Rule 21 – Use of Carrier’s Equipment
Publication Date: 12/19/2003
Effective Date: 12/21/2003
Amendment Code: R
Special Use Number:
|Request #: TOMASH903|
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 -
i. Dry equipment/Flat Racks: Shipper or Agent will have a 7 calendar day period including weekends and holidays to load and return the equipment to Carrier's terminal. Export shipments to Nassau and Freeport shall have a 10 calendar day period to load and return the equipment to Carrier's terminal.
ii. Refrigeration equipment shall have a 4 calendar day period to load and return the equipment. Export shipments from the continental US to Nassau shall have a 5 calendar day period to load and return the equipment to Carrier's terminal. Export shipments from Puerto Rico with four (4) or more refrigerated containers shall have a 9 calendar day period to load and return the equipment to Carrier's terminal.
b. Unloading -
c. Computing Time - Free time for loading begins day following the delivery of the equipment to the Shipper when the inland transportation is
i. Dry equipment/Flat Racks: Consignee or Agent will have a 7 calendar day free period including weekends and holidays to unload and return the empty equipment to Carrier's terminal. Import shipments from Nassau shall have a 10 calendar day period to unload and return the empty equipment to Carrier's terminal.
ii. Refrigerated equipment shall have a 5 calendar day free period to to unload and return the empty equipment to Carrier's terminal.
provided by the Carrier, or day following release of the equipment to Shipper's inland trucker. Free time ends when the equipment is returned to
Carrier's terminal or when equipment is picked up by Carrier's inland trucker.
2. Detention Charges: For equipment held beyond the Free Time stipulated above the following detention charges will apply.
a. Puerto Rico -
i. Dry equipment/Flat racks: $20 per day per piece of equipment for days 1 to 14 and $50 per day per piece of equipment
held beyond 14 days.
ii. Refrigerated equipment: $100 per day per piece of equipment for days 1 to 14 and $200 per day per piece of equipment
held beyond 14 days.
b. Continental United States: Reserved for future use.
C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS
1. Free Time:
a. Unloading - Consignee will have the following calendar days free period to unload and return the equipment 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 7 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 Bahamas: Long Island, San Salvador, Exuma, Cat Island Dry Container/Trailers 5 Calendar Days Refrigerated Containers/Tanks 5 Calendar Days (R) 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 equipment, and a 3-day free period for refrigerated or tank containers to load and return the equipment 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||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|
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 8:00 A.M. following complete discharge of vessel or arrival of trailer(s) at destination terminal.
B. Outbound Loads: First 8:00A.M. following removal of trailer(s) from Carrier’s premises.