A serving carrier and its customers (including those to which it delivers rail cars at origin or destination) may enter into contracts pertaining to demurrage. Additionally, a third-party intermediary may enter into contracts with a shipper (or consignee) that the shipper (or consignee) shall be billed for demurrage pursuant to section 1333.3(b) . However, in the absence of such contracts, demurrage will be governed by the demurrage tariff of the serving carrier.
49 C.F.R. §1333.2