RULE: 36 - NEGOTIATED RATE ARRANGEMENTS (NRA) Eff: 23MAY2022

Effective 23MAY2022
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."

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