Terms for Detention and Demurrage

1. General Definitions

Any terms used but not defined herein shall have the meaning assigned thereto in the Carrier’s Terms for Carriage (as defined below).

“Carrier” means R.P.A.PORT LTD; VAT NUMBER 511575631.

“Compensation” includes Demurrage, Detention, Combined Demurrage and Detention and Storage (if applicable).

“Contract of Carriage” means any contracts for the carriage of goods, whether evidenced by the Carrier’s paper bill of lading, waybill or otherwise, made between Carrier and the Merchant.

 “Container” includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment.

 “Detention” is compensation payable when the Merchant holds Carrier’s Container outside the port, terminal or depot beyond the agreed amount of Free Time.

“Export Shipments” describe shipments where an empty Container is released to the Merchant under a Contract of Carriage with the Carrier, before being packed and returned to Carrier and loaded on board a vessel by the Carrier.

 “Free Time” is the period agreed between the Carrier and the Merchant for which Demurrage, Detention, Combined Demurrage and Detention and Storage (if applicable) shall not be paid by the Merchant. Unless clearly indicated in writing, the merchant shall have 7 days free days for 20dv,40dv and 40Hc. All other type of equipment will have 2 days only. 

“Goods” means the whole or any part of the cargo and any packaging accepted by Carrier from the Shipper and includes any Container not supplied by or on behalf of the Carrier.

“Import Shipments” means shipments where a Container has been shipped under a Contract of Carriage with the Carrier and has arrived at the Port of Discharge under that Contract of Carriage.

“Merchant” has the same meaning as in the Terms for Carriage and includes the Shipper, Holder, Consignee, Receiver of the Goods, or any Person owning or entitled to the possession of the Goods or of the bill of lading or anyone acting on behalf of any such persons.

 “Terms for Carriage” means the Carrier’s Terms for Carriage available at R.P.A.PORT LTD bill of lading and R.P.A.PORT LTD terms and conditions and further disclaimers.

2. Application of Terms

2.1 Whether the Merchant’s use of the port, terminal or depot space beyond the agreed amount of free time is invoiced separately (see 3a and 3b below) is set out on a per R.P.A.PORT LTD debit notes.

2.2 Clause 5 applies to the extent not otherwise specifically informed by the Carrier.

3a. Definitions – Separate Storage Compensation

“Combined Demurrage and Detention” is compensation payable when the Merchant holds Carrier’s Container beyond the agreed amount of Free Time for the combined period of inside and outside the terminal, port or depot. On R.P.A.PORT LTD invoices, when only the wording demurrage appears, meaning will be considered as ”Combined demurrage and detention”.

“Demurrage” is compensation payable when the Merchant holds Carrier’s Container inside the terminal, port or depot beyond the agreed amount of Free Time.

“Storage” means compensation for utilizing the port, terminal or depot facilities beyond the agreed amount of Free Time, incurred in relation to both Containers supplied by the Carrier and by the Merchant.

3b. Definitions – No Separate Storage Compensation

“Combined Demurrage and Detention” is compensation payable when the Merchant holds Carrier’s Container beyond the agreed amount of Free Time for the combined period inside and outside the terminal, port or depot, including compensation for utilizing the port, terminal or depot  facilities, incurred in relation to both Containers supplied by the Carrier and by the Merchant.

“Demurrage” is compensation payable when the Merchant holds Carrier’s Container inside the terminal, port or depot beyond the agreed amount of Free Time, including compensation for utilizing the port, terminal or depot facilities beyond the agreed amount of Free Time, incurred in relation to both Containers supplied by the Carrier and by the Merchant.

4. Compensation

4.1 Merchant is liable to pay the Compensation when the Free Time is exceeded.

4.2 Unless specifically agreed with R.P.A.PORT LTD, Compensation is applicable as per the invoices issued by R.P.A.PORT LTD.

4.3 Detention and/or Demurrage, and Combined Detention and Demurrage are alternatives. Whether Detention and/or Demurrage will be applied and invoiced separately or as Combined Detention and Demurrage.

5. Applicable periods

5.1 Combined Demurrage and Detention shall be determined based on the following periods:

(a) For Import Shipments, Combined Demurrage and Detention applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-in of the empty Container into the terminal, port or depot agreed with Carrier.

(b) For Export Shipments, Combined Demurrage and Detention applies to the time from the gate-out of the empty Container until the Container is loaded on board a vessel under the Contract of Carriage.

5.2 Demurrage shall be determined based on the following periods:

(a) For Import Shipments, Demurrage applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-out of the Container.

(b) For Export Shipments, Demurrage applies to the time from gate-in of the Container into the agreed terminal, port or depot until the Container is loaded on board a vessel under the Contract of Carriage.

5.3 Detention shall be determined based on the following periods:

(a) For Import Shipments, Detention applies to the time from gate-out of the Container until gate-in of the empty Container into the terminal, port or depot agreed with Carrier.

(b) For Export Shipments, Detention applies to the time from the gate-out of the empty Container until gate-in of the Container into the agreed terminal, port or depot.

5.4 Storage (if applicable) shall be determined based on the following periods:

(a) For Import Shipments, Storage applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-out of the Container.

(b) For Export Shipments, Storage applies to the time from gate-in of the Container into the agreed terminal, port or depot until the Container is loaded on board a vessel under the Contract of Carriage.

6. Governing Law

6.1 These terms are subject to the law and jurisdiction of the Contracts of Carriage to which the Compensation relates.

6.2 Notwithstanding the above, the Carrier may further at its option choose that these terms shall be subject to; (i) the law and jurisdiction of a competent court at Merchant’s principal place of business; or (ii) the law at Merchant’s principal place of business and arbitration in accordance with such law.

R.P.A.PORT LTD terms and conditions

Without prejudice