Common use of FREE TIME Clause in Contracts

FREE TIME. Free Time is defined as an agreed to period of time a Motor Carrier has custody of Providers Equipment, beyond which a daily fee (Per Diem) is charged. Free time shall commence on the day of Equipment departure by the Motor Carrier from the marine terminal, railroad or container yard used by the Provider. Provider shall not charge Motor Carrier for Per Diem during the time period when Provider equipment is interchanged with a rail carrier if Motor Carrier can provide proof to the Provider that is reasonably acceptable of such interchange. Provider will charge Per Diem for each calendar day or fraction thereof, including Saturday, Sunday and Government recognized legal holidays, if Equipment is not to the Provider within the allowed free time. For the purpose of this provision, the first “day” shall commence on the date of interchange from the marine terminal, railroad or container yard used by the Provider. Free time shall expire per the schedule below at which point Per Diem charges will accrue until the Equipment has been returned to the Provider. Except where modified by a written bilateral agreement with Motor he following Free Time shall apply: i. For dry containers including but not limited to lengths of 20’, 40’, 43’, 45’ and 48’: Day of the initial interchange plus two (2) working days. ii. For refrigerated or temperature controlled containers including but not limited to lengths of 20’, 40’ and genset equipped chassis: Day of initial interchange plus one (1) working day. iii. For Special Equipment (open top containers, flat racks, low boy trailers, etc.): Day of the initial interchange plus two (2) working days. iv. For all chassis (except genset equipped chassis): The day of the initial interchange plus two (2) working days. v. Where Equipment is used by the motor carrier for a two way movement of cargo (loaded), Free Time shall be extended by two (2) working days. In computing Free Time, the term working day shall not include Saturdays, Sundays or Government declared public holidays. The terms day shall mean the calendar period commencing at 0001 hours and terminating at 2400 hours and any fraction thereof.