Rule 21 – Use of Carrier's Equipment

 

Publication Date: 09/20/2004

Effective Date: 09/20/2004

Through Date:

Expiration Date:

Amendment Code: I

Special Use Number:

Request #: SUSPASS33

 

A. GENERAL RULES:  

1.     Detention is applicable to Carrier's equipment when it is not in Carrier's possession. 

2.    Carrier will assess detention charges per day or fraction thereof at the rates listed if container is not on-carried or returned within the 

allotted free time. Detention charges will be assessed on each calendar day or fraction thereof including weekends and holidays, excluding 

date of sailing. A "Day" shall be such period of time commencing with the interchange of equipment and ending at 12:00 midnight, but in no 

event shall extend for more than 24 hours.  Each day thereafter begins at 12:00 midnight and ends 24 hours later at 12 midnight.

 

3.    Where any Shipper, Consignee, or their Agent retains a container beyond thirty (30) days, the Carrier will have the right to retrieve the 

equipment whether in a loaded or unloaded condition. Detention charges will remain for the account of the cargo.

 

4.   With respect to application of this Rule, when the same container is unloading and reloading at the same location, each operation shall be

considered independent of the other.

 

5.   In the event the Carrier establishes equipment pools, the detention 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.

 

6.    In the event the Shipper or Consignee, or their Agent is delinquent on demurrage or detention charges 30 days beyond the date of the 

equipment's arrival at the port, the Shipper or Consignee shall, until such delinquency is removed, be subject to the following provisions:

            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 / trailer must be deposited

                 with the carrier’s authorized agent, to guarantee payment of anticipated demurrage / detention / storage, prior to the future release of carrier’s

                 equipment to the consignee. 

 

7.    Carrier reserves the right to refuse delivery of any container which has accrued storage/demurrage charges. A Consignee or their Authorized Representative

may contract for delivery or receive the cargo at Carrier's Terminal facility when the storage/demurrage obligations have been satisfied. 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.

 

8.    Carrier reserves the right to decline to furnish equipment for shipments of any cargo in instances where the Shipper or Consignee for such 

shipments is holding Carrier's containers beyond the free time provided in this tariff, except where equipment held beyond the free time has been 

made available by the Shipper or Consignee and the Carrier has been unable to provide a bogie/chassis to remove the equipment.

 

9.   For the purposes of this rule, the term "equipment" shall be defined as  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. In all cases the term "containers" 

or "trailers" are interchangeable with the word and definition of "equipment".

 

10.    Standard Equipment Interchange Agreement: The Carrier's Equipment  Interchange Agreement is to be used with respect to interchange of 

Carrier's equipment to Shipper's, Consignees, and their respective Agents. All storage and detention charges are without exception, pursuant 

to the provision of this Rule.

 

11.    A security deposit of $1000 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 known business. The security deposit will be held by the Carrier and shall be used to cover detention

expenses should the equipment fail to return in the allotted free period. Should the container be returned to the Carrier within the allotted free period the Carrier

will return the entire security deposit to the party that provided the security deposit. Should the container fail to return to the Carrier within the allotted free period the

Carrier will use the proceeds of the security deposit against any detention charges. Any funds remaining after settling the detention charges will be returned to the

party that provided the security deposit.

 

 

B. USE OF CARRIER'S EQUIPMENT WITHIN THE UNITED STATES AND CANADA

1. Free Time:

 

    a. Loading -

i. Dry equipment/Flat Racks: Shipper or Agent will have a 7 calendar day period including weekends and holidays to load and return the equipment to Carrier's terminal. 

Export shipments to Nassau and Freeport shall have a 10 calendar day period to load and return the equipment to Carrier's terminal.

 

ii. Refrigeration equipment shall have a 4 calendar day period to load and return the equipment. Export shipments to Nassau shall have a 5 calendar day period to load

and return the equipment to Carrier's terminal.

        * Exception: Use of chassis in Canada - shipper shall have 2 free days to return chassis to Carrier's Terminal

 

    b. Unloading -

i. Dry equipment/Flat Racks: Consignee or Agent will have a 7 calendar day free period including weekends and holidays to unload and return the empty equipment

to Carrier's terminal. Import shipments from Nassau shall have a 10 calendar day period to unload and return the empty equipment to Carrier's terminal.

 

ii. Refrigerated equipment shall have a 5 calendar day free period to to unload and return the empty equipment to Carrier's terminal.

    c. Computing Time - Free time for loading begins day following the delivery of the equipment to the Shipper when the inland transportation is

    provided by the Carrier, or day following release of the equipment to Shipper's inland trucker. Free time ends when the equipment is returned to

    Carrier's terminal or when equipment is picked up by Carrier's inland trucker.

 

* Exception: Use of chassis in Canada - shipper shall have 2 free days to return chassis to Carrier's Terminal

 

2. Detention Charges: For equipment held beyond the Free Time stipulated above the following detention charges will apply.

a. Canada

    i. Chassis $35 per day per chassis.

 

 

C. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS

1.  Free Time:

    

a. Unloading - Consignee will have the following calendar days free period to unload and return the equipment to the Carrier's facility commencing 8:00 a.m. the day after vessel arrival.

 

 

St Maarten Dry Container/Trailers 10 Calendar Days
Refrigerated Containers/Tanks 3 Calendar Days
St Kitts Dry Container/Trailers 5 Calendar Days
Refrigerated Containers/Tanks 5 Calendar Days
St Lucia Dry Container/Trailers 13 Calendar Days
Refrigerated Containers/Tanks 7 Calendar Days
Anguilla Dry Container/Trailers 5 Calendar Days
Refrigerated Containers/ 6 Calendar Days
Tank Container 3 Calendar Days
Nassau Dry Container/Trailers

10 Calendar Days

Refrigerated Containers/Tanks

5 Calendar Days

Chassis (Used for Handling of Shipper Owned Containers) 10 Calendar Days
Cayman Island  Dry Container/Trailers 5 Calendar Days
Refrigerated Containers/Tanks 5 Calendar Days
Bahamas: Long Island, San Salvador, Exuma, Little San Salvador El Salvador, Cat Island Dry Container/Trailers 10 Calendar Days 
Refrigerated Containers/Tanks 5 Calendar Days
Chassis (Used for Shipper owned/leased containers) 10 Calendar Days
All Other Ports Dry Container/Trailers 5 Calendar Days
Refrigerated Containers/Tanks 3 Calendar Days

     

b. Loading - Shipper or their Agent will have a 5-day free period for dry equipment, and a 3-day free period for refrigerated or tank containers to load and return the equipment to Carrier's facility, commencing on the date following dispatch to the Shipper or Agent.

    2. Detention Charges: Container Not in Carrier's Possession

 

 

All Ports Not Otherwise Specified

Christmas Trees in Refrigerated Containers

When Free Time exceeded

$50.00 per day

Bahamas: Nassau

Bahamas: Long Island, San Salvador, Exuma, Little San Salvador, El Salvador, Cat Island

Dry Container/Trailer When Free Time exceeded  $20.00 per day
Refrigerated Container/Tank $50.00 per day
Chassis (Used for Handling Shipper Owned Containers) $5.00 per day
Cayman Islands Dry Container/Trailers When Free Time exceeded  $15.00 per day
Refrigerated Container $60.00 per day
Open Tops, Rail Trailers, Flat Beds, Flat Racks, Tanks $60.00 per day
Puerto Plata, Dominica Republic Dry Containers When Free Time exceeded  $25.00 per day
Refrigerated Container $125.00 per day

 

Nassau Only – Storage Charges:

            Warehouse storage charges shall be imposed upon the expiration of free time. 

A.  Less than container load cargo (LCL): $5.00 per cubic ton, per week (or fraction thereof)

B.  Autos / Non Commercial Trucks: $20.00 per week (or fraction thereof)

C.  Commercial Vehicles: $50.00 per week (or fraction thereof)

D.  Full Container loads stripped and placed in warehouse; same charge as detention.

Nassau Only – Computing Time:

            A.  Inbound Loads: First 8:00 A.M. following complete discharge of vessel or arrival of trailer(s) at destination terminal.        

            B.  Outbound Loads: First 8:00A.M. following removal of trailer(s) from Carrier’s premises.