RULE: 21 - USE OF UNDERLYING CARRIER, LEASED OR SHIPPER OWNED EQUIPMENT Eff: 10DEC2021
|
Effective |
10DEC2021 |
|
Filed |
10NOV2021 |
|
Filing Codes |
C |
Control No. 21-04832
Carrier does not own or lease ocean container equipment. When such
equipment is provided to a Shipper, Consignee and/or their agent by
a Vessel Operating Common Carrier or a Container leasing Company, Carrier
will pay any and all Container Demurrage or Detention Charges incurred in
the Grand Cayman Islands. Carrier's third party agent will invoice the
charges below to the party responsible for incurring such charges, which
charge shall be in addition to all other applicable charges. Additionally
any Shipper Owned or leased Equipment (SOL) will be SBJ to the Demurrage
Charges below when Demurrage Charges are incurred.
A. GENERAL RULES GOVERNING DETENTION/DEMURRAGE:
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 any ocean container (dry or refrigerated), trailer (dry or
refrigerated), specialized equipment (flat rack, flat bed, platform,
open top, tank or other 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.
B. DEMURRAGE:
Demurrage is defined as: Equipment remaining on Port Terminal Facilities
in the Grand Caymans beyond the Free Time specified in Paragraph D.
herein. Equipment which remains on Port Terminal Facilities beyond the
specified Free Time will incur the Demurrage charges specified in
Paragraph D. Demurrage is a per diem charge applicable to VOCC
Equipment, leased transporting equipment or Shipper owned equipment.
Demurrage applies for each calendar day, or fraction thereof, including
weekends and holidays.
Free Time on Import shipments: the first Free Time "day" starts on the
next calendar day after vessel discharge. Free Time is defined as: The
time period equipment can remain at the Port Terminal Facilities after
vessel discharge without incurring Demurrage Charges. Equipment
remaining on the Port Terminal Facilities beyond the Free Time for any
reason other than Carrier's discretion will incur Demurrage charges.
Free Time will be calculated separately for each piece of equipment.
Free time shall be as specified in Paragraph D. below. Upon expiration
of Free Time, Demurrage charges will accrue daily. Equipment placed on
hold by any Governmental Agency shall receive additional Free Time
commensurate with the Government hold, not to exceed 7 calendar days.
Payment for all charges accrued is due upon presentation of invoices by
Carrier's nominated collection agent. Payment will be collected by
Carrier's authorized agent.
Carrier will refuse delivery of any equipment that has accrued Demurrage
charges for a period in excess of thirty (30) days until such charges
have been paid in full. Additionally should Consignee wish to receive
the cargo at the Carrier's terminal facility, all applicable handling
charges will apply which shall be in addition to all other rates and
charges named herein. Cargo owner will still be responsible for payment
of all outstanding charges including but not limited to Demurrage
charges.
In the event a Consignee has failed to pay Demurrage charges within 30
days of the date of any invoice for Demurrage, Carrier may refuse to
allow the Consignee to remove the equipment from the Port/Marine
Terminal Facilities at which the equipment was discharged. Cargo Owner may
arrange to take possession of the cargo at the Port/Marine terminal by
unloading it from the equipment, subject to payment in cash at that
time. Payment of all charges applicable for stripping and/or
unloading must be made to the Carrier or his authorized agent prior to
taking possession of the cargo.
C. DETENTION (Applies ONLY on Underlying Carrier Equipment):
Detention is defined as: When underlying Carrier's Equipment is detained
beyond an agreed period of time. When is incurring detention, the equipment
is not in the Caribtran's possession. Detention is a per diem charge
applicable to Shipper's use of underlying Carrier's equipment beyond the
allotted free time.
Deluxe Freight will charge Detention charges for each calendar day including
weekends and holidays if equipment is not returned to Carrier's specified
facility or other specified location, within the allowed free time.
On Import shipments: the first "day" starts the next calendar day after
vessel discharge;
Free Time is defined as: An agreed period of time a shipper has for
container pick up, unload or load and return of equipment to underlying
Carrier or Carrier's Agent. Free time expires per the tables below at
which point daily charges will accrue until the equipment is returned to
underlying Carrier or Carrier's Agent. Free Time is calculated separately
for each piece of equipment.
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.
In the event the equipment has not been returned within 30 calendar days,
the Carrier will have the right to retrieve, or authorize the retrieval
of, 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
expense incurred such as trucking, handling, detention/demurrage charges,
storage or disposal of cargo will be for the account of the cargo.
In the event the underlying Carrier establishes equipment pools, the
detention 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 underlying Carrier's port terminal nearest
to the equipment pool.
Payment for all charges is due upon presentation of invoices for charges
accrued. Payment will be collected by the Deluxe Freight or its
authorized agent.
Carrier will refuse delivery of any equipment which has accrued detention
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. Cargo owner will still be
responsible for payment of all outstanding charges including but not
limited to detention charges.
Carrier will decline to furnish equipment for shipments of any cargo in
instances where the account for such shipments is holding underlying
Carrier's equipment beyond the free time provided except where the
failure to return equipment during free time is caused by a Carrier's
action or inaction.
Unless otherwise agreed in a confidential service agreement with the
underlying Carrier, in the event a Shipper or Consignee has failed to pay
detention charges within 30 days of the date of any invoice for
detention, Carrier may refuse to allow the Consignee to remove underlying
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 unloading it from underlying Carrier's
container into consignee's own container, subject to payment in cash of
such charges as may be applicable at the marine terminal where such
stripping and stuffing occurs.
D. DETENTION/DEMURRAGE FREE TIME AND CHARGES:
IMPORTS TO: FREE TIME EQUIPMENT TYPE SIZE CHARGE
IN USDs
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Cayman
Islands: 12 Calendar Days General Dry: 20FT 35 per day
40FT 70 per day
HC40FT 70 per day
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Open Top, Rail
Trailers, Flat 20FT 85 per day
Beds, Flat 40FT 85 per day
Racks, Tanks:
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5 Calendar Days Refrigerated 20FT 70 per day
Equipment: 40FT 110 per day
HC40FT 110 per day
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