Per Diem Dispute Checklist for LA/Long Beach Containers

Set up the record before the container leaves the terminal.

1. 01 Get the Carrier's Current UIIA Addendum

   Confirm the free days, the counting rule and the daily rates for the equipment type. The compilation of addenda covers free time and per diem only; other sections of an addendum, such as lost or stolen equipment, can also affect per diem.

   UIIA E.6.a; compilation note, last updated October 6, 2026
2. 02 Check the Shipper's Own Free Time

   A service contract or tariff can grant different free time than the addendum. Ask the ocean carrier or the shipper for the terms that apply to the bill of lading.

   Addendum terms apply "in the absence of any other written agreement" in several addenda
3. 03 Confirm the Return Location and Notice E-mail

   The motor carrier returns equipment to the location where it was received unless the provider directs a satellite location listed in the Equipment Return Location Directory (ERLD) of the Intermodal Association of North America (IANA). The provider must e-mail a change the business day before it takes effect, so the motor carrier must give the provider an e-mail address for those notices.

   UIIA E.1.b
4. 04 Keep the Outgoing Equipment Interchange Receipt

   The equipment interchange receipt (EIR) shows the out-gate date that starts free time under most addenda. The provider must supply evidence such as EIRs to support its invoice.

   "Provider shall provide the Motor Carrier evidence as is reasonably necessary to support its invoice (e.g. EIRs or other electronic equivalents)."

   UIIA E.6.e

Track the last free day and document anything that blocks the return.

1. 05 Calculate the Last Free Day

   Count free days from the out-gate date, including any holidays or closed days named in the addendum, and note the last free day on the work order.

   Carrier addendum free time terms
2. 06 Record When Empties Cannot Be Returned

   Save terminal notices, appointment screens and e-mails showing that the return location would not accept the empty. The Federal Maritime Commission (FMC) treats detention charged when empty containers cannot be returned as likely unreasonable, absent extenuating circumstances.

   "Absent extenuating circumstances, practices and regulations that provide for imposition of detention when it does not serve its incentivizing purposes, such as when empty containers cannot be returned, are likely to be found unreasonable."

   46 CFR 545.5(c)(2)(ii)
3. 07 Log Late Return-Location Notices

   If the provider did not give notice of a return-location change one business day before it took effect, and the late notice delayed the return, the motor carrier is entitled to one additional business day.

   UIIA E.1.d
4. 08 Document Government Inspections and Force Majeure

   Keep hold notices for customs or other government inspections. Under the UIIA, when Acts of God, war, insurrections, strikes, fire, flood or like causes beyond the motor carrier's control prevent the return within free time, per diem does not apply for the duration of that condition.

   "...as a result of Acts of God, war, insurrections, strikes, fire, flood or any like causes beyond the Motor Carrier’s control, the Motor Carrier shall be exempted from the Per Diem charges to the extent of, and for the duration of, the condition that prevented the redelivery of the Equipment."

   UIIA G.12; 46 CFR 545.5(c)(2)(iv)
5. 09 Report Lost, Stolen or Destroyed Equipment in Writing

   Where the addendum has no process of its own, the provider may not charge per diem past the date it receives the motor carrier's written notice. Send a copy of the police report, if any, when available.

   UIIA E.2.c(ii)
6. 10 Reconcile the Monthly Outstanding Equipment Notice

   Providers send motor carriers an electronic notice at least once a month of equipment shown as interchanged to them. The notice is for information only.

   UIIA E.1.f

Check the dates, the contents and the arithmetic before the dispute window closes.

1. 11 Log the Invoice Date and the Date Received

   Some addenda start the dispute window on the invoice date and others on receipt. The UIIA default process in Section H.1 runs from receipt.

   UIIA H.1; carrier addendum
2. 12 Check the UIIA Invoice Deadline

   The provider must invoice the motor carrier within 60 calendar days of the date the equipment was returned, or the right to recover the charges is lost. If the provider first invoiced the wrong party, it may invoice the motor carrier within 30 calendar days of that party's dispute or within the original 60 days, whichever is later, but no later than 90 calendar days after the return.

   UIIA E.6.c
3. 13 Check the Federal Invoice Deadline

   For a demurrage or detention invoice from an ocean common carrier, marine terminal operator (MTO) or non-vessel-operating common carrier (NVOCC) that falls under Part 541, the billing party must issue the invoice within 30 calendar days of the date the charge was last incurred, or the billed party is not required to pay. A corrected invoice must also issue within that 30 days. Part 541 defines demurrage and detention to include container per diem, not chassis per diem. Where both the UIIA and Part 541 apply, track the earlier deadline. Whether Part 541 reaches a UIIA invoice on a merchant-haulage move, outside a through bill of lading, is not settled.

   "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."

   46 CFR 541.2(a), 541.3, 541.7(a) and (d)
4. 14 Check the Required Invoice Contents

   A Part 541 invoice must show the bill of lading (B/L) number, container number, port of discharge for imports, and why the billed party is liable; the invoice and due dates, free time in days and its start and end dates, the availability or earliest return date, and each date charged; the total, the tariff rule or contract section, and the rates; a contact, a web address for the mitigation process and the timeframes; and two certifications. Missing required information eliminates the obligation to pay the charge.

   46 CFR 541.5 and 541.6
5. 15 Compare Each Billed Day With the EIRs

   Match the out-gate and in-gate dates to both EIRs, then recount free and chargeable days under the addendum. Recount each tier by date under the addendum.

   UIIA E.6.e; carrier addendum

Dispute in writing, with evidence, inside the stated window.

1. 16 File in Writing Within the Window

   Use the addendum's dispute method and window. Where the addendum sets none, the default is 30 calendar days from receipt of the invoice. The motor carrier must respond to invoices in writing within 30 calendar days with evidence supporting any disagreement.

   UIIA E.6.f, E.6.g and H.1
2. 17 Do Not Miss the 30-Day Dispute Deadline

   An invoiced party that does not dispute within 30 calendar days after receipt loses the right to dispute, becomes responsible for payment and loses the right to binding arbitration.

   UIIA H.3
3. 18 Pay the Undisputed Charges

   A dispute is not grounds for withholding or delaying payment of undisputed charges.

   UIIA H.1; Exhibit D, item 10
4. 19 Attach the Third-Party Agreement When It Sets a Lower Amount

   When the dispute is that the invoice exceeds the amount due under a separate third-party agreement, the motor carrier must provide documentation, and the provider may not suspend interchange privileges until it resolves the discrepancy.

   UIIA E.6.d
5. 20 Request Mitigation, Refund or Waiver on a Part 541 Invoice

   The billing party must allow at least 30 calendar days from the invoice issuance date for the request, and must attempt to resolve it within 30 calendar days of receiving it, or a later date both parties agree.

   46 CFR 541.8(a) and (b)

Track the response and the next deadline until the invoice is paid, cancelled or decided.

1. 21 Track the Response Deadline

   Under the default process, the invoicing party responds in writing within 30 calendar days of receiving the dispute. An invoicing party that fails to respond within the addendum or default timeframe loses its right to collect the charges and to pursue arbitration.

   UIIA H.1 and H.4
2. 22 Pay or Seek Arbitration Within 14 Days

   After the response, the invoiced party has 14 calendar days to pay or seek arbitration, unless the parties agree to suspend that period for up to 30 calendar days to resolve the dispute.

   UIIA H.1 and H.2
3. 23 Follow the Arbitration Timeline

   Up to five invoices for the same or related charges can be combined in one claim. The responding party has 14 calendar days to answer, then each side has 7 calendar days to reply. The two-member panel decides within 45 calendar days of receiving the complete record, extended by up to 14 days if it requests more information. The decision is final, and the parties must comply within 14 calendar days.

   UIIA Exhibit D, items 2, 5, 6, 7, 8 and 9
4. 24 Close the File

   Keep the invoice, the dispute, the response and the outcome together with the EIRs for the container.

   UIIA E.6