Rule 21 – Use of Carrier’s Equipment

 

Publication Date: 06/21/2011

Effective Date: 06/21/2011 unless otherwise specified

Through Date:

Expiration Date:

Amendment Code - E

Special Use Number:

Request #: JACBROD238

 

 

A. GENERAL RULES:  
 

1.    Demurrage is a per diem charge applicable to Shipper’s use of Carrier's equipment beyond the free time allowed under

this Rule.  For purposes of this Rule 21, the term “Shipper” shall mean the Shipper, the Consignee or any person acting for

or on behalf of the Shipper or Consignee. For purposes of this Rule 21, the term “equipment” shall mean 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. 


2.    Carrier will charge demurrage for each calendar day or fraction thereof including weekends and holidays, if Carrier’s

equipment is not returned to Carrier within the allowed free time. For purposes of this Rule the first "day" shall be such period

of time commencing at 0800 the day after vessel discharge for import containers at destination and commencing at 0800 the

day after container interchange to Shipper for export containers at origin. Free time expires per the tables in Sections B and C,

at which point daily per diem charges begin to accrue until the equipment is returned to Carrier's terminal or when equipment

is picked up by Carrier's inland trucker.

 
3.    With respect to 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.

 
4.   In the event the Carrier establishes equipment pools, the demurrage 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.
 

5.    In the event the Shipper has not returned equipment within thirty (30) calendar days, the Carrier will have the right to retrieve

the equipment whether loaded or unloaded. Carrier will provide shipper/consignee as well as appropriate Governmental Authorities

advance notice before taking such action. In such situations, all additional expenses incurred, such as trucking, handling, per

diem demurrage, per diem storage, or disposal of cargo will be for the account of the Shipper.
 
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 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/chassis to guarantee payment of anticipated demurrage prior to the future release of any additional Carrier 

               equipment to the Shipper will be collected.
 

6.    Carrier will refuse delivery of any equipment which has accrued demurrage charges for a period in excess of thirty (30) days

until such demurrage charges have been paid. 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.


7.    Carrier will decline to furnish equipment for shipments of any cargo in instances where the Shipper or Consignee for such

shipments is holding Carrier's equipment beyond the free time provided in this tariff, except where the failure to return equipment

during the free time is caused by Carrier’s action or inaction.

 
8.    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 demurrage charges or other charges

not governed by this Rule shall be covered by the provisions of the Equipment Interchange Agreement.

 
9.    A security deposit of $2000 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 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 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 other charges. Any funds remaining after settling these charges will be returned to the party that provided the security deposit.

 

10.  For equipment held beyond the Free Time, per diem charges for demurrage will apply as set forth below. Demurrage and

Free time is calculated separately for each piece of equipment.

 
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

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 (except St. Lucia, Trinidad)

 

Leeward Islands (except Antigua), 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

21 Calendar Days

General Dry Equipment

20'    Container

$25 /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

Trinidad

12 Calendar Days

General Dry Equipment

20'    Container

$25 /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

Dry Containers/Trailers

All Dry Containers/Trailers

$20 per day

Chassis (Used for Shipper owned/leased containers)

Per Chassis (Used for Shipper owned/leased containers)

$5 per day

5 Calendar Days

Refrigerated Containers/Tanks

 

All Refrigerated Containers/Tanks

 

$50 per day

 

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

Bahamas: Freeport, Marsh Harbour, Family Islands

10 Calendar Days

Dry Containers/Trailers

All Dry Containers/Trailers

$50 per day

Chassis (Used for Shipper owned/leased containers)

Per Chassis (Used for Shipper owned/leased containers)

$50 per day

5 Calendar Days

Refrigerated Containers/Tanks

 

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

Dominican Republic

 

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 Containers

$85 per day

Christmas Trees in Refrigerated Containers

Per Refrigerated Container

$100 per day

No Free Time

Chassis

Per Chassis

$10 per day 1-5 days

$20 per day 6-10 days

$30 per day > 10 days

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

Antigua (E)

Expires 06/21/2011

 

 

 

 

 

 

12 Calendar Days

 

 

Dry Equipment

 

 

 

 

20'

$25 per day

40' or Greater

$35 per day

20' Specialized Equipment

$35 per day

40' Specialized Equipment

$50 per day

5 Calendar Days

 

 

Refrigerated Equipment

 

20' Refrigerated Containers

$75 per day

40' Refrigerated Containers

$100 per day

Christmas Trees in Refrigerated Containers

20' or 40' Refrigerated Containers

$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