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
 
Demurrage is defined as: The charge applicable to Equipment remaining on port facilities beyond the time set forth below in this rule, or otherwise agreed in a service contract (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 excluding weekends, holidays, or days on which the Terminal is closed.

• 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: A 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 will incur demurrage charges. unless Shipper can demonstrate that demurrage charges were incurred due to circumstances beyond its control which justify a waiver of such 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.
 
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.

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

DEMURRAGE WITHIN NORTH AMERICA

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 use of Carrier’s Equipment by Shipper or its agent / contractor beyond the allotted Free Time.
 
Carrier will charge Detention charges for each calendar day excluding weekends, holidays, or days on which the Terminal is closed, if equipment is not returned to Carrier within the allowed free time.
 
• Import 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.

• 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/Demurrage charges for each Business day - not including weekends and holidays - if equipment is not returned to Carrier within the allowed free time. For the purpose of this exemption, the first “day” shall be of time commencing at 0800 the day after Equipment is interchanged out to Shipper, or its agent / contractor. For Shippers without established credit a cash bond (or other form of acceptable security) of US $500.00 per container/chassis to guarantee payment of anticipated detention / demurrage will be collected prior to the release of Carrier’s equipment to the customer. The security deposit will be held by the Carrier. Should the container be returned to the Carrier within the allowable 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 allowable 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.

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. The Carrier shall provide 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 detention / demurrage prior to the future release of any additional Carrier equipment to the Shipper will be collected.

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

DETENTION/DEMURRAGE (USE OF CARRIER'S EQUIPMENT) FOREIGN PORTS - BAHAMAS

Expires 01/01/2024 (E)

Effective 01/01/2024 (A, I)

DETENTION / DEMURRAGE (USE OF CARRIER'S EQUIPMENT) ALL OTHER FOREIGN PORTS

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.

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.

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.