§ 541.7 Issuance of demurrage and detention invoices.
发布12-29
生效12-29
摘要总结AI 辅助解读
美国联邦法规第46卷新增§ 541.7,严格规范滞期费(Demurrage)和滞留费(Detention)的开票时效。规定计费方必须在费用产生后30个日历日内发出账单,否则被计费方有权拒绝支付。针对无船承运人(NVOCC),若其作为中间计费方,需在收到上游账单后30天内向下游开票;若发生错开情况,补正也须在原费用产生后30天内完成。此规则旨在防止长期追溯收费,保障贸易各方权益。
- (a) A billing party must issue a demurrage or detention invoice within thirty (30) calendar days from the date on which the charge was last incurred. If the billing party does not issue a demurrage or detention invoice within thirty (30) calendar days from the date on which the charge was last incurred, then the billed party is not required to pay the charge.
- (b) If the billing party is a non-vessel-operating common carrier, then it must issue a demurrage or detention invoice within thirty (30) calendar days from the issuance date of the demurrage or detention invoice it received. If such a billing party does not issue a demurrage or detention invoice within thirty (30) calendar days from the issuance date of the demurrage or detention invoice it received, then the billed party is not required to pay the charge.
- (c) A non-vessel-operating common carrier (NVOCC) can be both a billing and billed party in relation to the same charge. When an NVOCC is acting in both roles, it can inform its billing party that the charge has been disputed by the NVOCC's billed party. The NVOCC's billing party must then provide an additional thirty (30) calendar days for the NVOCC to dispute the charge upon this notice.
- (d) If the billing party invoices an incorrect person, the billing party may issue an invoice to the correct billed party provided that such issuance is within thirty (30) calendar days from the date on which the charge was last incurred. If the billing party does not issue this corrected demurrage or detention invoice within thirty (30) calendar days from the date on which the charge was last incurred, then the billed party is not required to pay the charge.
