Terms for Detention and Demurrage
1. General Definitions
Any terms used but not defined herein shall have the same meaning assigned in the Carrier’s Terms for Carriage available at https://terms.maersk.com/carriage.
In addition, the following general definitions apply:
“Compensation” includes any part or total of 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.
“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.
“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.
2. Detention and Demurrage types, special definitions and application periods
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FREETIME |
“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. |
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STORAGE |
'Storage'' 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. Whether the Merchant’s use of the port, terminal or depot space beyond the agreed amount of free time is invoiced separately is set out on a per country basis at https://www.maersk.com/local-information. |
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DETENTION & DEMURRAGE |
Combined Demurrage and Detention |
Demurrage |
Detention |
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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. |
compensation payable when the Merchant holds Carrier’s Container inside the terminal, port or depot beyond the agreed amount of Free Time. |
compensation payable when the Merchant holds Carrier's Container outside the port, terminal or depot beyond the agreed amount of Free Time. |
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APPLICATION PERIOD |
IMPORT |
(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. |
(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. |
(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. |
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EXPORT |
(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. |
(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. |
(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. |
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3. Compensation
3.1 Merchant is liable to pay the Compensation when the Free Time is exceeded.
3.2 Unless specifically agreed with Carrier, Compensation is applicable as per the published tariffs available from the Carrier or its authorised agents or at http://www.maersk.com.
3.3 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 is set out at http://www.maersk.com.
4. Governing Law
4.1 These terms are subject to the law and jurisdiction of the Contracts of Carriage to which the Compensation relates.
4.2 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.