RULE: 36 - NEGOTIATED RATE ARRANGEMENTS (NRA) Eff: 23MAY2022
Effective | 23MAY2022 |
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Filed | 23MAY2022 |
Filing Codes | I |
1. In accordince with 46 CFR 532.5, Carrier may, in lieu of publishing a tariff rate, enter into a Negotiated Rate Arrangement ("NRA") with an NRA Shipper. The NRA shall contain the following elements: (a) be in writing; (b) contain the legal names of the parties agreeing to the NRA; (c) contain the names of the representatives of the parties agreeing to the NRA; (d) be agreed to by both NRA shipper and NVOCC, prior to the date on which the cargo is received by the common carrier or its agent (including originating carriers in the case of through transportation), if the Shipper: 1) Provides the NVOCC with a Signed Agreement; 2) Sends the NVO a written communication incl. an e-mail accepting the NRA terms; or 3) Books a shipment after receiving the NRA terms from the NVO when the NRA contains the following text in BOLD font & uppercase letters: "THE SHIPPER'S BOOKING OF CARGO AFTER RECEIVING THE TERMS OF THIS NRA OR NRA AMENDMENT CONSTITUTES ACCEPTANCE OF THE RATES AND TERMS OF THIS NRA OR NRA AMENDMENT." (e) clearly specify the rate and the shipment or shipments to which such rate will apply; (f) clearly specify whether additional surcharges, assessorial charges, pass-through charges or VOCC general rate increases will be applied to the NRA rate; (g) state any non-rate economic terms included in the NRA; and (h) amend the NRA rates, applicable shipments and terms but only for application prospectively on future shipments that the Carrier has not yet taken into its possession. 2. Carrier will assign each NRA a unique NRA number. 3. Carrier shall maintain records of each NRA in accordance with with FMC Regulations at 46 CFR 532.7. 4. Carrier's governing rules tariff is provided to Shippers at at www.fmccompliances.com in compliance with FMC Regulations as provided in 46 CFR 532.4. 5. Rates contained in an individual NRA shall always take precedence over a tariff rate for the for the same commodity in the Carrier's General Tariff of Applicability (No. 002). 6. All rates agreed in an NRA, unless clearly stated to be all- inclusive, shall be subject to surcharges and assessorials as published in Carrier's governing tariff rules. The surcharges and assessorials that will be applied to each NRA are those that are in effect as of the date the first shipment under each NRA is received by Carrier, and such surcharges and assessorials shall remain fixed at that level for the period the NRA is in effect. 7. NRAs proposed by or entered into by Carrier with an NRA Shipper Shipper shall contain a confidentiality clause that reads as follows: "The NRA shipper and Carrier agree that the shipper's identity, the rates, charges, terms and conditions offered and/or agreed in this NRA shall be kept confidential from any other shipper or carrier. Any breach of this confidentiality agreement may give rise to a cause of action for actual damages proven to result from such breach of confidentiality."