Detention & Demurrage
Detention and Demurrage Dispute Resolution Guidance
Last Update: July 10, 2024
As a reminder, CMA CGM policy allows for submission of disputes related to detention and/or demurrage by a party to the relevant Bill of Lading or the billed party. Disputes should be submitted when an invoice is believed to be calculated incorrectly for reasons such as:
1. incorrect free time or rates/terms being applied,
2. situations where a Merchant, as defined by CMA CGM’s Bill of Lading terms and conditions, or the billed party, is unable to remove or return container(s) due to factors entirely beyond its control.
If you have received an invoice for detention and/or demurrage for charges assessed in the U.S. and you believe the charges are incorrect, please contact: Disputes.
For questions related to free time, an explanation of charges, or other matters relating to detention and/or demurrage, please contact our Customer Service team or your designated customer service contact.
For U.S. imports and U.S. exports, please contact:
or (877) 556-6308
When submitting a dispute, please ensure the following is included:
• A fully completed Dispute Registration Form
• Bill of Lading number
• Invoice number
• A detailed written description of the charges being disputed, the reason for the dispute, and requested resolution.
• For demurrage waiver requests: credible evidence that you were unable to pick up the container within free-time, and/or at times when demurrage is assessed, due to circumstances beyond your control. Thedispute will be denied with respect to any day covered by the dispute for which such credible evidence is not provided.
o Credible evidence must include written documentation that’s sufficient to enable an impartial observer to reasonably conclude that the basis for the justification is legitimate.
o If the reason identified for the dispute is lack of appointments or lack of opportunity for a single-move transaction at the marine terminal or container/rail yard in question, the evidentiary requirements identified below for” lack of appointments” shall apply.
• For detention waiver requests: credible evidence that at all locations where CMA CGM equipment couldbe returned for all days covered by the dispute:
o An appointment was required for a transaction involving only the return of equipment of the size and type at issue, or the acceptance of an empty container of the size and type at issue was conditioned upon the pickup of a loaded container from the terminal (a “dual-transaction”); and
o For all days covered by the dispute, the billed party was unable to secure an appointment or did not have a dual-transaction available.
o Credible evidence must include written documentation that’s sufficient to enable an impartial observer to reasonably conclude that the basis for the justification is legitimate. The dispute will be denied with respect to any day covered by the dispute for which such credible evidence is not provided.
o The evidentiary requirements identified below for lack of appointments shall apply for all disputes submitted based upon alleged unavailability of appointments and/or lack of opportunity for a single-move transaction.
Each dispute will be reviewed and judged upon its merits based on the facts of that particular case and consistent with the applicable law and regulations.
In making a good faith assessment of a dispute request CMA CGM may consider:
• Reports from the relevant facility that appointments were reasonably available.
• Reports maintained by CMA CGM that appointments were reasonably available on the date/time in question.
• Such other factors and evidence as may reasonably bear upon the validity of the case.
Proper relevant backup documentation, while dependent on the facts of each case, may include the following:
Export Disputes:
• Dated vessel delay announcement + Updated booking confirmation with new cut-off date.
• Documentation evidencing changes in port cutoff dates that impacted feasibility to return a container within free time.
Disputes based on incorrect activity dates, such as an empty container being returned or picked up on a date that varies from CMA CGM’s records:
• Documentation evidencing proof of delivery (“POD”) for relevant carrier haulage moves.
• Copy of relevant interchange receipt.
CMA CGM Incorrect Information:
Copy of relevant written communication between Merchant and CMA CGM evidencing the alleged incorrect information.
Incorrect Free Time and/or Rate Disputes:
Documentation evidencing the relevant contractual terms.
Required Credible Evidence for Lack of Appointments:
• Documentation showing empty restrictions or dual-move requirements at the relevant terminal or rail location. With respect to an inability to perform a single-transaction, the party submitting the dispute must include a statement from the motor carrier that it attempted in good faith to arrange for a single-transaction and after reasonable efforts was unable to do so.
• Screenshots, as relevant, of either (1) the appointment system(s) of each terminal utilized by CMA CGM at the relevant port (in the case of equipment picked up from or returned to the port), (2) the appointment system of the relevant inland facility from which cargo was picked up, (3) in the case of equipment returned to such an inland facility, the relevant appointment system(s) for each inland facility used by CMA CGM in a particular inland region showing lack of appointment availability for return of container. All screenshots should include the following elements:
(1) the third-party website is in widespread use and is generally recognized as reliable and accurate;
(2) the screenshot(s) must show the entire screen (including URL address) and appointment information for all Terminals and/or inland facilities and all shifts available for display;
(3) the screenshot(s) must include an automatically generated date/time stamp from given website showing appointments’ dates availability and an image of the current date and time displayed at the bottom-right corner of the screen; and
(4) the screenshot(s) submitted documents for the basis of the dispute and has to clearly evidence the relevant terminals;
Such screenshots must be taken the day prior to the Waiver Date and on the Waiver Date. The screenshots must be taken between 6:00 a.m.-12:00pm (noon) the day before the Waiver Date and between 6:00a.m. and 9:00 a.m. on the Waiver Date, in the time zone of the relevant terminal.
• The dispute will be denied with respect to any day covered by the dispute for which such evidence is not provided.
• CMA CGM will grant such request unless it has conducted an appropriate investigation into the claim and determined in good faith that appointments were reasonably available at the relevant terminal(s) or other facilities on the date(s) in question.
- In making such good faith assessment, CMA CGM may consider the following:
1. Reports from the relevant facility that appointments were reasonably available.
2. Reports maintained by CMA CGM that appointments were reasonably available on the date/time in question.
3. Other factors and evidence as may reasonably bear on the validity of the request, including, but not limited to, relevant data relating to equipment return on the disputed date.
CMA CGM may also consider copies of communication with appropriate CMA CGM equipment team for return of empty containers, as identified by the contact list available below. The date of the communication should clearly reflect when the Merchant and/or billed party requested assistance in identifying a solution for allowing return of empty container(s) and there were no alternate return locations and should be accompanied by screenshots evidencing lack of appointment availability. Our goal is to attempt to provide resolution of your dispute as quickly as possible and CMA CGM will make its best efforts to resolve it within 30 (thirty) calendar days. Please note that all disputes must be raised within 30 (thirty) calendar days of invoice issuance date. A dispute will be considered received upon receipt of the Dispute Registration Form duly completed and necessary backup documentation
Contact Us:
Disputes
Customer Service
U.S. Imports and U.S. Exports
(877) 556-6308
United States:
Equipment Team Contacts
Dry Equipment – US East Coast & Gulf Regions
Philadelphia, Pittsburgh, Charlotte, Greensboro, Buffalo, New York, Norfolk, Baltimore, Richmond, Front Royal, Dillon, Charleston, Savannah, Boston, Greer, Atlanta, Miami, Tampa, Jacksonville, Portland ME, Memphis, Nashville, Dallas, Houston, San Antonio, Mobile, Santa Teresa, New Orleans
US East Coast: (757) 961-2102
US Gulf: (757) 961-2105
Dry Equipment - US Midwest & West Coast Regions
Chicago, Indianapolis, Cleveland, Detroit, Columbus, Cincinnati, Kansas City, St. Louis, Minneapolis/St. Paul, Omaha, Louisville, Los Angeles, Long Beach, Oakland, Seattle, Tacoma, Portland OR, Salt Lake City, Denver
US Midwest: (757) 961-2104
US West Coast: (757) 961-2101
Specialized Equipment (Reefer, Flat Rack, Open Top, Genset)
All Locations
(757) 961-2600
Canada:
Dry Equipment and Specialized Equipment (Reefer, Flat Rack, Open Top, Genset)
All Locations
Dry Equipment: Contact
Specialized Equipment: Contact
(514) 908-7866
FAQ
Click here to view D&D FAQ
Glossary:
Detention & Demurrage: Charges are applicable for shipments where Merchant exceeds the standard free time applicable for either the import or export cycle.
Demurrage: Charges the Merchant is responsible for when equipment is kept beyond free time inside the terminal or relevant container yard. In the U.S., Demurrage generally includes storage costs. Applicable to all containers that remain at the terminal or relevant container/rail yard longer than the agreed free time.
Detention: The charge the Merchant pays for detaining carrier’s equipment outside the terminal or relevant container yard longer than the agreed free time. Applicable throughout the duration of Merchant’s possession of CMA CGM container(s) in its custody, and until a container is safely returned to CMA CGM.
Free Time: The period of time offered by the Carrier to the Merchant free of charge, covering demurrage period or detention periods, beyond which additional charges such as, but not limited to demurrage and detention charges, will be due to the Carrier. In case of booking cancellation, no free time is applicable.
Storage Costs: Those costs related but not limited to quay rent, charged to both Carrier's equipment and shipper's equipment for containers staying on ground. In the United States port/terminal storage costs are generally included in demurrage.
Reefer Services: These services include power supply and monitoring for refrigerated containers. Generally included with demurrage costs unless otherwise noted in CMA CGM’s tariffs.
Merchant: For purposes of shipments within FMC jurisdiction, CMA CGM’s definition of “merchant” in its of bills of lading is limited to shippers, consignees, and parties with a beneficial interest in the cargo as defined by 46 C.F.R. § 515.2 (b).
Merchant bears full responsibility for customs clearance and all local customs requirements related to its cargo. Delays attributable to issues related to customs clearance, including but not limited to demurrage and/or detention charges accrued due to customs inspections or holds, are the responsibility of Merchant, as per CMA CGM bill of lading terms and conditions, Term No. 26. A full copy of CMA CGM’s Bill of Lading terms and conditions may be found here.
