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
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{CA} 30 Calendar USD 0.12/CFT or 0.25/CWT 50.00
Days (whichever is greater)
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