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 or Vehicle 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. Caribtrans 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 or
Vehicle 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
Caribtrans' 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, Caribtrans 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, when applicable, will be assessed per each
calendar day, or fraction thereof, up to date of sailing but not
including sailing day.
f. Caribtrans 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
Caribtrans' 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 Caribtrans 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 Caribtrans.
h. After the expiration of the allowed Free Time provided herein,
Caribtrans is under no obligation to store Cargo at its nominated CFS
location and such Cargo may be considered abandoned and removed from
Caribtrans' facility.
i. Caribtrans will notify the Shipper, on or before, the date storage
Charges begin to accrue. Should Caribtrans fail to meet this
obligation, Caribtrans 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 Caribtrans cannot locate
Consignee, Caribtrans will make a diligent effort to notify the
Shipper/Consignor accordingly.
2. If Caribtrans 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 Caribtrans has
provided notice of Cargo's status as unclaimed or refused, within
six months of cargo receipt at Caribtrans' facility, Caribtrans will
consider the cargo abandoned and it will be removed from
Caribtrans' facility for disposal.
k. PER DIEM STORAGE CHARGES:
1. LCL SHIPMENTS NOT EXCEEDING 12 CFT:
LCL shipments Not Exceeding 12 cft, moving FROM, TO or THRU Ports
and Points in the United States, Puerto Rico, 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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30 Calendar USD $0.10/CFT or $0.20/CWT -0-
Days (whichever is greater)
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2. LCL SHIPMENTS EXCEEDING 12 CFT:
LCL shipments exceeding 12 cft, moving FROM, TO or THRU Ports
and Points in the United States, Puerto Rico, 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 fraction therof)
EXPIRATION OF FREE TIME AFTER FREE TIME
HAS EXPIRED
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30 Calendar USD $0.10/CFT or $0.20/CWT 5.00
Days (whichever is greater)
-------------------------------------------------------------------
3. VEHICLES
Vehicles moving FROM, TO or THRU Ports and Points in the United
States, Puerto Rico, and the Ports and Points named in Rules 1.3
and 1.4, will be SBJ to the applicable VEHICLE per Diem STOR Charge
below when a Vehicle remains at Carrier's nominated origin or
destination CFS, warehouse or terminal beyond the Free Time
specified:
FREE TIME A STORAGE CHARGE PER VEHICLE
VEHICLE CAN CURRENCY PER EACH CALENDAR DAY
REMAIN AT (or fraction thereof)
TERMINAL AFTER EXPIRATION OF FREE TIME
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14 Calendar USD $25.00
Days
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