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Publication Date: 05/09/2001 |
Effective Date: 05/09/2001 |
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Through Date: |
Expiration Date: |
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Amendment Code: C |
Special Use Number: |
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Rule 21 – Use of Carrier’s Equipment |
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1. Detention is applicable to any of Carrier's equipment as a unit; including container and chassis, container alone, or trailer when it is not in Carrier's possession. (NASSAU) - 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. In all cases the term “containers” or “ trailers” is interchangeable with the word and definition of “equipment”
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 when in effect will be assessed on each calendar day or fraction thereof including weekends and holidays, excluding date of sailing.
** Note: 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 21, 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 at agreed to locations, the detention applicable to equipment obtained from such pools shall be calculated in accordance with provisions of this Rule 21 applicable at the Carrier's port terminal nearest to the equipment pool.
6. In the event the Shipper or Consignee 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. St. Kitts - The Carrier will put the Customer on a master delinquent list which will be shared with
the members of the Caribbean Shipowner's Association (FMC Agreement #202-010979) Carriers shall not
allow equipment to be removed from the port area for house delivery. Cargo will be required to stripped at
facilities available at destination.
b. 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 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 obligations have been met. 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. 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 after August 19, 1990. All storage and detention charges are without exception, pursuant to the provision of this Rule 21
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:
a. 20' Dry container:
1st to 10th day................$20.00 per day
After 10 days..................$25.00 per day
b. 40' Dry container:
1st to 10th day................$25.00 per day
After 10 days..................$30.00 per day
c. 20' Refrigerated container:
1st to 10th day................$100.00 per day
After 10 days..................$150.00 per day
d. 40' Refrigerated container:
1st to 10th day...$150.00 per day
After 10 days...$200.00 per day
(Nassau) DETENTION CHARGES: (Not in Carriers Possession)
Begins the day following the expiration of free time and is charged for any fraction of a day as a full day.
a. Dry Containers - $20.00 per day
b. Refrigerated Containers- $50.00 per day
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.
ii. St. Maarten:
Dry containers/trailers....10 calendar days
Reefer containers/Tanks.....3 calendar days
iii. St. Kitts:
Dry containers/trailers...5 calendar days
Reefer containers/Tanks...5 calendar days
iv. St. Lucia:
Dry containers/trailers.... 13 calendar days
Reefer containers/Tanks...7 calendar days
v. Anguilla:
Dry containers/trailers...5 calendar days
Reefer containers...6 calendar days
Tank containers...3 calendar days
vi. Nassau:
Dry containers/trailers 16 calendar days
12 calendar days
Reefer containers/Tanks 7 calendar days
Chassis (Used for Handling of Shipper owned Containers
10 calendar days
vii. Cayman Islands ex: Port Everglades Only.
Dry Containers/Trailers 5 working days.
Re efer Containers 5 working days
vii. All Other Non-U.S. Ports Not Listed Above:
Dry containers/trailers...5 calendar days
Reefer 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
a. Dry containers:
1st to 5th day...$15.00 per day
After 5 days...$20.00 per day
***Note: Including weekends and holidays.
b. Refrigerated containers/Tanks:
1st to 5th day...$100.00 per day
After 5 days...$150.00 per day
***Note: Including weekends and holidays.
***Exception: St. Lucia Only
1st to 5th day...$50.00 per day
After 5th day...$75.00 per day
***Exception: Nassau Only
When Free Time exceeded each calendar day will be charged as:
Chassis – Used for Handling Shipper
Owned Containers $ 5.00 per day
Cayman Islands ex: Port Everglades, FL only:
Dry Containers/Trailers: $15.00 per day
Refrigerated Containers $60.00 per day
Open Tops, Rail Trailers, Flat Beds $60.00 per day
Flat Racks, Tanks
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.
Holidays/Weekends: In computing Free Time under this rule, Saturday, Sunday and full legal holidays will be included.