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

Publication Date: 07/24/2018

Effective Date: 09/02/2018 unless otherwise specified

Through Date:

Expiration Date:

Amendment Code  E, A, I, C

Special Use Number:

Request #: SHEDARL620, JARTHOM72

 

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

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 ORIGIN (C) 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

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

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

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

3 Calendar Days

Refrigerated Equipment

All

Not Applicable

 
 

 

DETENTION/DEMURRAGE (USE OF CARRIER'S EQUIPMENT) FOREIGN DESTINATION PORTS EXCEPT CANADA  (A, I) Effective 09/02/2018

Bahamas: Freeport

 

15 Calendar Days

 

General Dry Equipment including Chassis

All

 $35 per day 

Chassis When Used with Shipper Owned Equipment

All

 $35 per day 

30 Calendar Days

Drydock: General Dry Equipment, Flatracks only including Chassis, or

Chassis when used with Shipper Owned Equipment

All

 

$30 per day up to 60 Calendar Days

$70 per day over 60 Calendar Days

10 Calendar Days Refrigerated Equipment/ Tanks including Chassis

All

$70 per day  
Christmas Trees in Refrigerated Equipment

All

$110 per day

4 Calendar Days

Refrigerated Equipment/ Tanks including Chassis –Generator Usage Surcharge All

$150 per day per unit additional charge will be assessed for generator usage on reefers that are left at the terminal more than 24 hours. Charge to be billed on a separate invoice and is in addition to demurrage charges above.

 

DETENTION/DEMURRAGE (USE OF CARRIER'S EQUIPMENT) FOREIGN PORTS EXCEPT CANADA  (E) Expires 09/02/2018

FOREIGN DESTINATION PORTS

FREE TIME

EQUIPMENT

SIZE

CHARGE

Bahamas: Freeport

 

20 Calendar Days

 

General Dry Equipment including Chassis

All

 $30 per day 

Chassis When Used with Shipper Owned Equipment

All

 

$30 per day 

30 Calendar Days

Drydock: General Dry Equipment, Flatracks only including Chassis, or

Chassis when used with Shipper Owned Equipment

All

$25 per day up to 60 Calendar Days

$60 per day over 60 Calendar Days

15 Calendar Days Refrigerated Equipment/ Tanks including Chassis

All

$60 per day  
Christmas Trees in Refrigerated Equipment

All

$110 per day

4 Calendar Days

Refrigerated Equipment/ Tanks including Chassis –Generator Usage Surcharge All

$60 per day 

Additional charge will be assessed for generator usage on reefers that are left at the terminal more than 4 Calendar days. Charge is in addition to demurrage charges above

   

 

DETENTION/DEMURRAGE (USE OF CARRIER'S EQUIPMENT) FOREIGN DESTINATION PORTS EXCEPT CANADA 

FOREIGN DESTINATION PORTS

FREE TIME

EQUIPMENT

SIZE

CHARGE

 

 

Guyana,

Leeward Islands,

Windward Islands

*Trinidad - See also PLIPDECO Storage Rent below

 

 

12 Calendar Days

General Dry Equipment 

20' 

$70 per day  

40'X

$110 per day  

>40'X

$110 per day 

Specialized Equipment 

20'

$175 per day  

40'X

$175 per day  

6 Calendar Days

Refrigerated Equipment 

20' 

$160 per day  

40'X

$160 per day  

Christmas Trees in Refrigerated Equipment  

All

$160 per day  

Bahamas:

Abaco Islands: Marsh Harbour

 

10 Business Days

General Dry Equipment including Chassis

All

 

$30 per day 

Chassis When Used with Shipper Owned Equipment

All

 

$30 per day 

5 Business Days

Refrigerated Equipment/ Tanks including Chassis

All

 

$60 per day 

 

Christmas Trees in Refrigerated Equipment 

All

 

$110 per day 

Abaco Islands: Elbow Cay, Great Guana Cay, Man O'War Cay, Scotland Cay

 

 

20 Business Days

General Dry Equipment including Chassis

All

 

$30 per day

Chassis When Used with Shipper Owned Equipment

All

 

$30 per day  

15 Business Days

Refrigerated Equipment/ Tanks including Chassis

All

 

$60 per day

 

Christmas Trees in Refrigerated Equipment

All

 $110 per day

Bahamas:

Nassau

(A) Effective 09/02/2018

10 Calendar Days

General Dry Equipment including Chassis

All

$35 per day from the 11th to the 30th day 

$40 per day from the 11th to the 30th day (A)

 

$100 per day thereafter  

$125 per day thereafter (A)

Chassis When Used with Shipper Owned Equipment

All

 

$35 per day from the 11th to the 30th day 

 

$100 per day thereafter 

 

5 Calendar Days

Refrigerated Equipment/ Tanks including dry Chassis

All

$60 per day 

$75 per day (A)

Genset Chassis - in addition to Refrigeration demurrage charges listed above

All

  

$60 per day 

Christmas Trees in Refrigerated Equipment

 

All

 

$100 per day 

20 Calendar Days

Dry or Refrigerated Carrier's 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 charges listed above.

All

$35 per day  

 

British Virgin Islands – Tortola Only

12 Calendar Days

General Dry Equipment 

20' & 40X

$35 per day  

>40'X

$45 per day  

Specialized Equipment 

20'

$60 per day  

40'X

$75 per day  

6 Calendar Days

Refrigerated Equipment 

20' 

$85 per day  

40'X

$110 per day  

Christmas Trees in Refrigerated Equipment  

All

$110 per day  

British Virgin Islands - Virgin Gorda

15 Calendar Days

General Dry Equipment 

20' & 40'X

$35 per day

>40'X

$45 per day

Specialized Equipment 

20'

$60 per day 

40'X

$75 per day 

6 Calendar Days

Refrigerated Equipment 

20' 

$85 per day 

40'X

$110 per day

Christmas Trees in Refrigerated Equipment 

All

$110 per day

Cayman Islands

 

12 Calendar Days

General Dry Equipment

20'

 

$35 per day  

40'X

$70 per day

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

20'

$85 per day

40'X

$85 per day

5 Calendar Days

Refrigerated Equipment

20'

$70 per day  

40'X

$110 per day

Christmas Trees in Refrigerated Equipment

All

$110 per day  

Dominican Republic:  Caucedo

 

7 Calendar Days

General Dry Equipment 

20'

 

$45 per day up to 15 days, $60 per day thereafter

40'X

 

$60 per day up to 15 days, $80 per day thereafter

>40'X

 

$60 per day up to 15 days, $80 per day thereafter

5 Calendar Days

Specialized Equipment

All

$120 per day up to 15 days, $200 per day thereafter

Refrigerated Equipment 

All

 

$120 per day up to 15 days, $200 per day thereafter

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

Genset Chassis

All

$145 per day per Genset

Charge is in US Dollars and does not include local government taxes

Dominican Republic: Puerto Plata

 

 

7 Calendar Days

General Dry Equipment 

20'

 

$30 per day

40'X

 

$50 per day

>40'X

 

$50 per day

5 Calendar Days

Specialized Equipment

All

 

$150 per day

Refrigerated Equipment 

All

 

$150 per day

Christmas Trees in Refrigerated Equipment 

All

$110 per day 

No Free Time Chassis (Dry & Genset)

All

 

$20 per day up to 5 days

$30 per day from the 6th thru the 10th day 

$40 per day thereafter

Turks & Caicos

10 Calendar Days

Dry Equipment/Trailers

All

 

$35 per day up to 20 days  

 

$60 per day thereafter 

Specialized Equipment

All

 

$75 per day up to 20 days 

 

$125 per day thereafter

5 Calendar Days

Refrigerated Equipment/ Tanks

All

 

$60 per day up to 20 days 

 

$110 per day thereafter 

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.

* If Shipper requests Carrier's rehandling of container which results in container having to be repositioned by PLIPDECO the following charges shall apply:
Positioning/Repositioning of Container ……….$100.00 Per container per occurrence