TARIFF RULES LISTING
KAWASAKI KISEN KAISHA, LTD. - TARIFF #143
Date: 06 MAY 2010
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TARIFF K-LINE EASTBOUND TARIFF (ASIA TO US)
RULE# CYC# APP TITLE
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136- FREE TIME AND DEMURRAGE
Filed on: 02 MAR 2010 Effective: 01 MAY 2010 Thru: Expire:
RULE TEXT
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FREE TIME STORAGE AND DEMURRAGE

When cargo is shut out due to conditions beyond shipper's control or when the vessel is cancelled or delayed, carrier shall absorb all storage charges and the handling costs from time of receipt provided the cargo is loaded to the carrier's next scheduled vessel. However, if the cargo has already incurred demurrage charges for the period up to the originally scheduled vessel sailing date, then shipper shall be liable for such demurrage and carrier shall only absorb charges and costs from the date of the originally scheduled vessel sailing.

Payment of accrued storage charges must be received by carrier prior to release of laden on board Bills of Lading.

Withdrawal of Export Shipment:

1. In the event that shipper delivers a loaded container to the carrier, but subsequently cancels the shipment prior to vessel's departure, all charges incurred, from the time of cancellation, including but not limited to lift on/lift off, and storage charges, shall be for account of cargo and shall be assessed in accordance with local terminal tariffs.

2. In the event that the shipper delivers an empty container to the carrier and cancels the shipment prior to vessel's departure, all charges incurred by the carrier shall be for account of shipper and shall be assessed in accordance with local terminal tariffs.

FOR REEFER CARGO EX ALL ORIGINS

Upon expiry of Free Time, carrier is not permitted to absorb any additional charges, and all charges imposed by the terminals, including but not limited to storage, electricity, and any other applicable charges, shall be for the account of the cargo.

A. IN TAIWAN

Free time shall be 7 working days for dry cargo and 5 days for reefer cargo and shall commence from the first midnight after the loaded container has been returned to carrier's CY and shall expire at midnight or the 7th working day, thereafter, Sundays and Holidays excluded. Demurrage shall be calculated from the first midnight following expiration of free time and shall cease two days before a vessel's arrival at the first loading port in Taiwan, Saturdays, Sundays and Holidays included, in accordance with the following scale:

CY Cargo:

For Reefer containers up to 20' in length - NT$920 per container per day

For Reefer containers measuring more than 20' in length - NT$1440 per container per day

For Dry containers up to 20' in length - NT$230 per container per day

For Dry containers measuring more than 20' in length - NT$380 per container per day

B. IN PHILIPPINES

Free time for CFS cargo shall be 7 working days commencing from the first midnight after receipt of the cargo. Storage charges will be assessed from the first midnight following expiration of Free Time and will be charged at the rate of Pesos 7.52 per Revenue ton.

For details of Storage charges please refer to applicable Local Port or Terminal Tariffs.

C. IN INDONESIA/SINGAPORE/MALAYSIA/THAILAND

For details of storage charges please refer to applicable local Port or Terminal Tariffs.

1. Carrier is not permitted to absorb storage charges, and all such charges incurred for storage at Pandang Besar will be for account of cargo and must be paid in full based on the invoice presented to the carrier by the terminal operator (KTM) which the carrier must then pass on in full to the shipper.

2. For cargo ex Indonesia, all charges imposed by the terminals, including but not limited to storage, electricity and any other applicable charges starting from the container's stacking time in the CY until the time of the container's loading onto vessel shall be for the account of the cargo. All the aforementioned charges shall be settled directly between the terminal and shipper. Carrier is not permitted to advance or absorb any of the aforementioned charges imposed by the terminals.

3. For cargo ex Thailand,Free time for CY cargo shall be 7 calendar days commencing from the first midnight after receipt of the cargo. Storage charges will be assessed from the first midnight following expiration of Free Time and will be charged as per local Terminal Tariff.

D. IN KOREA

Upon written request of the shipper or consignee, the carrier will provide free storage in bond at the origin CY for a period not to exceed thirty (30) days. Storage charges thereafter will be as follows per day:

20FT – US$10.00 or Won 8,000

40FT – US$16.00 or Won 12,800

45FT – US$18.00 or Won 14,400

Storage will not be provided by the carrier for cargo moving in refrigerated, open top or flat rack containers. At the discretion of the carrier and upon expiration of the thirty (30) days period, cargo can be unstuffed from the container and placed into bonded storage, in which case the charges will be assessed in accordance with the Busan Port Terminal Tariff.

i) FOR REEFER CARGO:

(1)Free Time shall be 4 days commencing from the next day after receipt of the cargo at carrier's CY, excluding Sunday and Public Holidays, storage charges will be assessed from the first midnight following expiration of free time and will be charged as follows per day:

20’     - US$35.00

40’     - US$55.00

40’ HC - US$55.00

(Remarks: Inclusive of electricity or reefer monitoring charges.)

(2) Upon expiry of free time, carrier is not permitted to absorb any additional charges, and all charges imposed by the terminals, including but not limited to storage, electricity, and any other applicable charges, shall be for the account of the cargo.

ii) FOR OPEN TOP (including HARD TOP), FLAT RACK CARGO:

(1) Free Time shall be 15 days commencing from the next day after receipt of the cargo at carrier's CY, excluding Sundays and Public Holidays.

Storage charges will be assessed upon the expiration of the free time and will be charged as follows per day:

20’ - US$10.00

40’ - US $16.00

E. IN HONG KONG

FOR REEFER CARGO EX ALL ORIGINS

Upon expiry of Free Time, carrier is not permitted to absorb any additional charges, and all charges imposed by the terminals, including but not limited to storage, electricity, and any other applicable charges, shall be for the account of the cargo.

Free Time (See EXCEPTION)

For the purpose of this rule, the last day of free time would be advertised CY closing date for the next available vessel.

1. On CFS cargo actually received at carrier's vessel terminal, i.e. on dock terminal, carrier shall grant free storage for up to a maximum of 14 working days including Saturdays, Sundays and Public Holidays from the receipt of cargo.

2. On CY cargo received at carrier's vessel terminal, carrier shall grant free storage for up to a maximum period of 7 days for dry cargo and 5 days for reefer cargo and 3 days for CY DG Cargo (some DG Cargo storage days are governed by local laws) including Saturdays, Sundays and Public Holidays from the receipt of cargo or up to the first sailing available by the carrier to the destination port indicated in the Bill of Lading, whichever is later.

EXCEPTION - For Live Reefer Cargo

On CY cargo received at carrier's vessel terminal,carrier shall grant free storage for up to a maximum period of 5 days including Saturdays, Sundays and public holidays from the receipt of cargo or up to the first sailing available by the carrier to the destination port indicated in the Bill of Lading,whichever is later.

Storage Charges (Demurrage)

Withdrawal of Export Shipment: In the event that shipper delivers a loaded container to the carrier, but subsequently cancels the shipment prior to vessel's departure, all charges incurred, from the time of cancellation, including but not limited to lift on/ lift off, and storage charges, shall be for account of cargo and shall be assessed in accordance with local terminal tariffs.

1. The following charges will be assessed upon the expiration of the free time (See Rule 16):

  Cost Per Day
Up to the fifth day
Cost per day from
the Sixth Day and up
Dry Cargo HK$280/20' HK 560/20'
HK$550/40' & 40'HC HK$1100/40' & 40'HC
HK$620/45' HK$1240/45'
Reefer Cargo HK$520/20' HK$1040/20'
HK$860/other sizes HK$1720/other sizes

Cargo Type Storage cost per day
Dangerous Cargo
(Category 2 & 5)
HK$2270/20' container
HK$4540 for other size containers
HK$15 per RT, as freighted
Dangerous Cargo
(other than Category 2 & 5)
HK$165/20' container
HK$330 for other size containers
HK$15 per RT, as freighted

2. When cargo is shut-out due to conditions beyond shipper's control or when the vessel is cancelled or delayed, carrier shall absorb all storage charges and the handling costs from time of receipt provided the cargo is loaded to the carrier's next scheduled vessel. However, if the cargo has already incurred demurrage charges for the period up to the originally scheduled vessel sailing date, then shipper shall be liable for such demurrage and carrier shall only absorb charges and costs from the date of the originally scheduled vessel sailing.

F. IN VIETNAM

Applicable from all origin ports (including base port in Vietnam:

Free Time: 5 days for dry cargo and 3 days for reefer cargo inclusive of Saturdays, excluding Sundays and Holidays

Demurrage Charges:

For Dry Cargo:

6th to 12th days: US$5 per 20' and US$10 per all other sizes per container per day.

13th day and up: US$10 per 20' and US$20 per all other sizes per container per day.

For Reefer Cargo:

4th to 12th days: US$5 per 20' and US$10 per all other sizes per container per day.

13th day and up: US$10 per 20' and US$20 per all other sizes per container per day.

SECTION 1

General Notes:

A. Free time and demurrage at destination on non-containerized cargo, and containerized CFS cargo shall be in accordance with the local terminal tariffs, as applicable.

B. For cargo moving under tan individual rate item that provides Store Door Delivery to a port, the applicable free time shall be per the provisions of Rule 2.33.

C.If cargo in containers or trailer for delivery at the destination CFS, DRFS and DMFS is required to undergo inspection as provided in Rule 2-12 while cargo is still in the containers or trailer, then the applicable free time and demurrage provisions shall be as outlined in the provisions of this Rule. If the cargo undergoes inspection by U.S. Customs, Agriculture,Food and Drug, or other such duly authorized Government Agencies after discharge from the containers or rail trailers into the destination CFS, DRFS, or DMFS, then the applicable freetime and demurrage or storage provisions shall be as in paragraph (A) above, whether such inspection has been completed or not.

D. Transshipped Cargo - USA when cargo is destined to a port which carrier's vessel does not call, and the cargo is transhipped to that port by vessel, rail or road at carrier's expenses, the free time allowed at the B/L destination port shall be the same as for a direct call port. Carrier shall have no more than 72 hours from completion of discharge of vessel at actual port of discharge, to tranship the containers to B/L destination port, Saturdays, Sundays and holidays excluded, and free time at B/L destination shall commence at 0800 on the day following arrival of the full B/L quantity, Saturdays, Sundays and holidays excluded.

If the 72 hours stipulated above is exceeded, the amount of free time at the B/L destination shall be reduced by the amount of the excess over 72 hours (3 days). If the 72 hours stipulated above is NOT exceeded, the free time at destination will be per the destination free time only. I.e. the remaining of 72 hours will not be carried over to the destination free time.

Example: If free time is 5 days, and vessel arrives at direct call port, complete discharge and cargo arrives at B/L destination port 4 days later. Remaining free time at the destination port will be 4 days. (5 - 1 = 4)

E. For the purposes of this Rule, a temperature controlled container is a container with the refrigeration unit operating to maintain a specific temperature or range of temperature to protect the cargo loaded therein. When a container designed for temperature control is used at carrier's option to transport cargo and the refrigeration unit is not operated, free time and demurrage as provided for dry cargo containers herein will apply.

F. For the purposes of this rule, counting of free time and demurrage charge for specialized containers would be the same as reefer cargo and that for bulk, tank, open top hard top, ventilated and flat rack containers would be the same as dry cargo.

SECTION 2

Free Time at Carrier's CY (or Ocean Terminal) - USA

All containers held with cargo at carrier's discharge port or destination CY will be subject to demurrage charges as indicated in the table under SECTION 8, whether the shipment therein occupies a full container or not. The carrier is also permitted to discharge the undelivered shipments to public storage. Transfer and incidental expenses to the removal of such cargo from the container shall be for the account of the cargo. Free time will commence at 8:00 a.m. on the

first business day after completion of discharge of the vessel or arrival of the full B/L quantity at the destination CY and shall expire at midnight, on the days shown in the table found in SECTION 8, Saturdays, Sundays and Holidays excluded. (See exception below)

Exception:

For containerized cargo discharged at port of Los Angeles/Long Beach, CA, Free Time will commence at 3:00 a.m. on the first business day after the container is being discharged from vessel.  Free Time shall expire at 3:00 a.m. the day following the last free day as shown in the table found in SECTION 8.

SECTION 3

Demurrage - USA

Demurrage charges listed in the table under SECTION 8 are per container, per calendar day, including Saturday, Sunday and Holidays and shall commence on the first day following the expiration of Free Time whether or not the first or following days are Saturdays, Sundays or Holidays.

The carrier shall not be responsible for delays in delivering containers when such delays result from cargo being detained in customs or quarantine. Any demurrage charges that are accrued resulting from delays in customs and/or quarantine are to be billed for account of the cargo.

SECTION 4

Port/CY Tie-Up - USA

Where the consignee is prevented from removing the containers with cargo from CY by factors beyond his control, such as, but not limited to, labor strikes, trucking strikes or weather conditions which affect the entire port area or a substantial portion thereof:

Or

Where the consignee is prevented from removing the containers by a labor strike which affects only one pier or less than a substantial portion of the port area: Then, in either event, free time and demurrage will be calculated and demurrage assessed as follows:

(1) Containers on Free Time at Commencement of Port Tie-Up.

(a) Free time will be extended for a period equal to the duration of the port Tie-Up.

(b) In the case of a labor strike which exceeds five (5) days in duration , this extended free time will be further extended by an additional period of five (5) days, exclusive Saturdays, Sundays and Public Holidays provided the container is actually removed by the consignee within the additional five (5) day period or as provided under appointment system referred to in paragraph (3) below. Otherwise the additional extension is nullified and demurrage will commence upon termination of the free time as calculated in paragraph (1)(a) above.

(2) Containers in the first Demurrage Period at Commencement of Port Tie-up

(a) Demurrage will continue to be assessed but the first demurrage period will be extended for a period equal to the duration of the port tie-up.

(b) In the case of a labor strike exceeding five (5)days in duration, the extended first demurrage period will be further extended by an additional period of five (5) calendar days, provided the container is actually removed by the consignee within the additional five (5) day period or as provided under appointment system referred to in paragraph (3)Otherwise the additional extension is nullified and demurrage period will commence upon first demurrage period as calculated in paragraph (2)(a) above.

(3) Containers in the Second demurrage Period at Commencement of Port Tie-up

Demurrage will continue to be assessed but charges reduced to the first demurrage period charges for the duration of the port tie-up. Upon termination of the tie-up charges will revert to those of the demurrage period and for the balance of time remaining in that period when the port tie-up commenced.

SECTION 5 - RESERVED FOR FUTURE USE

SECTION 6

Intermodal - USA

A. For Customs clearance at interchange terminal, for intermodal movements:

All cargo held at interchange port or carrier's port CY beyond the free time specified in SECTION 8, will be subject to demurrage charges as set out in SECTION 8;

Or

At the discretion of the carrier may be discharged to public storage, transfer and incidental expenses to the removal of such cargo from the container shall be for the account of the cargo.

B. Cargo held or interchanged at other than CY (DRY/DMY):

When cargo is held at an inland Interchange Point or Destination Interchange Terminal (DIT), Destination Rail Yards (DRY), Destination Motor Yards (DMY), free time and demurrage will be assessed as per the applicable local Terminal Tariff of the facility used at that Interchange Point. This applies to cargo moving on an intermodal basis the carrier shall not be responsible for delays in delivering containers when such delays result from cargo being detained in customs or quarantine. Any demurrage charges that are accrued resulting from delays in customs and/or quarantine are to be billed for account of the cargo.

C. When cargo is delivered to destination Rail Yard or destination Motor Yard at intermodal locations, the applicable free time and Demurrage shall be per the applicable local terminal tariff of the facility used.

SECTION 7 - RESERVED FOR FUTURE USE

SECTION 8

TABLE OF FREE TIME ALLOWED, AND DEMURRAGE CHARGES

All free time and demurrage outlined hereunder, is subject to the General Notes and Sub Rules as set out above. The Demurrage charges shown are in U.S. Dollars, per container, per day

DESTINATION AND MODE, FREE TIME ALLOWED, DEMURRAGE CHARGE

AAA)   For Port of Los Angeles/Long Beach Cargo and Intermodal or MLB Cargo.

Dry Cargo:

4 working days

Dry Cargo:

1st 5 days - $100 per container per calendar day

+6 days - $150 per container per calendar day

Reefer Cargo:

3 working days

$150 per container per calendar day

BBB) For Other West Coast Port Cargo, and Intermodal or MLB Cargo.

Dry Cargo:

5 working days

Dry Cargo:

1st 5 days - $100 per container per day

6+ days - $150 per container per day

Reefer Cargo:

3 working days

$150 for all sizes

EXCEPTION:

Effection July 1,2006 for Dry Reefer Cargo to Vancouver,BC

For CY Delivery or Local Door Delivery shipments in Vancouver,BC,Canada, free time at the terminal will be three (3) working days following complete unloading of vessel.

After expiration of free time, demurrage charge will apply as per terminal operator's tariff.

CCC) Intermodal CY Cargo: Dry and Reefer Cargo via West Coast or East Coast : Dry and Reefer Cargo: Per local terminal tariff

DDD) East Coast MLB CY - Dry and Reefer Cargo: Per local terminal tariff

EEE)

EFFECTIVE DECEMBER 1,2008

East Coast All Water (For New York and New Jersey ports only):

Dry Cargo:

4 working days

1st 4 days - $150/Cntr per calendar day

5th to 9th days - $220/Cntr per calendar day

10th day and above - $365/Cntr per calendar day

Reefer Cargo:

2 working days

Chargeable days 1st 3 days - $415/Cntr per calendar day + $40 per day electricity usage fee.

Chargeable days 4th day and above - $570/Cntr per calendar day + $40 per day electricity usage fee.

FFF) For Carleston port only:

(i) Free time : 5 working days for dry and 2 working days for reefer.

(ii) Demurrage (dry & shippers own tank cntr) :

1st to 4th day : $50/cntr per day all size

5th to 7th day : $75/cntr per day all sizes

8th days & beyond : $140/cntr per day all sizes

Demurrage (reefer):

1st to 4th day : $133/cntr

5th day & beyond: $159/cntr

GGG) East Coast All Water [For ports other than NY/NJ/CHARLESTON]

Dry Cargo:

5 working days

1st 5 days - $50/Cntr  per calendar day

6+ days - $65/Cntr per calendar day

Reefer Cargo:

2 working days

$80/Cntr per calendar day

**** End of Report ****