Rule 21 – Detention/Demurrage (Use of Carrier’s Equipment) |
|
Publication Date: 09/10/2019 |
Effective Date: 10/13/2019 Unless otherwise indicated |
Through Date: |
Expiration Date: |
Amendment Code: I, A |
Special Use Number: |
Request # TATDIAZ484 |
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.
2. For the purpose of this rule, Detention & Demurrage charges are combined as
one charge. Carrier does not differentiate between free time allotted in or out
of port facilities.
3. Detention/Demurrage is a per diem charge applicable to Shipper’s use of
Carrier’s equipment beyond the allotted free time.
4. Detention is defined as: Equipment detained beyond an agreed period of time.
When equipment is incurring detention, the equipment is not in the carrier’s
possession.
5. Demurrage is defined as: Equipment remaining on port facilities beyond an
agreed period of time. When equipment is incurring demurrage, the equipment is
in the carrier’s possession.
6. Free Time is defined as: An agreed to period of time a shipper has for
container pick up, unload or load and return equipment to Carrier or Carrier’s
Agent.
7. Carrier will charge Detention/Demurrage charges for each calendar day including weekends and holidays if equipment is not returned to Carrier within the allowed free time. For the purpose of this rule, the first “day” shall be of time commencing at 0800 the day after vessel discharge. 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.
Exception: Abaco
Islands: Carrier will charge Detention/Demurrage charges for each calendar day -
not including weekends and holidays - if equipment is not returned to Carrier
within the allowed free time. For the purpose of this rule, the first “day”
shall be of time commencing at 0800 the day after vessel discharge. Free time
expires per the table(s) below at which point daily charges will accrue until
the equipment is returned to Carrier or Carrier’s Agent.
8. 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.
9. In the event the Carrier establishes equipment pools, the demurrage
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.
10. 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.
11. 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 – 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 US $500.00 (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.
12. Carrier will refuse delivery of any equipment, which has accrued
detention/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.
13. 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.
14. 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
Detention/Demurrage charges or other charges not governed by this rule shall be
covered by the provisions of the Equipment Interchange Agreement.
15. 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 including but not limited to those outlined in
Rule 21.013 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 all other charges provided for in Carrier’s
tariff including but not limited to those outlined in
Rule 21.013.
16. For equipment held beyond the Free Time, charges for detention/demurrage
will apply as set forth below. Free Time is calculated separately for each piece
of equipment.
17. Unless
otherwise agreed in a confidential service agreement, in the event a Shipper or
Consignee has failed to pay demurrage or detention charges within 30 days of the
date of any invoice for demurrage or 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 unlading 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.
DEMURRAGE (USE OF CARRIER EQUIPMENT) WITHIN CONTINENTAL USA (I, A) Effective 09/15/2019
IMPORTS and EXPORTS |
FREETIME |
EQUIPMENT |
SIZE |
CHARGE |
Continental United States |
7 Calendar Days |
General Dry Equipment |
All |
$85.00 |
7 Calendar Days |
Refrigerated Equipment |
All |
$195.00 |
|
7 Calendar Days |
Specialized Equipment |
All |
$195.00 |
DETENTION (USE OF CARRIER EQUIPMENT) WITHIN CONTINENTAL USA (C) Effective 09/15/2019
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 |
DETENTION/DEMURRAGE (USE OF CARRIER EQUIPMENT) WITHIN CONTINENTAL USA (E) Expires 09/15/2019
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 |
DETENTION/DEMURRAGE (USE OF CARRIER EQUIPMENT) WITHIN PUERTO
RICO, USVI AND CANADA
IMPORT |
FREETIME |
EQUIPMENT |
SIZE |
CHARGE |
Puerto Rico
|
10 Calendar Days
|
General Dry Equipment |
All |
$30 per day up to 20 days / $60 per day thereafter |
Refrigerated Equipment |
All |
$110 per day up to 20 days/ $210 per day thereafter |
||
USVI |
7 Calendar Days |
General Dry 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 |
EXPORT |
FREETIME |
EQUIPMENT |
SIZE |
CHARGE |
Canada |
2 Calendar Days |
Chassis |
Per Chassis |
$70 per day |
USVI |
7 Calendar Days |
All Dry Equipment |
All |
$30 per day up to 14 days/ $60 per day thereafter |
4 Calendar Days |
All Refrigerated Equipment |
All |
$110 per day up to 14 days/ $210 per day thereafter |
DETENTION/DEMURRAGE (USE OF CARRIER'S EQUIPMENT) FOREIGN DESTINATION PORTS EXCEPT CANADA
IMPORTS |
FREE TIME |
EQUIPMENT |
SIZE |
CHARGE |
Guyana, Leeward Islands, Windward Islands *Trinidad - See also PLIPDECO Storage Rent below
|
12 Calendar Days |
General Dry Equipment |
20' |
$70 per day |
40'X |
$110 per day | |||
>40'X |
$110 per day |
|||
Specialized Equipment |
20' |
$175 per day |
||
40'X |
$175 per day |
|||
6 Calendar Days |
Refrigerated Equipment |
20' |
$160 per day |
|
40'X |
$160 per day |
|||
Christmas Trees in Refrigerated Equipment |
All |
$160 per day |
Bahamas: Abaco Islands: Marsh Harbour
|
10 Business Days |
General Dry Equipment including Chassis |
All |
$30 per day |
Chassis When Used with Shipper Owned Equipment |
All |
$30 per day |
||
5 Business Days |
Refrigerated Equipment/ Tanks including Chassis |
All |
$60 per day
|
|
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
||
Abaco Islands: Elbow Cay, Great Guana Cay, Man O'War Cay, Scotland Cay
|
20 Business Days
15 Business Days
|
General Dry Equipment including Chassis |
All |
$30 per day |
Chassis When Used with Shipper Owned Equipment |
All |
$30 per day |
||
15 Business Days |
Refrigerated Equipment/ Tanks including Chassis |
All |
$60 per day
|
|
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
Bahamas: Freeport
|
15 Calendar Days
|
General Dry Equipment including Chassis |
All |
$35 per day |
Chassis When Used with Shipper Owned Equipment |
All
|
$35 per day |
||
30 Calendar Days |
Drydock: General Dry Equipment, Flatracks only including Chassis, or Chassis when used with Shipper Owned Equipment |
All
|
$30 per day up to 60 Calendar Days
$70 per day over 60 Calendar Days |
|
10 Calendar Days |
Refrigerated Equipment/ Tanks including Chassis |
All
|
$70 per day
|
|
Christmas Trees in Refrigerated Equipment |
All
|
$110 per day |
||
4 Calendar Days |
||||
Refrigerated Equipment/ Tanks including Chassis –Generator Usage Surcharge |
All |
$250 per day per unit additional charge will be assessed for generator usage on reefers that are left at the terminal more than 24 hours. Charge to be billed on a separate invoice and is in addition to demurrage charges above. |
Bahamas: Nassau
|
10 Calendar Days
|
General Dry Equipment including Chassis |
All |
$40 per day from the 11th to the 30th day $125 per day thereafter |
Chassis When Used with Shipper Owned Equipment |
All |
$35 per day from the 11th to the 30th day
$100 per day thereafter
|
||
5 Calendar Days |
||||
Refrigerated Equipment/ Tanks including dry Chassis |
All |
$75 per day |
||
Genset Chassis - in addition to Refrigeration demurrage charges listed above |
All |
$60 per day |
||
Christmas Trees in Refrigerated Equipment |
All
|
$100 per day |
||
20 Calendar Days |
Dry or Refrigerated Carrier's Equipment not owned or leased by Tropical Shipping, including full loads unstuffed at the Gladstone Freight Terminal. This charge is in addition to the regular demurrage charges listed above. |
All |
$35 per day |
Belize (I, A) Effective 10/13/2019
|
12 Calendar Days |
General Dry Equipment |
20' |
$35 per day |
40'X |
$70 per day |
|||
All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks, |
20' |
$85 per day |
||
40'X |
$85 per day |
|||
5 Calendar Days |
Refrigerated Equipment |
20' |
$70 per day |
|
40'X |
$110 per day |
|||
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
British Virgin Islands – Tortola Only |
12 Calendar Days |
General Dry Equipment |
20' & 40X |
$35 per day |
>40'X |
$45 per day |
|||
Specialized Equipment |
20' |
$60 per day |
||
40'X |
$75 per day |
|||
6 Calendar Days |
Refrigerated Equipment |
20' |
$85 per day |
|
40'X |
$110 per day |
|||
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
British Virgin Islands - Virgin Gorda |
15 Calendar Days |
General Dry Equipment |
20' & 40'X |
$35 per day |
>40'X |
$45 per day |
|||
Specialized Equipment |
20' |
$60 per day |
||
40'X |
$75 per day |
|||
6 Calendar Days |
Refrigerated Equipment |
20' |
$85 per day |
|
40'X |
$110 per day |
|||
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
Cayman Islands
|
12 Calendar Days |
General Dry Equipment |
20' |
$35 per day |
40'X |
$70 per day |
|||
All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks, |
20' |
$85 per day |
||
40'X |
$85 per day |
|||
5 Calendar Days |
Refrigerated Equipment |
20' |
$70 per day |
|
40'X |
$110 per day |
|||
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
Dominican Republic: Caucedo
|
7 Calendar Days |
General Dry Equipment |
20' |
$45 per day up to 15 days, $60 per day thereafter |
40'X |
$60 per day up to 15 days, $80 per day thereafter |
|||
>40'X |
$60 per day up to 15 days, $80 per day thereafter |
|||
5 Calendar Days |
Specialized Equipment |
All |
$120 per day up to 15 days, $200 per day thereafter |
|
Refrigerated Equipment |
All |
$120 per day up to 15 days, $200 per day thereafter |
||
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
||
No Free Time
|
Dry Chassis | All |
$40 per day per Chassis Charge is in US Dollars and does not include local government taxes |
|
Genset Chassis |
All |
$145 per day per Genset Charge is in US Dollars and does not include local government taxes |
Dominican Republic: Puerto Plata
|
7 Calendar Days |
General Dry Equipment |
20' |
$30 per day |
40'X |
$50 per day |
|||
>40'X |
$50 per day |
|||
5 Calendar Days |
Specialized Equipment |
All |
$150 per day |
|
Refrigerated Equipment |
All |
$150 per day |
||
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
||
No Free Time | Chassis (Dry & Genset) |
All
|
$20 per day up to 5 days $30 per day from the 6th thru the 10th day $40 per day thereafter |
Turks & Caicos |
10 Calendar Days |
Dry Equipment/Trailers |
All |
$35 per day up to 20 days
$60 per day thereafter |
Specialized Equipment |
All |
$75 per day up to 20 days
$125 per day thereafter |
||
5 Calendar Days |
Refrigerated Equipment/ Tanks |
All |
$60 per day up to 20 days
$110 per day thereafter |
|
Christmas Trees in Refrigerated Equipment |
All |
$110 per day |
USE OF CARRIER'S EQUIPMENT IN FOREIGN ORIGIN PORTS EXCEPT CANADA
EXPORT |
FREE TIME |
EQUIPMENT |
SIZE |
CHARGE |
Bahamas: Nassau |
10 Calendar Days |
General Dry Equipment |
All |
N/A |
3 Calendar Days |
Refrigerated Equipment |
All |
N/A |
|
Bahamas: Marsh Harbour |
5 Calendar Days |
General Dry Equipment |
All |
N/A |
3 Calendar Days |
Refrigerated Equipment |
All |
N/A |
|
5 Calendar Days |
Chassis |
All |
N/A |
|
Bahamas: Freeport |
10 Calendar Days |
General Dry Equipment |
All |
$30 per day |
3 Calendar Days |
Refrigerated Equipment |
All |
$60 per day |
|
30 Calendar Days
|
Drydock: General Dry Equipment or Chassis when used with Shipper Owned Equipment |
All
|
$35 per day up to 60 Calendar Days $60 per day over 60 Calendar Days |
|
Cayman Islands |
5 Calendar Days |
General Dry Equipment |
All |
N/A |
3 Calendar Days |
All Refrigerated Containers |
All |
N/A |
|
Dominican Republic
Charges do not apply to cargo to/from Free Zone in the Dominican Republic
|
5 Calendar Days |
General Dry Equipment |
All |
N/A |
3 Calendar Days |
Refrigerated Equipment |
All |
N/A |
|
Turks & Caicos |
5 Calendar Days |
General Dry Equipment |
All |
N/A |
3 Calendar Days |
All Refrigerated Equipment |
All |
N/A |
|
Windward Islands (Trinidad - See also PLIPDECO Storage Rent below)
South America
BVI |
5 Calendar Days |
General Dry Equipment |
All |
N/A |
3 Calendar Days |
All Refrigerated Equipment |
All |
N/A |
|
All Ports Not Otherwise Specified |
5 Calendar Days |
General Dry Equipment |
All |
N/A |
3 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 |
PLIPDECO STORAGE RENT AT TERMINAL
The charges below are for Point Lisas Industrial Port Development
Corporation Limited (PLIPDECO) storage of Full Load Containers at Point Lisas
Terminal. These charges
are in addition to the Carrier’s Detention Demurrage charges listed above.
TRINIDAD |
FREE TIME |
EQUIPMENT |
SIZE |
CHARGE |
Imports |
5 Business Days |
Dry and Refrigerated FCL |
All |
First chargeable eight (8) days: $17 per day or part thereof per TEU After first chargeable eight (8) days: $35 per day or part thereof per TEU |
Exports |
14 Calendar Days |
Dry and Refrigerated FCL |
All |
First chargeable eight (8) days: $17 per day or part thereof per TEU After first chargeable eight (8) days: $35 per day or part thereof per TEU |
NOTE: |
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EQUIPMENT: *Equipment Discharged / loaded via containerized Vessel will be charged $48 per ton. *Shifting due to extraction of specifically requested container from empty container pool- Food Grade. Scrap iron etc will be charged $66 per container. *Positioning Container for repairs. Full/ Empty Containers to be returned to Shipper /Exporter will be charged of $66 per container. NOTE: This charge is separate and apart from Receiving. Storing and Deliver. (RS&D) charges. * Equipment wash $275 by request. *Change of container status $44 per container *Container not loaded/rolled over to new vessel $40 per container. *Empty container for sealing $5 *Empty Container for cutting/removing seals $5. *Container Seal verification $50 *Container/Flatrack for Fumigation $50. |