Rule 21 – Detention/Demurrage (Use of Carrier’s Equipment)   

Publication Date: 09/19/2013

Effective Date: 10/20/2013 unless otherwise specified

Through Date:

Expiration Date:

Amendment Code  C, A, I, E

Special Use Number:

Request #: JACBROD374

 

 

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 (C, I, A) Eff 10/20/2013 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. (C, I, A) Eff 10/20/2013
  Exception: No security deposit is required for shipments of Christmas Trees moving between Canada and Puerto Rico (E) Expires 10/20/2013


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 General Dry Equipment

Not Applicable

4 Calendar Days

Refrigerated Containers

All Refrigerated Container

Not Applicable

Canada

2 Calendar Days

Chassis

Per Chassis

$60 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 Dry Containers

Not Applicable

5 Calendar Days

All Refrigerated Containers

All Refrigerated Containers

Not Applicable

2 Calendar Days

Chassis

Per Chassis

$60 per day

Canada cargo exported from Nassau

10 Calendar Days

 

General Dry Equipment

All Dry Containers

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 Containers

All Dry Equipment

Not Applicable

3 Calendar Days

All Refrigerated Containers

All Refrigerated Equipment

Not Applicable

Bahamas: Freeport, Marsh Harbour, Family Islands

5 Calendar Days

General Dry Containers

All Dry Equipment

Not Applicable

3 Calendar Days

All Refrigerated Containers

All Refrigerated Equipment

Not Applicable

5 Calendar Days

Chassis (Used for Shipper owned/leased containers)

All Chassis

Not Applicable

Cayman Islands

5 Calendar Days

All Dry Containers

All Dry Equipment and Tanks

Not Applicable

3 Calendar Days

All Refrigerated Containers and Tanks

All Refrigerated Equipment

Not Applicable

Dominican Republic

 

Charges do not apply to cargo to/from Free Zone in the Dominican Republic

 

5 Calendar Days

All Dry Containers

All Dry Equipment

Not Applicable

3 Calendar Days

All Refrigerated Containers

All Refrigerated Equipment

Not Applicable

Turks & Caicos

5 Calendar Days

All Dry Equipment

All Dry Equipment

Not Applicable

3 Calendar Days

All Refrigerated Equipment and Tanks

All Refrigerated Equipment

Not Applicable

Windward Islands, South America, BVI

 

Trinidad - See also PLIPDECO Storage Rent below

5 Calendar Days

General Dry Equipment

All Dry Equipment

Not Applicable

All Ports Not Otherwise Specified

5 Calendar Days

All Dry Equipment

All Dry Equipment

Not Applicable

3 Calendar Days

All Refrigerated Equipment

All Refrigerated Equipment

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'    Container

$25 per day

40X   Container

$25 per day

>40'X Container

$35 per day

20' Flatrack, Open Top  & Specialized Equipment

$35 per day

40' Flatrack, Open Top  & Specialized Equipment

$50 per day

6 Calendar Days

Refrigerated Containers/Tanks

20'  Reefer

$75 per day

40X Reefer

$100 per day

Christmas Trees in Refrigerated Containers

Per Reefer

$100 per day

St. Lucia: Castries, Vieux Fort

15 Calendar Days

 

General Dry Equipment

20'    Container

$25 per day

40X   Container

$25 per day

>40'X Container

$35 per day

20' Flatrack, Open Top  & Specialized Equipment

$35 per day

40' Flatrack, Open Top  & Specialized Equipment

$50 per day

6 Calendar Days

Refrigerated Containers/Tanks

20'  Reefer

$75 per day

40X Reefer

$100 per day

Christmas Trees in Refrigerated Containers

Per Reefer

$100 per day

Guyana

 

 

 

12 Calendar Days

 

General Dry Equipment

20'    Container

$25 per day

40'X   Container

$35 per day

>40'X Container

$35 per day

20' Flatrack, Open Top  & Specialized Equipment

$25 per day

40' Flatrack, Open Top  & Specialized Equipment

$35 per day

 

 

5 Calendar Days

 

Refrigerated Containers/Tanks

20'  Reefer

$75 per day

40X Reefer

$100 per day

Christmas Trees in Refrigerated Containers

Per Reefer

$100 per day

Trinidad - See also PLIPDECO Storage Rent below

 

12 Calendar Days

General Dry Equipment

20'    Container

$25 per day

40X   Container

$25 per day

>40X Container

$35 per day

20' Flatrack, Open Top  & Specialized Equipment

$35 per day

40' Flatrack, Open Top  & Specialized Equipment

$50 per day

5 Calendar Days

Refrigerated Containers/Tanks

20'  Reefer/Tanks

$75 per day

40X Reefer/Tanks

$100 per day

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

Bahamas: Nassau

 

10 Calendar Days

General Dry Equipment including Chassis

All

$25 per day

Chassis when used with Shipper owned Equipment All

$20 per day

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

5 Calendar Days

Refrigerated Containers/Tanks including dry chassis All $50 per day
Genset Chassis - in addition to Refrigeration demurrage charges listed above All $50 per day

Christmas Trees in Refrigerated Containers

All

$100 per day

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

Bahamas: Freeport

20 Calendar Days

General Dry Equipment including Chassis

All Dry Containers/Trailers

$20 per day

Chassis when used with Shipper owned equipment

Per Chassis

$20 per day

15 Calendar Days

 

Refrigerated Containers/Tanks

 

All Refrigerated Containers/Tanks

$50 per day

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

Bahamas: Abaco Islands: Marsh Harbour

10 Business Days

General Dry Equipment including Chassis

All Dry Containers/Trailers

$20 per day

Chassis when used with Shipper owned equipment

Per Chassis

$20 per day

5 Business Days

Refrigerated Containers/Tanks

including Chassis

All Refrigerated Containers/Tanks

$50 per day

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

Cayman Islands

12 Calendar Days

 

Dry Containers

All Dry Containers

$25 per day

Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks

All Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks

$60 per day

 

5 Calendar Days

Refrigerated Containers

Per Refrigerated Containers

$60 per day

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

Turks & Caicos

 

 

 

10 Calendar Days

 

Dry Containers/Trailers

All Dry Containers/Trailers

$25 per day up to 20 days

$50 per day > 20 days

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

5 Calendar Days

 

Refrigerated Containers/Tanks

All Refrigerated Containers/Tanks

$50 per day up to 10 days

$100 per day > 10 days

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

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

40X   Containers

$20 per day

>40X Containers

$25 per day

5 Calendar Days

Refrigerated Containers

Per Refrigerated Container

$85 per day

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

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

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

No Free Time

Genset Chassis

Per Genset

US$135.00 - Charge is in US dollars and does not include local government taxes
 

Antigua

 

12 Calendar Days

General Dry Containers/Trailers

20'

$25 per day

40'X or Greater

$35 per day

Specialized Equipment

20'

$35 per day

40'X

$50 per day

 

7 Calendar Days

Refrigerated Containers/Tanks

20'

$75 per day

40'X

$100 per day

Christmas Trees in Refrigerated Containers

All

$100 per day

Barbados

12 Calendar Days

General Dry Equipment

20'    Container

$25 per day

40X   Container

$35 per day

>40'X Container

$35 per day

20' Flatrack, Open Top  & Specialized Equipment

$35 per day

40' Flatrack, Open Top  & Specialized Equipment

$50 per day

 

 

5 Calendar Days

Refrigerated Containers/Tanks

20'  Reefer

$75 per day

40X Reefer

$100 per day

Christmas Trees in Refrigerated Containers

Per Reefer

$100 per day

 

St. Maarten

 

 

 

12 Calendar Days

General Dry Equipment 

20' 

$20 per day

40'X

$20 per day

Specialized Equipment 

20'

$20 per day

40'X

$20 per day

 

 

5 Calendar Days

 

 

Refrigerated Containers

Tanks 

20' 

 

$75 per day

40'X

$100 per day

Christmas Trees in Refrigerated Containers

All

$100 per day

All Other Non-Canadian  Ports

 

 

 

 

 

 

 

5 Calendar Days

 

 

 

 

General Dry Containers/Trailers

 

 

 

 

20' Container/Trailer

$25 per day

40'X Container/Trailer

$35 per day

>40'X Container/Trailer

$35 per day

20' Flatrack, Open Top & Specialized Equipment

$35 per day

40' Flatrack, Open Top & Specialized Equipment

$50 per day

3 Calendar Days

 

 

Refrigerated Containers/Tanks

 

20' Refrigerated Containers/Tanks

$75 per day

40' X Refrigerated Containers/Tanks

$100 per day

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.

TRINIDAD

FREE TIME

EQUIPMENT

SIZE

CHARGE

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

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

NOTE:
*Electricity plug in on storage of all Reefer containers will be charged $20 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 delviery basis - Rent charge is applicable up to time of delivery.