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Rule 21 – Detention/Demurrage (Use of Carrier’s Equipment) |
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Publication Date: 08/29/2013 |
Effective Date: 09/29/2013 unless otherwise specified |
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Through Date: |
Expiration Date: |
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Amendment Code C, A, I |
Special Use Number: |
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Request #: DEAMACL564 |
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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. Christmas Trees:
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
and shall be used to cover detention/demurrage expenses should the equipment
fail to return in the applicable free time. Should the container be returned to
the Carrier within the applicable free time, the Carrier will return the entire
security deposit to that party 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 other charges. Any funds remaining after settling these charges
will be returned to the party that provided the security deposit.
Exception: No security deposit is required for shipments of Christmas Trees
moving between Canada and Puerto Rico
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
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ORIGIN PORT |
ORIGIN FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
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Canada |
7 Calendar Days |
General Dry Equipment |
All General Dry Equipment |
Not Applicable |
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4 Calendar Days |
Refrigerated Containers |
All Refrigerated Container |
Not Applicable |
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Canada |
2 Calendar Days |
Chassis |
Per Chassis |
$60 per day |
USE OF CARRIER'S EQUIPMENT WITHIN CANADA
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DESTINATION PORT |
DESTINATION FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
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Canada
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7 Calendar Days |
General Dry Equipment |
All Dry Containers |
Not Applicable |
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5 Calendar Days |
All Refrigerated Containers |
All Refrigerated Containers |
Not Applicable |
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2 Calendar Days |
Chassis |
Per Chassis |
$60 per day |
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Canada cargo exported from Nassau |
10 Calendar Days
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General Dry Equipment |
All Dry Containers |
Not Applicable |
C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS EXCEPT CANADA
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FOREIGN ORIGIN PORTS |
FOREIGN ORIGIN FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
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Bahamas: Nassau |
10 Calendar Days |
General Dry Containers |
All Dry Equipment |
Not Applicable |
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3 Calendar Days |
All Refrigerated Containers |
All Refrigerated Equipment |
Not Applicable |
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Bahamas: Freeport, Marsh Harbour, Family Islands |
5 Calendar Days |
General Dry Containers |
All Dry Equipment |
Not Applicable |
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3 Calendar Days |
All Refrigerated Containers |
All Refrigerated Equipment |
Not Applicable |
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5 Calendar Days |
Chassis (Used for Shipper owned/leased containers) |
All Chassis |
Not Applicable |
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Cayman Islands |
5 Calendar Days |
All Dry Containers |
All Dry Equipment and Tanks |
Not Applicable |
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3 Calendar Days |
All Refrigerated Containers and Tanks |
All Refrigerated Equipment |
Not Applicable |
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Dominican Republic
Charges do not apply to cargo to/from Free Zone in the Dominican Republic
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5 Calendar Days |
All Dry Containers |
All Dry Equipment |
Not Applicable |
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3 Calendar Days |
All Refrigerated Containers |
All Refrigerated Equipment |
Not Applicable |
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Turks & Caicos |
5 Calendar Days |
All Dry Equipment |
All Dry Equipment |
Not Applicable |
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3 Calendar Days |
All Refrigerated Equipment and Tanks |
All Refrigerated Equipment |
Not Applicable |
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Windward Islands, South America, BVI
Trinidad - See also PLIPDECO Storage Rent below |
5 Calendar Days |
General Dry Equipment |
All Dry Equipment |
Not Applicable |
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All Ports Not Otherwise Specified |
5 Calendar Days |
All Dry Equipment |
All Dry Equipment |
Not Applicable |
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3 Calendar Days |
All Refrigerated Equipment |
All Refrigerated Equipment |
Not Applicable |
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FOREIGN DESTINATION PORTS |
FOREIGN DESTINATION FREE TIME |
EQUIPMENT |
SIZE |
DEMURRAGE CHARGES |
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Windward Islands (unless otherwise stated)
Leeward Islands (unless otherwise stated)
Tortola, Virgin Gorda |
12 Calendar Days |
General Dry Equipment |
20' Container |
$25 per day |
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40X Container |
$25 per day |
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>40'X Container |
$35 per day |
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20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
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40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
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6 Calendar Days |
Refrigerated Containers/Tanks |
20' Reefer |
$75 per day |
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40X Reefer |
$100 per day |
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Christmas Trees in Refrigerated Containers |
Per Reefer |
$100 per day |
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St. Lucia: Castries, Vieux Fort |
15 Calendar Days
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General Dry Equipment |
20' Container |
$25 per day |
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40X Container |
$25 per day |
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>40'X Container |
$35 per day |
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20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
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40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
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6 Calendar Days |
Refrigerated Containers/Tanks |
20' Reefer |
$75 per day |
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40X Reefer |
$100 per day |
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Christmas Trees in Refrigerated Containers |
Per Reefer |
$100 per day |
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Guyana
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12 Calendar Days
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General Dry Equipment |
20' Container |
$25 per day |
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40'X Container |
$35 per day |
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>40'X Container |
$35 per day |
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20' Flatrack, Open Top & Specialized Equipment |
$25 per day |
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40' Flatrack, Open Top & Specialized Equipment |
$35 per day |
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5 Calendar Days
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Refrigerated Containers/Tanks |
20' Reefer |
$75 per day |
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40X Reefer |
$100 per day |
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Christmas Trees in Refrigerated Containers |
Per Reefer |
$100 per day |
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Trinidad - See also PLIPDECO Storage Rent below
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12 Calendar Days |
General Dry Equipment |
20' Container |
$25 per day |
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40X Container |
$25 per day |
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>40X Container |
$35 per day |
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20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
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40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
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5 Calendar Days |
Refrigerated Containers/Tanks |
20' Reefer/Tanks |
$75 per day |
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40X Reefer/Tanks |
$100 per day |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
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Bahamas: Nassau
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10 Calendar Days |
General Dry Equipment including Chassis |
All |
$25 per day |
| Chassis when used with Shipper owned Equipment | All |
$20 per day |
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| 20 Calendar Days | Dry 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 |
$25 per day | |
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5 Calendar Days |
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| Refrigerated Containers/Tanks including dry chassis | All | $50 per day | ||
| Genset Chassis - in addition to Refrigeration demurrage charges listed above | All | $50 per day | ||
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Christmas Trees in Refrigerated Containers |
All |
$100 per day |
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| 20 Calendar Days |
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 |
$25 per day |
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Bahamas: Freeport |
20 Calendar Days |
General Dry Equipment including Chassis |
All Dry Containers/Trailers |
$20 per day |
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Chassis when used with Shipper owned equipment |
Per Chassis |
$20 per day |
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15 Calendar Days |
Refrigerated Containers/Tanks
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All Refrigerated Containers/Tanks |
$50 per day |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
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Bahamas: Abaco Islands: Marsh Harbour |
10 Business Days |
General Dry Equipment including Chassis |
All Dry Containers/Trailers |
$20 per day |
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Chassis when used with Shipper owned equipment |
Per Chassis |
$20 per day |
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5 Business Days |
Refrigerated Containers/Tanks including Chassis |
All Refrigerated Containers/Tanks |
$50 per day |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
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Cayman Islands |
12 Calendar Days
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Dry Containers |
All Dry Containers |
$25 per day |
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Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks |
$60 per day
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5 Calendar Days |
Refrigerated Containers |
Per Refrigerated Containers |
$60 per day |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
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Turks & Caicos
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10 Calendar Days
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Dry Containers/Trailers |
All Dry Containers/Trailers |
$25 per day up to 20 days $50 per day > 20 days |
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Open Tops, Rail Trailers, Flat beds, Flat Racks, Tanks |
All Open Tops, Rail Trailers, Flat beds, Flat Racks, Tanks |
$50 per day up to 20 days $100 day > 20 days |
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5 Calendar Days
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Refrigerated Containers/Tanks |
All Refrigerated Containers/Tanks |
$50 per day up to 10 days $100 per day > 10 days |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
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Dominican Republic: Puerto Plata, Caucedo
Charges do not apply to cargo to/from Free Zone in the Dominican Republic |
10 Calendar Days |
Dry Containers |
20 Containers |
$15 per day |
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40X Containers |
$20 per day |
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>40X Containers |
$25 per day |
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5 Calendar Days |
Refrigerated Containers |
Per Refrigerated Container |
$85 per day |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Container |
$100 per day |
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Dominican Republic: Puerto Plata (C) Eff 09/29/2013 |
No Free Time |
Chassis (Dry & Genset) |
Per Chassis |
$10 per day 1-5 days $20 per day 6-10 days $30 per day > 10 days |
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Dominican Republic: Caucedo (A, I) Eff 09/29/2013 |
No Free Time | Dry Chassis | Per Chassis | $30.00 - Charge is in US dollars and does not include local government taxes |
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No Free Time |
Genset Chassis |
Per Genset |
US$135.00 - Charge
is in US dollars and does not include local government taxes |
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Antigua
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12 Calendar Days |
General Dry Containers/Trailers |
20' |
$25 per day |
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40'X or Greater |
$35 per day |
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Specialized Equipment |
20' |
$35 per day |
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40'X |
$50 per day |
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7 Calendar Days |
Refrigerated Containers/Tanks |
20' |
$75 per day |
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40'X |
$100 per day |
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Christmas Trees in Refrigerated Containers |
All |
$100 per day |
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Barbados |
12 Calendar Days |
General Dry Equipment |
20' Container |
$25 per day |
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40X Container |
$35 per day |
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>40'X Container |
$35 per day |
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20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
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40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
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5 Calendar Days |
Refrigerated Containers/Tanks |
20' Reefer |
$75 per day |
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40X Reefer |
$100 per day |
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Christmas Trees in Refrigerated Containers |
Per Reefer |
$100 per day |
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St. Maarten
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12 Calendar Days |
General Dry Equipment |
20' |
$20 per day |
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40'X |
$20 per day |
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Specialized Equipment |
20' |
$20 per day |
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40'X |
$20 per day |
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5 Calendar Days
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Refrigerated Containers Tanks |
20' |
$75 per day |
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40'X |
$100 per day |
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Christmas Trees in Refrigerated Containers |
All |
$100 per day |
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All Other Non-Canadian Ports
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5 Calendar Days
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General Dry Containers/Trailers
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20' Container/Trailer |
$25 per day |
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40'X Container/Trailer |
$35 per day |
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>40'X Container/Trailer |
$35 per day |
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20' Flatrack, Open Top & Specialized Equipment |
$35 per day |
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40' Flatrack, Open Top & Specialized Equipment |
$50 per day |
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3 Calendar Days
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Refrigerated Containers/Tanks
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20' Refrigerated Containers/Tanks |
$75 per day |
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40' X Refrigerated Containers/Tanks |
$100 per day |
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Christmas Trees in Refrigerated Containers |
Per Refrigerated Containers |
$100 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.
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TRINIDAD |
FREE TIME |
EQUIPMENT |
SIZE |
CHARGE |
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Imports |
7 Calendar Days |
Dry and Refrigerated FCL |
All |
First chargeable eight (8) days: $14 per day or part thereof per TEU After first chargeable eight (8) days: $30 per day or part thereof per TEU |
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Exports |
14 Calendar Days |
Dry and Refrigerated FCL |
All |
First chargeable eight (8) days: $14 per day or part thereof per TEU After first chargeable eight (8) days: $30 per day or part thereof per TEU |
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NOTE: |
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