Publication Date: 05/30/2003 |
Effective Date: 05/30/2003 |
Through Date: |
Expiration Date: |
Amendment Code: C |
Special Use Number: |
Rule 21 – Use of Carrier’s Equipment |
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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.
B. USE OF CARRIER'S EQUIPMENT WITHIN THE UNITED STATES
1. Free Time:
a. Loading - Shipper or Agent will have a 7 calendar day period (Except for Nassau and Freeport 10 day period) including weekends and
holidays to load and return the container to Carrier's terminal. Refrigeration equipment shall have a 4 (Nassau 5) calendar day period to load
and Return the equipment.
b. Unloading - Consignee or Agent will have a 7 (Nassau 10) calendar day free period including weekends and holidays to unload and return the
empty container to Carrier's terminal. Refrigerated equipment shall have a 5 calendar day free period to unload and return the equipment.
c. Computing Time - Free time for loading begins day following the delivery of the container to the Shipper when the inland transportation is
provided by the Carrier, or day following release of the container to Shipper's inland trucker. Free time ends when the container is returned to
Carrier's terminal or when container is picked up by Carrier's inland trucker.
2. Detention Charges: Reserved for future use
C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS
1. Free Time:
Unloading - Consignee will have the following calendar days free period to unload and return the container 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 | 14 Calendar Days |
Refrigerated Containers/Tanks | 12 Calendar Days | |
Chassis (Used for Handling of Shipper Owned Containers) | 10 Calendar Days | |
Cayman Island | Dry Container/Trailers | 5 Calendar Days |
Refrigerated Containers/Tanks | 5 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 containers, and a 3-day free period for refrigerated or tank containers to load and return the container 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 | Reserved For Future Use | ||
Nassau (C) | Dry Container/Trailer | When Free Time exceeded | $20.00 per day |
Refrigerated Container/Tank | $50.00 per day | ||
Chassis (Used for Handling Shipper Owned Containers) | $5.00 per day | ||
Cayman Islands | Dry Container/Trailers | When Free Time exceeded | $15.00 per day |
Refrigerated Container | $60.00 per day | ||
Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks | $60.00 per day | ||
Puerto Plata, Dominica Republic | Dry Containers | When Free Time exceeded | $25.00 per day |
Refrigerated Container | $125.00 per day | ||
Turks and Caicos | Dry Container | 1- 5 days | $15.00 per day |
> 5 days | $20.00 per day | ||
Refrigerated Containers/Tanks | 1- 5 days | $100.00 per day | |
> 5 days | $150.00 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 8:00AM following complete discharge of vessel or arrival of trailer(s) at destination terminal.
B. Outbound Loads: First 8:00AM following removal of trailer(s) from Carrier’s premises.