RULE: 23.080 - CARGO FREE TIME AND DEMURRAGE AT DESTINATION Eff: 05MAR1999
| Effective | 05MAR1999 |
|---|---|
| Filed | 03FEB1999 |
| Filing Codes | I |
Work stoppages at a terminal due to labor disputes, extreme weather conditions, or other force majeure situations preventing discharge or delivery of cargo or containers shall be excluded from the calculation of cargo free time for the period of the work stoppage. Cargo whose free time period expired before the work stoppage began continues to accrue demurrage charges. Carrier is not responsible for delays in delivering cargo or containers and any cargo demurrage charges that accrue are for the account of the cargo. After expiration of cargo free time, cargo may be warehoused, sold or held in carrier's container subject to the carrier's lien for charges including accumulated cargo demurrage charges and those charges incidental to placing the goods in storage or of selling the goods as the case may be. With respect to cargo in carrier's containers for CY delivery at port of destination, the carrier also has the option, after the expiration of 48 hours notice to consignee, to discharge cargo from the containers and transfer the cargo to the carrier's CFS at the risk and expense of the consignee, said expense to be the CFS charge provided in Rule 23-070. Such cargo shall immediately be subject to cargo demurrage charges as applicable to CFS cargo in accordance to the provisions in this rule. Cargo free time shall be as indicated in the below destination sub-rules. Unless otherwise specified in destination sub-rules, cargo free time commences at midnight of the day vessel completes discharge at destination port. When a single Bill of Lading covers cargo arriving on separate vessels, cargo free time commences at midnight on the day the vessel delivering the final lot covered by that Bill of Lading completes discharge. For exceptions and days excluded from the calculation of cargo free time period, see destination sub-rules. Multiple container provisions apply depending on the number of containers of cargo rated under the same commodity item number, discharged from the same vessel, consigned to one consignee regardless of the number of Bills of Lading. After the expiration of the free time, demurrages charges will be assessed on the cargo and/or container as provided in the specific destination sub-rules. Payment from consignee may be made in U.S. dollars or its equivalent in local currency at the option of the carrier, but in any case must be paid prior to release of cargo per Rule 7.