RULE: 23.11 - STOR - STORAGE CHARGES - LCL Eff: 13APR2024

Effective 13APR2024
Filed 14MAR2024
Filing Codes CA

Control No. 24-01229
  
Except as otherwise provided on individual web rate pages (TLIs), when, due
to no fault, negligence or error on the part of the Carrier, an LCL
Shipment is held at Carrier's nominated origin or destination CFS,
warehouse or terminal beyond the Free Time specified herein because:
  
 1. Shipper's instructions, documentation, clearance, release, or
     Cargo markings (See Rule 2.9) have not been provided or received; or
  
 2. Cargo is held at the request of a Shipper; or
  
 3. Cargo is held because of Consignee's refusal or inability to accept
     it; or
  
 4. Cargo is held while awaiting Consignee's delivery instructions,
     customs clearance, or import documentation; or
  
 5. Carrier cannot locate Consignee; or
  
 6  of any reason not ascribable to the Carrier,
  
and as a result the Cargo remains in Carrier's nominated CFS, warehouse
or terminal, beyond the specified Free Time, such LCL shipment will be SBJ
to the terms and provisions named herein and will be SBJ to the per Diem
STORAGE CHARGES (STOR) provided.  STOR Charges shall shall be in additional
to all other applicable charges.
  
a. For purposes of this Rule, except as otherwise provided, the term
   "Shipper" shall mean the Shipper, the Consignee or any person
   acting for or on behalf of the Shipper or Consignee. 
  
b. Per Diem storage Charges are applicable when cargo is held in
   Malvar's possession beyond the applicable origin or destination
   free time period and is a charge relating to use of the terminal
   or storage location.
  
c. When a shipment is held beyond the allotted Free Time due to a
   request by the Shipper, the Shipment will begin to incur per diem
   STOR Charges on the day following the expiration of Free Time (as
   shown below).  Free Time will commence as of the day Cargo is
   received at origin CFS/terminal or storage location, regardless of
   when Shipper requests Cargo is to be held.
  
d. In the event Shipper fails to provide the proper export
   documentation and/or proper marking by the end of the allotted Free
   Time, Malva will assess storage Charges, following the expiration of the
   appropriate Free Time as indicated, until documentation and release is
   received by Caribtrans or until Shipper provides proper cargo marking
   instructions as required in in Rule 2.9.
  
e. Per Diem storage Charges on Shipments being exported, when applicable,
   will be assessed per each calendar day, or fraction thereof, up to date
   of sailing but not including sailing day.
  
f. Malvar will refuse to deliver or release any Cargo which has accrued
   storage Charges if such Charges have not been paid.  Shipper may
   contract for delivery, or receive the cargo at Malvar's terminal
   facility, when, and only when, the per diem storage Charges have been
   paid in full. 
  
g. Perishable goods, or goods which are susceptible to damage
   through temperature changes or other causes incident to storage,
   will be accepted for storage solely at Shipper's/Consignee's risk
   and Shipper/Consignee shall indemnify and hold Malvar harmless
   from any and all liability and expense for such damages that might
   result from storage conditions unless such damage is caused by the
   negligence of Malvar.
  
h. After the expiration of the allowed Free Time provided herein, Malvar
   is under no obligation to store Cargo at its nominated CFS location and
   such Cargo may be considered abandoned and removed from Malvar's
   facility.
  
i. Malvar will notify the Shipper, on or before, the date storage Charges
   begin to accrue. Should Malvar fail to meet this obligation, Malvar
   shall waive storage charges up to the day of notification. 
  
j. REFUSED OR UNCLAIMED CARGO:
  
  1. If cargo cannot be delivered because of the Consignee's refusal or
     inability to accept it or because Malvar cannot locate Consignee,
     Malvar will make a diligent effort to notify the Shipper/Consignor
     accordingly.
  
  2. If Malvar is not given satisfactory disposition instructions by the
     Shipper/Consignor, or if satisfactory financial guarantees for payment
     of all charges due are not made, after Malvar has provided notice of
     Cargo's status as unclaimed or refused, within six months of cargo
     receipt at Malvar's facility, Malvar will consider the cargo abandoned
     and it will be removed from Malvar's facility for disposal.
  
k. PER DIEM STORAGE CHARGES:
  
  1. LCL SHIPMENTS:
     LCL shipments moving FROM, TO or THRU Ports and Points in the United
     States and the Ports and Points named in Rules 1.3 and 1.4, will be
     SBJ to the applicable LCL Per Diem STOR Charge below when cargo 
     remains at Carrier's nominated origin or destination CFS, warehouse or
     terminal beyond the Free Time specified:
  
      FREE TIME A                STORAGE CHARGE PER         MINIMUM
       SHIPMENT      CURRENCY     CFT/CWT PER EACH          CHARGE
         CAN                         CALENDAR             Per Shipment
      REMAIN AT                  DAY (or fraction      Per Calendar Day
     CARRIER'S CFS                 thereof) AFTER      (or fration therof)
                               EXPIRATION OF FREE TIME  AFTER FREE TIME 
                                                          HAS EXPIRED 
     -------------------------------------------------------------------
  
{CA}  30 Calendar       USD      0.12/CFT or 0.25/CWT        50.00
       Days                     (whichever is greater)
   
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