Most demurrage and detention invoices get paid from the total at the bottom. The problems sit in the lines above it. Checking them in a fixed order makes the job faster and keeps you from arguing the wrong point.
1. Is the invoice complete?
Under 46 CFR 541.6, a demurrage or detention invoice on US trades must include, at a minimum:
- The bill of lading number and the container numbers
- The invoice date and the due date
- The allowed free time in days, with its start date and end date
- For imports, the date the container was available
- The specific dates charged
- The tariff, terminal schedule or contract rule the daily rate comes from
- Contact details for questions or for a mitigation, refund or waiver request
If required information is missing, the FMC rules say the billed party has no obligation to pay that charge (46 CFR 541.5).
2. Was it issued on time?
The invoice must be issued within 30 calendar days of the last day the charge was incurred. If it was issued later, you are not required to pay it (46 CFR 541.7). Compare the invoice date with the last date charged.
3. Do the dates match your records?
Line up the invoice against your own dates. For demurrage, free time should start from the date the container was actually available. For detention, the count should run from gate out to the empty return. Any charged day before free time ends, or after the container was returned, is a line to question.
4. Is the rate the right one?
Find the rule the invoice cites and check it against your contract or the carrier's tariff. Many rates rise in tiers the longer a container stays.
Example only: if days 1 to 4 after free time are billed at the first tier rate and later days at a higher tier, every day should not carry the highest tier.
5. Could the container actually move?
Terminal closures, holds you did not cause, and days with no empty return appointments all matter. The FMC's interpretive rule on demurrage and detention (46 CFR 545.5) looks at whether a charge actually served to get the cargo or the equipment moving. Keep emails and screenshots from those days.
6. Write down a verdict for every line
Mark each charge as overcharged, correct or missing proof. Lines that are correct should be paid. Lines that are wrong become the basis of a dispute, with the evidence next to each one.
If you would like a second set of eyes, Zenmul reviews freight charges and gives you a written report. You decide what to submit to the carrier, and you submit it yourself.
This article is general information, not legal advice.