20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
|||
40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
|||
5 Calendar Days |
Refrigerated Containers/Tanks |
20' Reefer/Tanks |
$75 per day |
|
40X Reefer/Tanks |
$100 per day |
|||
Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
||
Bahamas: Nassau |
10 Calendar Days |
Dry Containers/Trailers |
All Dry Containers/Trailers |
$20 per day |
Chassis (Used for Shipper owned/leased containers) |
Per Chassis (Used for Shipper owned/leased containers) |
$5 per day |
||
5 Calendar Days |
Refrigerated Containers/Tanks
|
All Refrigerated Containers/Tanks
|
$50 per day
|
|
Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
||
Bahamas: Freeport, Marsh Harbour, Family Islands |
10 Calendar Days |
Dry Containers/Trailers |
All Dry Containers/Trailers |
$50 per day |
Chassis (Used for Shipper owned/leased containers) |
Per Chassis (Used for Shipper owned/leased containers) |
$50 per day |
||
5 Calendar Days |
Refrigerated Containers/Tanks
|
All Refrigerated Containers/Tanks |
$50 per day |
|
Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
||
Cayman Islands |
14 Calendar Days |
Dry Containers |
All Dry Containers |
$20 per day up to 7 days $40 per day > 7 days |
Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
$60 per day up to 7 days $120 per day > 7 days |
||
Refrigerated Containers |
Per Refrigerated Containers |
$60 per day up to 7 days $100 per day > 7 days (E) Eff 03/26/2006 $120 per day > 7 days (A) Eff 03/26/2006 |
||
Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
||
Dominican Republic
Charges do not apply to cargo to/from Free Zone in the Dominican Republic |
10 Calendar Days |
Dry Containers |
20 Containers |
$15 per day |
40X Containers |
$20 per day |
|||
>40X Containers |
$25 per day |
|||
5 Calendar Days |
Refrigerated Containers |
Per Refrigerated Containers |
$85 per day |
|
Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
||
No Free Time |
Chassis |
Per Chassis |
$10 per day 1-5 days $20 per day 6-10 days $30 per day > 10 days |
|
Turks & Caicos
|
10 Calendar Days
|
Dry Containers/Trailers |
All Dry Containers/Trailers |
$25 per day up to 20 days $50 per day > 20 days |
Open Tops, Rail Trailers, Flat beds, Flat Racks, Tanks |
All Open Tops, Rail Trailers, Flat beds, Flat Racks, Tanks |
$50 per day up to 20 days $100 day > 20 days |
||
5 Calendar Days
|
Refrigerated Containers/Tanks |
All Refrigerated Containers/Tanks |
$50 per day up to 10 days $100 per day > 10 days |
|
Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
||
All Other Non-U.S. Ports
|
5 Calendar Days
|
General Dry Containers/Trailers
|
20' Container/Trailer |
$25 per day |
40'X Container/Trailer |
$35 per day |
|||
>40'X Container/Trailer |
$35 per day |
|||
20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
|||
40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
|||
3 Calendar Days
|
Refrigerated Containers/Tanks
|
20' Refrigerated Containers/Tanks |
$75 per day |
|
40' X Refrigerated Containers/Tanks |
$100 per day |
|||
Christmas Trees in Refrigerated Containers |
Per Refrigerated Containers |
$100 per day |