Rule 21 – Detention/Demurrage (C)
Publication Date: 10/30/2019	Effective Date: 12/01/2019 Unless otherwise indicated
Through Date:	Expiration Date:
Amendment Code: C	Special Use Number:
Request # JACBROD530

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.

A. DEMURRAGE - Carrier’s Charges within North America (C) Effective 12/01/2019

Demurrage is defined as: Equipment remaining on port facilities beyond an agreed period of time (Free Time). When equipment is incurring demurrage, the equipment is in the Carrier’s possession. Demurrage is a per diem charge applicable to both Carrier and Shipper owned equipment. Demurrage applies for each calendar day including weekends and holidays.

• Import shipments: the first “day” starts the next calendar day after vessel discharge.
• Export shipments: the first “day” starts the next calendar day after the equipment has been interchanged into the Carrier’s facility per the Carrier’s Equipment Interchange Agreement which is to be used with respect to interchange of both Carrier’s and Shipper owned 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.

Should a container that is booked and tendered to the Carrier for a particular voyage be held in the Port of Palm Beach for a subsequent voyage at Carrier's discretion (Rolled Cargo) the demurrage clock will be stopped based on the original intended sail date.

Free Time is defined as: An agreed period of time equipment can remain at the Carrier’s terminal prior to sailing or after discharge. Equipment remaining at the Carrier’s designated terminal beyond the Free Time for any reason other than Carrier’s discretion will incur demurrage charges.

Free Time is calculated separately for each piece of equipment. Free time applies per the tables below. Upon expiration of Free Time demurrage charges will accrue daily. Equipment placed on hold by any Governmental Agency shall receive additional Free Time commensurate with the Government hold, not to exceed 7 days.

When the same equipment is utilized by the same Shipper to and from the same location, origin and destination free time shall be calculated on each individual shipment.

Payment for all charges accrued is due upon presentation of invoices. Payment will be collected by the Carrier or authorized agent.

Carrier will refuse delivery of any equipment that has accrued 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. Cargo owner will still be responsible for payment of all outstanding charges including but not limited to demurrage charges.

Unless otherwise agreed in a confidential service agreement, in the event a Shipper or Consignee has failed to pay demurrage charges within 30 days of the date of any invoice for demurrage, Carrier may refuse to allow the Customer to remove the equipment from the marine terminal at which the equipment was discharged. Cargo Owner may arrange to take possession of the cargo at the marine terminal by unloading it from the equipment, subject to payment in cash at that time. Payment of all charges applicable for stripping and stuffing must be made to the Carrier or authorized agent prior to taking possession of the cargo.

DEMURRAGE WITHIN NORTH AMERICA

IMPORTS and EXPORTS	FREETIME	EQUIPMENT	SIZE	CHARGE	NOTES
Continental United States Canada	7 Calendar Days	General Dry Equipment	All	$85.00	Equipment placed on hold by any Governmental Agency shall have additional Free Time commensurate with the Government hold but not to exceed 7 days.
	7 Calendar Days	Refrigerated Equipment	All	$195.00
	7 Calendar Days	Specialized Equipment	All	$195.00

DEMURRAGE WITHIN CANADA (E) Expires 12/01/2019

EXPORT	FREETIME	EQUIPMENT	SIZE	CHARGE
Canada	2 Calendar Days	Chassis	Per Chassis	$70 per day

B. DETENTION

Detention is defined as: Carrier's Equipment detained beyond an agreed period of time. When equipment is incurring detention, the equipment is not in the Carrier’s possession. Detention is a per diem charge applicable to Shipper’s use of Carrier’s equipment beyond the allotted free time.

Carrier will charge Detention charges for each calendar day including weekends and holidays if equipment is not returned to Carrier within the allowed free time.

• Import shipments: the first “day” starts the next calendar day after vessel discharge;
• Export shipments: the first “day” starts the next calendar day after the equipment has been interchanged out from the Carrier’s facility per the Carrier’s Equipment Interchange Agreement which is to be used with respect to interchange of Carrier’s equipment to Shippers, Consignees and their respective Agents. All detention charges or other charges not governed by this rule shall be covered by the provisions of the Equipment Interchange Agreement.

Free Time is defined as: An agreed period of time a shipper has for container pick up, unload or load and return of equipment to Carrier or Carrier’s Agent. 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. Free Time is calculated separately for each piece of equipment.

Exception: Abaco Islands: Carrier will charge Detention 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.

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.

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.

In the event the Carrier establishes equipment pools, the detention 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.

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 equipment/chassis to guarantee payment of anticipated demurrage prior to the future release of any additional Carrier equipment to the Shipper will be collected.

Carrier will refuse delivery of any equipment which has accrued detention 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. Cargo owner will still be responsible for payment of all outstanding charges including but not limited to detention charges.

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.

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 charges provided for in Carrier’s tariff including but not limited to those outlined in Rule 21.013.

Unless otherwise agreed in a confidential service agreement, in the event a Shipper or Consignee has failed to pay detention charges within 30 days of the date of any invoice for 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 unloading 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.

DETENTION (USE OF CARRIER EQUIPMENT) WITHIN CONTINENTAL USA

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
Continental United States	4 Calendar Days	Refrigerated Equipment	All	N/A

DETENTION (USE OF CARRIER EQUIPMENT) WITHIN CANADA

EXPORT	FREETIME	EQUIPMENT	SIZE	CHARGE
Canada	2 Calendar Days	Chassis	Per Chassis	$70 per day

DETENTION/DEMURRAGE - All others

DETENTION/DEMURRAGE (USE OF CARRIER EQUIPMENT) WITHIN PUERTO RICO and USVI (C)

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
Puerto Rico	10 Calendar Days	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
USVI	5 Calendar Days	Refrigerated Equipment	All	$110 per day up to 20 days/ $210 per day thereafter

EXPORT	FREETIME	EQUIPMENT	SIZE	CHARGE
USVI	7 Calendar Days	All Dry Equipment	All	$30 per day up to 14 days/ $60 per day thereafter
USVI	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
		Specialized Equipment	40'X	$175 per day
	6 Calendar Days	Refrigerated Equipment	20'	$160 per day
		Refrigerated Equipment	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
	10 Business Days	Chassis When Used with Shipper Owned Equipment	All	$30 per day
	5 Business Days	Refrigerated Equipment/ Tanks including Chassis	All	$60 per day
	5 Business Days	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
	20 Business Days 15 Business Days	Chassis When Used with Shipper Owned Equipment	All	$30 per day
	15 Business Days	Refrigerated Equipment/ Tanks including Chassis	All	$60 per day
	15 Business Days	Christmas Trees in Refrigerated Equipment	All	$110 per day

Bahamas: Freeport	15 Calendar Days	General Dry Equipment including Chassis	All	$35 per day
	15 Calendar Days	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
	10 Calendar Days	Christmas Trees in Refrigerated Equipment	All	$110 per day
	4 Calendar Days
	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
	10 Calendar Days	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	12 Calendar Days	General Dry Equipment	20'	$35 per day
		General Dry Equipment	40'X	$70 per day
		All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks,	20'	$85 per day
		All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks,	40'X	$85 per day
	5 Calendar Days	Refrigerated Equipment	20'	$70 per day
		Refrigerated Equipment	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
		General Dry Equipment	>40'X	$45 per day
		Specialized Equipment	20'	$60 per day
		Specialized Equipment	40'X	$75 per day
	6 Calendar Days	Refrigerated Equipment	20'	$85 per day
		Refrigerated Equipment	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
		General Dry Equipment	>40'X	$45 per day
		Specialized Equipment	20'	$60 per day
		Specialized Equipment	40'X	$75 per day
	6 Calendar Days	Refrigerated Equipment	20'	$85 per day
		Refrigerated Equipment	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
		General Dry Equipment	40'X	$70 per day
		All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks,	20'	$85 per day
		All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks,	40'X	$85 per day
	5 Calendar Days	Refrigerated Equipment	20'	$70 per day
		Refrigerated Equipment	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
	No Free Time	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
	10 Calendar Days	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
	5 Calendar Days	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
Bahamas: Nassau	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
Cayman Islands	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
Turks & Caicos	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
All Ports Not Otherwise Specified	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 8+ Calendar Days, or fraction thereof and beyond: $500 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: Electricity plug in on storage of all Reefer containers will be charged $28 per day or part thereof in addition to the charges above Rent is charged on a full day basis for any portion of a day. * For B/L of 5 or more containers: Free storage period to increase by five (5) additional calendar days - Rent free period starts from the day after the vessel discharge completes. Request for Unstuffing will be on a direct delivery basis - Rent charge is applicable up to time of delivery. If Shipper requests Carrier's rehandling of container which results in container having to be repositioned by PLIPDECO the following charges shall apply: Positioning/Repositioning of Container ……….$100.00 Per container per occurrence Additional business days- Rent is applicable from the day after the vessel discharge. *Pretesting of Reefer Container will be charged $66 per container.
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.