Rule 21 – Use of Carrier

Rule 21 – Detention/Demurrage (Use of Carrier’s Equipment)
Publication Date: 04/24/2015	Effective Date: 05/24/2015 unless otherwise specified
Through Date:	Expiration Date:
Amendment Code A, I, C, E	Special Use Number:
Request #: DEAMACL582

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 table(s) 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.

B. USE OF CARRIER'S EQUIPMENT WITHIN CANADA

ORIGIN PORT	ORIGIN FREE TIME	EQUIPMENT	SIZE	DEMURRAGE CHARGES
Canada	7 Calendar Days	General Dry Equipment	All	Not Applicable
Canada	4 Calendar Days	Refrigerated Equipment	All	Not Applicable
Canada	2 Calendar Days	Chassis	Per Chassis	$70 per day

USE OF CARRIER'S EQUIPMENT WITHIN CANADA

DESTINATION PORT	DESTINATION FREE TIME	EQUIPMENT	SIZE	DEMURRAGE CHARGES
Canada	7 Calendar Days	General Dry Equipment	All	Not Applicable
	5 Calendar Days	All Refrigerated Equipment	All	Not Applicable
	2 Calendar Days	Chassis	Per Chassis	$70 per day
Canada cargo exported from Nassau	10 Calendar Days	General Dry Equipment	All	Not Applicable

C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS EXCEPT CANADA

FOREIGN ORIGIN PORTS	FOREIGN ORIGIN FREE TIME	EQUIPMENT	SIZE	DEMURRAGE CHARGES
Bahamas: Nassau	10 Calendar Days	General Dry Equipment	All	Not Applicable
Bahamas: Nassau	3 Calendar Days	Refrigerated Equipment	All	Not Applicable
Bahamas: Freeport, Marsh Harbour, Family Islands	5 Calendar Days	General Dry Equipment	All	Not Applicable
	3 Calendar Days	Refrigerated Equipment	All	Not Applicable
	5 Calendar Days	Chassis (Used for Shipper owned/leased Equipment )	All	Not Applicable
Cayman Islands	5 Calendar Days	General Dry Equipment and Tanks	All	Not Applicable
Cayman Islands	3 Calendar Days	Refrigerated Equipment Tanks	All	Not Applicable
Dominican Republic Charges do not apply to cargo to/from Free Zone in the Dominican Republic	5 Calendar Days	General Dry Equipment	All	Not Applicable
	3 Calendar Days	Refrigerated Equipment	All	Not Applicable
Turks & Caicos	5 Calendar Days	General Dry Equipment	All	Not Applicable
Turks & Caicos	3 Calendar Days	Refrigerated Equipment/ Tanks	All	Not Applicable
Windward Islands, South America, BVI Trinidad - See also PLIPDECO Storage Rent below	5 Calendar Days	General Dry Equipment	All	Not Applicable
All Ports Not Otherwise Specified	5 Calendar Days	General Dry Equipment	All	Not Applicable
All Ports Not Otherwise Specified	3 Calendar Days	Refrigerated Equipment	All	Not Applicable

FOREIGN DESTINATION PORTS	FOREIGN DESTINATION FREE TIME	EQUIPMENT	SIZE	DEMURRAGE CHARGES
Windward Islands (unless otherwise stated) Leeward Islands (unless otherwise stated) Tortola, Virgin Gorda	12 Calendar Days	General Dry Equipment	20'	$35 per day
			40'X	$35 per day
			>40'X	$35 per day
		Flatrack, Open Top & Specialized Equipment	20'	$60 per day
		Flatrack, Open Top & Specialized Equipment	40'	$75 per day
	6 Calendar Days	Refrigerated Equipment/Tanks	20'	$85 per day
		Refrigerated Equipment/Tanks	40'X	$110 per day
		Christmas Trees in Refrigerated Equipment	All	$110 per day
St. Lucia: Castries, Vieux Fort	15 Calendar Days	General Dry Equipment	20'	$35 per day
			40'X	$35 per day
			>40'X	$45 per day
		Flatrack, Open Top & Specialized Equipment	20'	$60 per day
		Flatrack, Open Top & Specialized Equipment	40'	$75 per day
	6 Calendar Days	Refrigerated Equipment/ Tanks	20'	$85 per day
		Refrigerated Equipment/ Tanks	40'X	$110 per day
		Christmas Trees in Refrigerated Equipment	All	$110 per day
Guyana	15 Calendar Days	General Dry Equipment	20'	$35 per day
			40'X	$45 per day
			>40'X	$45 per day
		Flatrack, Open Top & Specialized Equipment	20'	$50 per day
		Flatrack, Open Top & Specialized Equipment	40'	$60 per day
	5 Calendar Days	Refrigerated Equipment/ Tanks	20'	$85 per day
		Refrigerated Equipment/ Tanks	40X	$110 per day
		Christmas Trees in Refrigerated Equipment	Per	$110 per day
Trinidad - See also PLIPDECO Storage Rent below	12 Calendar Days	General Dry Equipment	20'	$35 per day
			40X	$35 per day
			>40X	$45 per day
		Flatrack, Open Top & Specialized Equipment	20'	$60 per day
		Flatrack, Open Top & Specialized Equipment	40'	$75 per day
	5 Calendar Days	Refrigerated Equipment / Tanks	20'	$85 per day
		Refrigerated Equipment / Tanks	40'X	$110 per day
		Christmas Trees in Refrigerated Equipment	All	$110 per day
Bahamas: Nassau	10 Calendar Days	General Dry Equipment including Chassis	All	$35 per day from 11th to the 30th day $100 per day thereafter
	10 Calendar Days	Chassis when used with Shipper owned Equipment	All	$35 per day from 11th to the 30th day $100 per day thereafter
	5 Calendar Days
		Refrigerated Equipment/ Tanks including Dry Chassis	All	$60 per day
		Genset Chassis - in addition to Refrigeration demurrage charges listed above	All	$60 per day
		Christmas Trees in Refrigerated Containers	All	$100 per day
	20 Calendar Days	Dry or Refrigerated Carriers 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 listed above	All	$35 per day
Bahamas: Freeport	20 Calendar Days	General Dry Equipment including Chassis	All	$30 per day
	20 Calendar Days	Chassis when used with Shipper owned equipment	Per Chassis	$30 per day
	15 Calendar Days	Refrigerated Equipment/ Tanks	All	$60 per day
	15 Calendar Days	Christmas Trees in Refrigerated Equipment	All	$110 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	Per Chassis	$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
Cayman Islands	12 Calendar Days	General Dry Equipment	All	$35 per day
	12 Calendar Days	Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks	All	$85 per day
	5 Calendar Days	Refrigerated Equipment	All	$70 per day
	5 Calendar Days	Christmas Trees in Refrigerated Equipment	All	$110 per day
Turks & Caicos	10 Calendar Days	General Dry Equipment/ Trailers	All	$35 per day up to 20 days $60 per day thereafter
	10 Calendar Days	Open Tops, Rail Trailers, Flat beds, Flat Racks, Tanks	All	$75 per day up to 20 days $125 per day thereafter
	5 Calendar Days	Refrigerated Equipment/ Tanks	All	$60 per day up to 10 days $110 per day thereafter
	5 Calendar Days	Christmas Trees in Refrigerated Equipment	All	$110 per day

Dominican Republic: Puerto Plata Charges do not apply to cargo to/from Free Zone in the Dominican Republic (E) Exp 05/24/2015	10 Calendar Days (E) Exp 05/24/2015 7 Calendar Days (C) Eff 05/24/2015	General Dry Equipment	20	$25 per day $30 per day (A) Eff 05/24/2015
			40'X	$30 per day $50 per day (A) Eff 05/24/2015
			>40'X	$35 per day $50 per day (A) Eff 05/24/2015
	5 Calendar Days	Specialized Equipment (I) Eff 05/24/2015	All	$150 per day (I, A) Eff 05/24/2015
		Refrigerated Equipment	All	$95 per day $150 per day (A) Eff 05/24/2015
		Christmas Trees in Refrigerated Equipment	All	$110 per day
	No Free Time	Chassis (Dry & Genset)	All	$20 per day 1-5 days $30 per day 6-10 days $40 per day thereafter
Dominican Republic: Caucedo Charges do not apply to cargo to/from Free Zone in the Dominican Republic (E) Exp 05/24/2015	10 Calendar Days (E) Exp 05/24/2015 7 Calendar Days (C) Eff 05/24/2015	General Dry Equipment	20	$25 per day $45 per day up to 15 days, $60 per day thereafter (A, I) Eff 05/24/2015
			40'X	$30 per day $60 per day up to 15 days, $80 per day thereafter (A, I) Eff 05/24/2015
			>40'X	$35 per day $60 per day up to 15 days, $80 per day thereafter (A, I) Eff 05/24/2015
	5 Calendar Days	Specialized Equipment (I) Eff 05/24/2015	All	$120 per day up to 15 days, $200 per day thereafter (A, I) Eff 05/24/2015
		Refrigerated Equipment	All	$95 per day $120 per day up to 15 days, $200 per day thereafter (A, I) Eff 05/24/2015
		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

Antigua	12 Calendar Days	General Dry Equipment/ Trailers	20'	$35 per day
		General Dry Equipment/ Trailers	40'X or Greater	$45 per day
		Specialized Equipment	20'	$60 per day
		Specialized Equipment	40'X	$75 per day
	7 Calendar Days	Refrigerated Equipment/ Tanks	20'	$85 per day
		Refrigerated Equipment/ Tanks	40'X	$110 per day
		Christmas Trees in Refrigerated Equipment	All	$110 per day

Barbados	12 Calendar Days	General Dry Equipment	20'	$35 per day
			40X	$45 per day
			>40'X	$45 per day
		Flatrack, Open Top & Specialized Equipment	20'	$60
		Flatrack, Open Top & Specialized Equipment	40'	$75 per day
	5 Calendar Days	Refrigerated Equipment/ Tanks	20' Reefer	$85 per day
		Refrigerated Equipment/ Tanks	40X Reefer	$110 per day
		Christmas Trees in Refrigerated Equipment	All	$110 per day

St. Maarten	12 Calendar Days	General Dry Equipment	20'	$35 per day
		General Dry Equipment	40'X	$45 per day
		Specialized Equipment	20'	$35 per day
		Specialized Equipment	40'X	$45 per day
	5 Calendar Days	Refrigerated Equipment/ Tanks	20'	$85 per day
		Refrigerated Equipment/ Tanks	40'X	$110
		Christmas Trees in Refrigerated Equipment	All	$110 per day

All Other Non-Canadian Ports

5 Calendar Days

General Dry Equipment/ Trailers

20'

$35 per day

40'X

$45 per day

>40'X

$45 per day

Flatrack, Open Top & Specialized Equipment

20'

$60 per day

40'

$75 per day

3 Calendar Days

Refrigerated Equipment/ Tanks

20'

$85 per day

40' X

$110 per day

Christmas Trees in Refrigerated Equipment

All

$110 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 Pt. Lisas Terminal. These charges are in addition to the Carrier’s Detention Demurrage charges listed above.

TRINIDAD	FREE TIME	EQUIPMENT	SIZE	CHARGE
Imports	7 Calendar Days	Dry and Refrigerated FCL	All	First chargeable eight (8) days: $15 per day or part thereof per TEU After first chargeable eight (8) days: $32 per day or part thereof per TEU
Exports	14 Calendar Days	Dry and Refrigerated FCL	All	First chargeable eight (8) days: $15 per day or part thereof per TEU After first chargeable eight (8) days: $32 per day or part thereof per TEU
NOTE: Electricity plug in on storage of all Reefer containers will be charged $25 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 - Request for Unstuffing will be on a direct delivery basis - Rent charge is applicable up to time of delivery.