RULE: 21.010 - ORIGIN EQUIPMENT USE Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
The shipper's and consignee's use of carrier's containers, with or without chassis or skeletal semi-trailers, is limited to the following: 1. Removal of empty by shipper or shipper's agent from carrier's CY, terminal, depot or designated point for loading, and prompt return of load to the place from which removed unless carrier agrees to accept return at some other location. Shipper pays all expenses to pickup empty, dray, load, and return loaded container to carrier's designated location. All containers so received will move under Bills of Lading claused: "Shipper's load and count." 2. Removal of load by consignee or consignee's agent from carrier's CY, terminal, depot or designated point for unloading, and prompt return of empty to the place from which removed unless carrier agrees to accept return at some other location. Consignee pays all expenses to pickup loaded container, dray, unload and return empty container to carrier's designated location. Shipper, shipper's agent, consignee and consignee's agent assume full responsibility for the safety of the carrier's equipment while in their possession and for its safe return to the carrier. Containers may only be interchanged during the regular working day unless prior arrangements are made for interchange at other times. Work stoppages at a terminal due to labor disputes, extreme weather conditions, or other force majeure situations preventing receipt or delivery of containers shall be excluded from the calculation of equipment free time for the period of the work stoppage. However, equipment whose free time period expired before the work stoppage continues to accrue detention charges. Provisions for equipment free time or detention charges at U.S. origins are subject to carrier's individual interchange agreements and NYK Equipment Interchange Tariff FMC 180 which incorporates such agreements. Provisions for equipment freetime or detention charges at destinations apply to the exclusion of any conflicting provisions in individual interchange agreements with inland carriers or tariffs containing such agreements. No interchange agreement shall contain any provision or term which provides for assessing any charge for the use of carriers' equipment against cargo interests except as provided in this rule.