What terms of a service arrangement may cross reference other material? What may that referenced material be, specifically, can it include a published tariff?
The parties may agree to make their NSAs refer to any widely available published material which is well known in the industry. An example of such cross-referencing would be to the currency exchange rates as published in the Wall Street Journal. Such cross-referencing may also include reference to an NVOCC’s general rules tariff. Filers should particularly note that the terms of NSAs may not be “uncertain, vague or ambiguous.” 46 CFR 531.9(b)(1). Reference may not be made to a tariff of a common carrier other than that of the NVOCC offering the NSA.
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