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1. Carrier may, in lieu of publishing a tariff rate, enter into a Negotiated Rate Arrangement
("NRA") with any NRA Shipper as set forth in 46 CFR §532.2, and must meet the following
requirements:
(a) Writing. The NRA must be in writing.
(b) Parties. The NRA must contain the names of the parties and the names of the
representatives agreeing to the NRA.
(c) Agreement. The terms of the NRA must be agreed to by both NRA shipper and NVOCC,
prior to receipt of cargo by the NVOCC. The shipper is considered to have agreed
to the terms of the NRA if the shipper:
(1) Provides the NVOCC with a signed agreement;
(2) Sends the NVOCC a written communication, including an email, indicating
acceptance of the NRA terms; or
(3) Books a shipment after receiving the NRA terms from the NVOCC, if the
NVOCC incorporates in the NRA terms the following text in bold font and
all 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.”
(d) Rates and terms —
(1) General. The NRA must clearly specify the rate and terms, as well as the
shipment or shipments to which such rate will apply.
(2) Surcharges, assessorial charges, and GRIs.
(i) If the rate is not an “all-in rate,” the NRA must specify whether
additional surcharges, additional assessorial charges, or ocean common
carrier general rate increases (“GRIs”) will apply.
2. The NRA may list the additional surcharges or assessorial charges, including pass-through
charges, or reference specific surcharges or assessorial charges in the NVOCC's rules tariff.
(a) If the additional surcharges or assessorial charges are included in the NVOCC's rules
tariff, those additional surcharges or assessorial charges and the corresponding amounts
specified in the rules tariff must be fixed once the first shipment has been received
by the NVOCC until the last shipment is delivered, subject to an amendment of the NRA.
(b) For any pass-through charge for which a specific amount is not included in the NRA or
the rules tariff, the NVOCC may only invoice the shipper for charges the NVOCC incurs,
with no markup.
3. Non-rate economic terms. The NRA may include non-rate economic terms.
4. Amendment. The NRA may be amended after the time the initial shipment is received by the NVOCC,
but such changes may only apply prospectively to shipments not yet received by the NVOCC.
5. Carrier's governing rules tariff is provided to Shippers at NO COST in compliance with FMC
Regulations as provided in 46 CFR 532.4 at publisher's website: new.fmccompliances.com.
6. 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.
7. 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.
8. 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."
9. Carrier shall maintain records of each NRA in accordance with with FMC Regulations
at 46 CFR 532.7.
10. Carrier's governing rules tariff is provided to Shippers at new.fmccompliances.com
in compliance with FMC Regulations as provided in 46 CFR 532.7.
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