RULE: 90 - NRA OPTION (NEGOTIATED RATE ARRANGEMENTS) Eff: 18MAY2011
| Effective | 18MAY2011 |
|---|---|
| Filed | 18MAY2011 |
| Filing Codes | I |
Control No. 11-07299
Walsh C.H.B. Inc. d/b/a Walsh International has opted to utilize the
NVOCC Negotiated Rate Arrangement (NRA) Option provided under FMC
Regulations found at 46 CFR 532 whenever Carrier and Shipper have
formally agreed to an NRA as defined therein, in lieu of
publishing/posting a Rate within its Rate Tariff. Each NRA shall be
in writing and shall contain the following elements and restrictions:
NRA ELEMENTS - Each NRA Shall Contain:
a. the name of the Carrier as Walsh C.H.B. Inc. d/b/a Walsh International
or just the d/b/a name "Walsh International" and the legal of the
Shipper agreeing to the NRA, their addresses, the names of the
individuals signing on behalf of both Walsh International and the
Shipper (as well as the address of the Shipper's signing party if
different than the legal Shipper address), and the names and
addresses of all Shipper affiliated parties who are authorized to
utilize the NRA;
b. the Commodity or Commodities that may or may NOT be tendered by the
Shipper to Walsh International for transportation under the NRA;
c. the rate or rates agreed to by the parties listed by Origin and
Destination, any per shipment minimum weight or size restrictions
applying to each rate, and the service Carrier will provide at
origin and destination (i.e. Container Freight Station, Door,
Container Yard...);
d. any routing restrictions, underlying VOCC usage restrictions,
transit service restrictions, or Hazardous cargo restrictions;
e. an expiration date beyond which the NRA is no longer valid;
f. a list of any Surcharge or Assessorial Charge, or a list of any
Surcharge or Assessorial Charge named in the Governing Rules Tariff,
that shall be applied in addition to the NRA Base Rate for
transportation services - OR a statement to the effect that the NRA
is NOT subject to any Surcharge or Assessorial charge;
g. a statement that the NRA is Subject to the Governing Rules Tariff
002 maintained by Walsh International at www.ratewave.com and that
access to such Rules Tariff is open and free of any password
restriction;
h. a statement that no change can or will be made to the NRA rate,
surcharges, assessorial charges or terms once the Shipper has
tendered the first shipment under the NRA;
i. a unique alpha-numeric number assigned by Walsh International. This
unique alpha-numeric number is to be placed on all Walsh International
House B/Ls, Invoices or similar documents covering shipments made
under the NRA.
RESTRICTION TO WHICH ALL NRAs ARE SBJ:
i. each NRA must be agreed to in writing by both parities PRIOR to
the date the Shipper (or any of its affiliates or agents -
including any originating Carriers when the NRA includes inland
transportation movements) tenders any cargo to Walsh International
under the NRA; and
ii. each NRA may NOT be modified in any way after the first shipment
is tendered to the NVOCC, its agent or any originating Carriers
where the NRA provides for inland service. This prohibition
includes, but is not restricted to, changes in Rates, Surcharges
or other terms, the addition of any new Rates or Terms, and adding
or change to an expiration date of the NRA; and
iii. each House B/L issued by Walsh International pursuant to an NRA
shall bear a statement in a prominent place reading substantially
as follows:
"This B/L shall be rated in accordance with and shall be subject
to NRA No. (here place NRA number);" and
iv. Walsh International will maintain all records associated with each
NRA for a minimum of five (5) years as required under 46 CFR 532.7;
such records will be made available for FMC inspection promptly
upon request.
In all cases and without exception, an NRA shall take precedence over,
and will not alternate with, any rate, surcharge or assessorial charge
(when specified) that is published/posted in Carrier?s Governing Rules
or Rate Tariff.
