Rule Number | Rule Name | File Amend Type | File Date | Effective Date | Thru Date | Expire Date |
35 | NEGOTIATED RATE ARRANGEMENTS (NRA) | IC | 27Jun2016 | 27Jun2016 |
1. Carrier may, in lieu of publishing a tariff rate,
enter into a Negotiated Rate Arrangement ("NRA") with
any NRA Shipper. The NRA shall contain the following
elements:
(a) be in writing;
(b) contain the legal name of the parties; and contain
the names of the representatives of the parties
agreeing to the NRA;
(c) 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);
(d) clearly specify the rate and the shipment or
shipments to which such rate will apply; and
(e) may not be modified after the time the initial
shipment is received by the carrier or its agent
(including originating carriers in the case of
through transportation).
2. Carrier will assign each NRA a unique NRA number.
3. Carrier shall maintain records of each NRA in accordance
with FMC Regulations, 46 CFR 532.7.
4. Carrier’s governing rules tariff is provided to shippers
at www.tmforwarding.com in compliance with FMC Regulations as
provided in 46 CFR 532.7.
5. An NRA shall always take precedence over a tariff rate
for the same commodity.
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 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 an 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.