RULE: 21 - USE OF CARRIER EQUIPMENT - DETENTION AND DEMURRAGE Eff: 21FEB2025
|
Effective |
21FEB2025 |
|
Filed |
21FEB2025 |
|
Filing Codes |
I |
Carrier will provide COL Containers for Shipper use to transport cargo.
However, please note, COL Containers when provided by, or delivered by,
Carrier will be SBJ to the Equipment Detention/Demurrage Charges below in
accordance with all FMC Regulations and subject to the provisions and
charges below. All equipment Detention/Demurrage Charges incurred, while
container or equipment is not in Carrier's direct possession will be solely
for the account of the cargo and Carrier will NOT reduce or absorb any
portion of such charges, except in accordance with FMC Regulations and
Requirements. When such Detention/Demurrage Charges are incurred such
charges will be invoiced to the person, party or company who is responsible
or incurring the charges regardless of whether the shipment status was
prepaid or collect.
1. DEMURRAGE AND DETENTION FREE TIME AND CHARGES:
Detention and Demurrage Free Time and Per Diem Charges will be assessed
per provisions below. Calendar days are defined as excluding weekends,
holidays and days on which the terminal is closed.
a. DEMURRAGE: Demurrage is the time a filled container spends inside
Carrier's designated terminal. This time period is measured from when
the container is offloaded from the vessel, or train, until it is
picked up at the port or rail terminal (i.e. gated out).
IMPORT: Free time will commence on the first calendar day following
complete discharge of the vessel and will end once equipment is
returned to Carrier s Facility or Carrier is notified empty equipment
is ready for pick up.
EXPORT: Free time will commence on the first calendar day following the
release of the equipment by the ocean carrier and will end once
equipment is returned to Carrier s designated facility.
Equipment delivered to Carrier prior to the Free Time period or
Equipment remaining in Carrier's Facility beyond its published sailing
date, through no fault of Carrier, shall be assessed Demurrage.
Demurrage charges will not be applied if through no fault of Shipper,
the Equipment remains at Carrier s Facility after published sail date
or expiration of free time. This includes instances where the
published sail date is changed to a future date or Equipment is rolled
by Carrier to a later voyage.
Once Free time has expired, Demurrage shall apply to and run
continuously on all Equipment remaining at Carrier's Facility and
cease when such Equipment is returned to the port.
b. DETENTION: Detention is the time a container spends outside Carrier's
designated terminal. This time period is measured between the time
Container is picked up at the port, or designated inland terminal,
until it is returned to the Carrier at the port or designated inland
termainal (empty or loaded).
Port Moves: Free time will commence on the first calendar day following
equipment departing the Carrier s facility.
Door Moves: Free time will commence on the first calendar day following
equipment arriving at Customer s facility. A door move is when
Serviport provides the inland service as part of a through
transportation movement.
Once Free time has expired, Detention shall apply to and run
continuously on all Equipment and will cease when returned to
Carrier s designated Facility, picked up from Customer s facility or
once customer advises equipment is empty and ready for pickup.
c. NOTES:
1. In an instance in which container remains undelivered after expiration
of Free Time, the carrier reserves the right to place the cargo in
public storage with all related charges for the account of the cargo.
2. Working or Business days are defined as Monday through Friday
excluding legal Holidays.
3. Upon expiration of free time, all Saturday, Sundays, and legal
Holidays will be subject to the respective charge per day.
4. On Inbound equipment that is re-booked and shipped outbound, in
addition to Inbound Free Time Allowance, Outbound Free Time will
apply.
5. If a legal Holiday falls before the expiration of free time, it is
considered additional free time.
2. DEMURRAGE AND DETENTION CHARGES: Unless otherwise specified Free Time
is in calendar days, excluding weekends, holidays or days in which
terminal is closed.
IMPORT AND EXPORT DEMURRAGE
-----------I-----------------------------------I----------------
CONTAINER I FREE TIME I I CHARGE PER
IN: I IN CALENDAR I EQUIPMENT TYPE I CONTAINER PER
I DAYS I I CALENDAR DAY
-----------I--------------I--------------------I----------------
I 9 I Dry Containers I
Honduras: I I All Types I USD110.00
I I I
I 4 I Reefer Containers I USD110.00
-----------I--------------I--------------------I----------------
I 9 I Dry Containers I
United I I All Types I USD120.00
States: I I I
I 4 I Reefer Containers I USD110.00
-----------I--------------I--------------------I----------------
IMPORT AND EXPORT DETENTION
-----------I-----------------------------------I----------------
CONTAINER I FREE TIME I I CHARGE PER
IN: I IN CALENDAR I EQUIPMENT TYPE I CONTAINER PER
I DAYS I I CALENDAR DAY
-----------I--------------I--------------------I----------------
I 9 I Dry Containers I
Honduras: I I All Types I USD110.00
I I I
I 4 I Reefer Containers I USD110.00
-----------I--------------I--------------------I----------------
I 9 I Dry Containers I
United I I All Types I USD120.00
States: I I I
I 4 I Reefer Containers I USD110.00
-----------I--------------I--------------------I----------------
3. PAYMENTS: Payment of charges are to be in US dollars.
a. Payment for demurrage/detention charges are due upon Carrier s or
Carrier's Agent presentation of invoice for charges accrued under the
provisions of this tariff.
Payments due, more than the 30 (thirty) day period of credit, will be
considered "delinquent". In such an event, the Shipper and/or
consignee, (Hereinafter "Shipper/Consignee") is deemed to be
delinquent in making payment to the Carrier, and such party's 30
(thirty) days credit privileges will be revoked.
b. DISPUTES: Invoice disputes must be submitted within thirty (30)
calendar days of receiving the invoice and sent to Carrier at
OPS_USA@SVL.hn with supporting documentation for the dispute. Include
the below information to expedite resolution:
Invoice number(s) or provide invoice copy, if available
Billing party
Contact information
Contract holder
Reason for dispute i.e., contract terms, service failures, calculation
errors
Any pertinent information, documents, or email communications that
will assist in reviewing the dispute (items such as emails advising
intermodal delays, contract changes, etc.)
c. If a dispute is not received within the 30-day timeframe from receipt
of the applicable invoice, then the applicable invoice will be
considered valid for payment. ServiPort Marine Line (SVL) Corp.
reserves all rights and remedies including those under a service
contract, tariff terms and conditions, and any credit agreement, which
may include but are not limited suspension of credit, legal action,
late fees, and interest. ServPort Marine Line (SVL) Corp. will
attempt to resolve all requests within 30 calendar days of receiving
such a request, or at a later date as agreed upon by both partes.
Table Of Contents
