Rule 21 – Use of Carrier’s Equipment

 

Publication Date: 12/02/2005

Effective Date: 01/01/2006 unless otherwise specified

Through Date:

Expiration Date:

Amendment Code: A, C

Special Use Number:

Request #: SUSPASS303

 

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 of 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, excluding

date of loading or discharge at the rates set forth herein if Carrier’s equipment is not returned to Carrier within the
allowed free time. For purposes of this Rule a "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. Each day or portion thereof shall end at 0800.
 
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.    
Where any Shipper has not returned equipment beyond 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 reasonable advance notice before taking such action. In such situation, 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 per diem storage 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.
 
6.    Carrier will refuse delivery of any containers which has accrued demurrage charges for a period in excess of thirty

(30) days until such demurrage charges have been paid. Shipper may contract for delivery or receive the cargo at Carrier's

Terminal facility when the 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.
 
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 containers 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 Shipper's, 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 .


B. USE OF CARRIER'S EQUIPMENT WITHIN CANADA


1. Free Time:


         a.  Origin Free Time:

 
                i. Dry Equipment:

 

                        a. General Rule: Shippers shall have seven (7) calendar days from the day it receives the Equipment to load

                            and return the equipment to Carrier or Carrier’s agent.

 
                        b. Shippers to Nassau and Freeport shall have ten (10) calendar days from the day it receives the Equipment to

                            load and return the equipment to Carrier or Carrier’s agent.
 
                ii. Refrigerated equipment:

 

                        a. General Rule: Shippers shall have four (4) calendar days from the day it receives the Equipment to load and

                            return the equipment to Carrier or Carrier’s agent.

 

                        b. Shippers from Canada to Nassau shall have five (5) calendar days from the day it receives the

                            Equipment to load and return the equipment to Carrier's to Carrier’s agent

 

                       

                iii.  Exception: Use of chassis in Canada: Shipper shall have two (2) calendar days to return chassis to Carrier or

                     Carrier’s agent.
 

 

        b.  Destination Free Time

 
            i. Dry equipment:

 

                    a. General Rule: Shipper will have seven (7) calendar days from the day after the vessel is discharges at the port of

                        discharge to pick up, unload and return the empty equipment to Carrier or Carrier’s agent.

 

                   b. Shippers in Nassau shall have ten (10) calendar day from the day after the vessel is discharged at the port of discharge

                        to pick up, unload and return the empty equipment to Carrier's terminal.
 
            ii. Refrigerated equipment:

 

                    a. General Rule: Shippers shall have five (5) calendar days from the day after the vessel is discharged at the port of

                        discharge to pick up, to unload and return the empty equipment to Carrier's terminal.

 

                   

C. CALCULATION OF ORIGIN FREE TIME AND DEMURRAGE:

 

1. . Origin free time begins on the day following the delivery of the equipment to the Shipper when the inland transportation is provided by

the Carrier, or the day following release of the equipment to Shipper's inland trucker. Free time expires per the table below 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.

2. Demurrage Charges: For equipment held beyond the Free Time set forth above, the following per diem charges for demurrage will apply.

Free time is calculated separately for each piece of equipment. For example, a container and a chassis will constitute two distinct pieces

of equipment.

 
    a. Canada


            i. Chassis $35 / day per chassis.


D. USE OF CARRIER'S EQUIPMENT IN FOREIGN PORTS

 
1.  Destination Free Time:
   
a. Shippers will have the following calendar days to pick up, unload and return the equipment to the Carrier's facility

commencing 0800 hours following complete discharge of the vessel.

 

Windward Islands, Leeward Islands, French Guiana, Guyana

General Dry Equipment

12 Calendar Days

Refrigerated Containers/Tanks

6 Calendar Days

Trinidad

General Dry Equipment

12 Calendar Days

Refrigerated Containers/Tanks

5 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

Turks & Caicos

Dry Container/Trailers

10 Calendar Days

Refrigerated Containers/Tanks

5 Calendar Days

Cayman Islands

Dry Containers

14 Calendar Days

Refrigerated Containers

14 Calendar Days

Bahamas: Marsh Harbour, Freeport

Dry Container/Trailers

10 Calendar Days

Refrigerated Containers/Tanks

5 Calendar Days

Chassis (Used for Shipper owned/leased containers)

10 Calendar Days

Bahamas: Family Islands

LCL Dry or Refrigerated Palletized Cargo

5 Calendar Days

Dry Container/Trailers

10 Calendar Days

Refrigerated Containers/Tanks

5 Calendar Days

Chassis (Used for Shipper owned/leased containers)

10 Calendar Days

All Other Non- U.S. Ports

Dry Container/Trailers

5 Calendar Days

Refrigerated Containers/Tanks

3 Calendar Days


b. Origin Free Time - Shipper will have five (5) calendar days for dry equipment, and three (3) calendar days for refrigerated

or tank containers from the date an empty container is received by it or its agent, to load and return the equipment to

Carrier's facility, commencing on the date following dispatch to the Shipper or its Agent.


    2. Demurrage Charges upon expiration of Free Time:  

All Ports Not Otherwise Specified

Christmas Trees in Refrigerated Containers

$100.00 / day

Bahamas: Nassau
 

Dry Container/Trailer

$20.00 / day

Refrigerated Container/Tank

$50.00 / day

Chassis (Used for Handling Shipper Owned Containers)

$5.00 / day

Bahamas: Family Islands, Marsh Harbour

Dry Container/Trailer

$50.00 / day

Refrigerated Container/Tank

$50.00 / day

Chassis (Used for Handling Shipper Owned Containers)

$50.00 / day

Turks & Caicos

Dry Containers

$25 / day up to 20 days
$50 / day >20 days

Refrigerated Container

$50 / day up to 10 days
$100 / day >10 days

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

$50 / day up to 20 days
$100 / day >20 days

Freeport, Bahamas

Dry Container/Trailers

$50.00 / day

Refrigerated Container

$50.00 / day

Chassis (Used for Handling Shipper Owned Containers)

$50.00 / day

Cayman Islands

Dry Container

$20 / day up to 7 days
$40 / day >7 days

Refrigerated Container

$60 / day up to 7 days
$100 / day >7 days

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

$60 / day up to 7 days
$120 / day >7 days

Dominican Republic

Dry Containers

$25.00 / day

Refrigerated Container

$125.00 / day

Windward Islands, Leeward Islands, French Guiana, Guyana

General Dry Equipment

20 Container

$25 / day

40'X Container

$35 / day

>40'X Container

$35 / day

20' Flatrack, Open Top & Specialized Equipment

$35 / day

40' Flatrack, Open Top & Specialized Equipment

$50 / day

Refrigerated Equipment

20' Container

$75 / day

40' X Container

$100 / day

 

 

B