Is this demurrage invoice valid? A checklist
What a demurrage or detention invoice must contain under 46 CFR Part 541, and what follows if an element is missing.
| Sequence no | Slug | Question | Required element | Provision slug | Consequence if missing |
|---|---|---|---|---|---|
| 1 | charge-scope | Is the amount a demurrage/detention/per-diem charge rather than freight? | Classify the charge under Part 541 scope and definitions. | cfr-541-2-a | If it is not a Part 541 charge, this checklist is not the governing invoice test; do not infer a §541.5 consequence. |
| 2 | billing-relationship | Is this a customer-facing invoice rather than an ocean-carrier/MTO internal billing relationship? | Exclude only the among/between ocean common carrier–MTO billing relationship described in §541.2(b). | cfr-541-2-b | If the relationship is internal carrier–MTO billing, Part 541 does not govern that relationship. |
| 3 | bill-of-lading | Does the invoice identify the bill of lading number(s)? | B/L number(s). | cfr-541-6-a | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 4 | container-number | Does the invoice identify the container number(s)? | Container number(s). | cfr-541-6-a | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 5 | import-discharge-port | For an import, does it identify the port(s) of discharge? | Import port(s) of discharge. | cfr-541-6-a | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 6 | proper-party-basis | Does the invoice explain why this billed party is the proper party of interest and liable? | Basis for billed-party status and liability. | cfr-541-6-a | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5; §541.4 Reserved does not supply an automatic billable-party rule. |
| 7 | invoice-date | Does the invoice show its issuance date? | Invoice date. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 8 | invoice-due-date | Does the invoice show the due date? | Invoice due date. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 9 | allowed-free-time | Does the invoice state the allowed free time in days? | Allowed free time in days. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 10 | free-time-start | Does the invoice state when free time starts? | Free-time start date. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 11 | free-time-end | Does the invoice state when free time ends? | Free-time end date. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 12 | import-availability-date | For an import, does the invoice state the container availability date? | Container availability date. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 13 | export-earliest-return-date | For an export, does the invoice state the earliest return date? | Earliest return date. | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 14 | charged-dates | Does the invoice identify each specific date for which D&D was charged? | Specific charged date(s). | cfr-541-6-b | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 15 | total-amount | Does the invoice show the total amount due? | Total amount due. | cfr-541-6-c | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 16 | applicable-rule | Does the invoice identify the tariff/rule/terminal schedule/service contract/negotiated arrangement? | Applicable D&D rule and identifying reference. | cfr-541-6-c | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 17 | specific-rate | Does the invoice show the specific rate or rates? | Specific rate(s) under the applicable rule. | cfr-541-6-c | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 18 | dispute-contact | Does the invoice provide a contact for questions and mitigation/refund/waiver requests? | Email, telephone, or other appropriate contact information. | cfr-541-6-d | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 19 | public-dispute-instructions | Does the invoice link to public instructions describing the documents needed for a request? | Public URL, QR code, or digital watermark. | cfr-541-6-d | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 20 | request-resolution-timeframes | Does the invoice state the request and resolution timeframes? | Defined timeframes compliant with Part 541. | cfr-541-6-d | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 21 | fmc-consistency-certification | Does the invoice state that charges are consistent with FMC D&D rules, including §545.5? | FMC-consistency statement. | cfr-541-6-e | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 22 | billing-party-performance-certification | Does the invoice state that billing-party performance did not cause or contribute to the charges? | No-cause/no-contribution statement. | cfr-541-6-e | Missing required information removes the billed party’s obligation to pay the applicable charge under §541.5. |
| 23 | billing-30-day-deadline | Was the invoice issued within 30 calendar days from the date the charge was last incurred? | Billing-party issuance within 30 days. | cfr-541-7-a | If late, the billed party is not required to pay the charge under §541.7(a). |
| 24 | nvocc-pass-through-30-day-deadline | If the billing party is an NVOCC, was the invoice issued within 30 days from the received invoice’s issuance date? | NVOCC pass-through within 30 days. | cfr-541-7-b | If late, the billed party is not required to pay the charge under §541.7(b). |
| 25 | nvocc-dual-role-window | If an NVOCC is both billing and billed party, was the additional dispute window provided after notice? | Additional 30 calendar days for the NVOCC to dispute. | cfr-541-7-c | Failure to provide the additional window undermines the Part 541 dispute process; the row is not itself a §541.5 invoice-field test. |
| 26 | correct-party-correction | If the wrong person was invoiced, was correction issued within 30 days from the last-incurred date? | Corrected invoice to the correct billed party within 30 days. | cfr-541-7-d | If late, the billed party is not required to pay the charge under §541.7(d). |
| 27 | mitigation-request-window | Did the billed party have at least 30 days from invoice issuance to request mitigation/refund/waiver? | At least 30 calendar days. | cfr-541-8-a | A shorter window fails §541.8(a); preserve the invoice and request timestamp. |
| 28 | mitigation-resolution-attempt | Did the billing party attempt resolution within 30 days of receiving the request, unless a later date was agreed? | 30-calendar-day resolution attempt. | cfr-541-8-b | A failure to attempt timely resolution is a Part 541 process issue; it does not itself guarantee refund. |
Sources
- 46 CFR Part 541 — Office of the Federal Register / FMC · Public domain