KINDER MORGAN PETCOKE, L.P.
DEEPWATER BULK TERMINAL
SCHEDULE OF WHARF CHARGES
FOR PETROLEUM COKE MOVEMENTS
KINDER MORGAN PETCOKE, L.P. (“Kinder Morgan”)
DEEPWATER BULK TERMINAL (“Terminal”)
EFFECTIVE
JANUARY 1, 2011
4207 Pasadena Freeway
Pasadena, TX 77503
John Klein – Terminal Manager/Facility
Phone: 281-241-5705
Cell:
281-881-2079
Fax:
281-478-5631
Email: John_Klein@kindermorgan.com
Bill Holmes – Terminal Manager/Operations
Phone: 281-241-5704
Cell:
832-723-1388
Fax:
281-478-5631
Email: William_Holmes@kindermorgan.com
SECTION I – SPECIFIC WHARF INFORMATION
Berth
1,100 feet (335.29m)
Length of Dock
670 feet (204.22m) in length
Maximum Vessel Length
750 feet (228.60m) – Larger vessels may be loaded upon approval
from Houston Pilot’s Association and written approval from
Terminal
Maximum Beam
106 feet (32.31m)
Depth of Water at Dock
40 Feet Maximum (12.19m) at Mean Low Tide (M.L.T.)
Note: May be less than 40 ft depending upon weather events
reducing available water depth below M.L.T. The Terminal will
make good faith effort to dredge periodically to maintain 40 ft
(12.19m).
Air Draft from Top of Hatch Cover
50 feet (15.24m)
Spout Reach From Face of Docks
65 feet (19.81m)
Minimum Hatch Opening
40 feet long x 25 feet wide (12.19m x 7.62m)
Rated Loading Capacity
Per Weather
Working day of 24 hours
Cargo Size
<25,000 wst
25,000 to 40,000 wst
40,000 to 50,000 wst
>50,000 wst
Trimming
Spout trim only.
Deballasting
Vessels must be capable of deballasting at 2,500 to 3,000 tons per
hour continuous load rate.
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Guaranteed Load Rate
15,000 wst per day (13,606.50 wmt)
20,000 wst per day (18,142.00 wmt)
30,000 wst per day (27,213.00 wmt)
33,333 wst per day (30,236.36 wmt)
Mooring Requirements
Securing vessel will be done using ship lines and Terminal–owned
or 3rd party line-handling boats. THE MINIMUM MOORING
ARRANGEMENT ASSUMES A FOURTEEN (14) MOORING
LINE DEPLOYMENT WITH 2 FORWARD LINES, 2
FORWARD BREAST LINES, 3 FORWARD SPRING LINES, 3
AFT SPRING LINES, 2 AFT BREAST LINES AND 2 AFT
LINES. Vessel shall arrange and pay for mooring services with a
mooring company acceptable to the Terminal.
SECTION II – SPECIFIC TERMINAL INFORMATION
DEMURRAGE/DESPATCH:
Except when caused by its own gross negligence, Kinder Morgan will not be responsible for any demurrage or
detention except as outlined in specific agreements between the terminal operator and users of the Terminal.
Kinder Morgan shall be responsible for demurrage and due payment for despatch in keeping with the agreement
between Kinder Morgan and its customers. In the event demurrage may be claimed, the user shall furnish
Kinder Morgan with a certified copy of the Charter Party provisions regarding demurrage/despatch (excluding
ocean freight terms). Kinder Morgan shall pay demurrage based on the agreed market price demurrage charges.
Demurrage fees shall be announced by the user and agreed to by Kinder Morgan at the time of nomination. The
Statement of Facts on the ship loading as produced by Kinder Morgan shall be the legal and binding Statement
of Facts for the ship loading. Kinder Morgan shall make its best efforts to make such Statement of Facts
accurate and true.
The loading rates upon which demurrage and despatch are based shall be those outlined in Section 1. Once the
loading of the vessel has commenced, there will be an allowance of two (2) hours for surveys of the vessel.
Any time beyond the two (2) hours will count against the vessel, not the terminal. No time allowance for
surveys will be provided or allowed once the vessel declares that all cargo has been loaded and that no further
cargo is to be loaded to the vessel. In other words, the Terminal is not responsible for the time it takes the
surveyor to finalize his paperwork and for the vessel to accept it once the cargo has been loaded.
Example #1: Vessel uses one hour and forty-five minutes for surveys and then declares cargo completion and
that no further cargo is to be loaded. Allowance for survey purposes is one hour and forty-five minutes.
Example #2: Vessel uses two hours and twenty-three minutes for surveys and then declares cargo completion
and that no further cargo is to be loaded. Allowance for survey purposes is two hours.
Kinder Morgan Shipper/Ship/Ship’s Agent shall pay despatch fees to Kinder Morgan in keeping with the terms
of payment for all other terminal services as outlined in this tariff. Despatch will be earned on the basis of ½
demurrage.
Kinder Morgan shall not be responsible or liable for any dead-freight incurred by any shipper, vessel,
vessel owner, charterer, or any other party for any cause. All parties will have ninety (90) days from date
of event to file any claims or disputes. Claims and/or disputes filed after ninety days from the date of
event will not be recognized by Kinder Morgan.
Note: Voyage time from the bar to the Terminal will not be included in the calculation of demurrage time. The
basis of time for demurrage or despatch will be from the time the vessel has been secured and cleared customs,
immigration and cleanliness survey and the hatch covers are opened and the loading spout is in position and the
vessel is prepared to receive product until the loading is complete.
DOCKAGE CHARGES (Layberth or Engaged in Trade):
Dockage for all vessels (whether for layberth or engaged in trade) will be charged at $0.33 (thirty-three cents)
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USD per Gross Registered Tonnage (“GRT”). The minimum charge shall be one day. A full day’s dockage
will be assessed for any time beyond a one hour grace period, i.e., any vessel staying more than one hour
beyond the preceding 24 hour day (for dockage purposes) will be charged an additional one day’s dockage. A
minimum of $2,040.00 per 24 hour day will be charged for all barges.
PORT SECURITY FEE:
In order to fulfill its responsibilities for security, including but not limited to responsibilities mandated under the
Maritime Transportation Security Act of 2002 and the US Coast Guard regulation 33 CFR 105, Kinder Morgan
will assess against and collect from all users of Kinder Morgan’s premises, services, or facilities, a Port Security
Fee as set forth herein. Such fee, in the amount set forth below, shall be in addition to all other fees and charges
due under this and other governing tariffs:
Vessels (including, without limitation, barges): Seven Percent (7%) of total dockage assessed per port call
LAUNCH SERVICE CHARGES:
The following charge will be assessed for LAUNCH SERVICE:
Launch Service per day
$720.00
VESSELS TO ARRIVE IN A “DECK CLEANED” CONDITION:
Federal, state and city laws prohibit the overflow of any objectionable matter into the water. It is the
responsibility of the Vessel to arrive at Terminal in a “deck cleaned” (free of debris, commodity, tripping
hazards, etc.) condition. Vessels arriving in a “dirty deck” condition will be charged $3,500.00 (U.S.) per hour
during the delay for clean-up. Terminal, at its sole discretion, may allow Vessel to clean-up before loading
commences or may order Vessel to vacate the berth. Terminal will be responsible for clean-up which may be
necessary during normal loading operations. All vessels will depart the Terminal with their decks cleaned of
objectionable matter. It is the responsibility of the Vessel to report to the Terminal all “dirty deck” conditions
prior to departing the berth.
SURFACTANT USAGE:
In order to meet Federal, state and city laws environmental regulations, Kinder Morgan reserves the right to
spray a dust surfactant (BT-205W and currently supplied by Benetech) upon the petroleum coke while loading
into vessels at the Terminal. Associated MSDS is available upon request.
ARRIVAL/ DEPARTURE:
* Vessel will be allowed 1 hour free time for arrival and 1 hour free time for departure from the time called by
agents before being subject to stand-by charges.
INTEREST:
All vessels, their owners or agents, are responsible for payment of all charges no later than 30 days after the
invoice date. After 20 days, a 1.5% per month penalty charge may be assessed on the total invoice amount.
Failure to pay within 30 days is grounds for Kinder Morgan to draw on the bond. Failure to pay total after 45
days shall, at Kinder Morgan’s option, result in loss of credit and trigger prepayment of all fees.
BUNKERING AT THE TERMINAL:
For the barge and/or launch, there shall be a minimum charge of $3,500.00. This minimum charge includes the
first four hours of pumping per barge. Each subsequent hour will be charged at an additional $350.00 per hour,
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$2,000.00 for each additional barge and/or launch, with $350.00 per hour after the first four hours, accordingly
for each. Kinder Morgan may at its option not allow bunkering or require bunkering to be performed prior to or
after loading. Ships must declare the need to bunker when they are nominated to Kinder Morgan. Shore-side
bunkering is forbidden.
All vessels bunkering at the Terminal agree to indemnify and save harmless Kinder Morgan from and against
all losses, claims, demands, and suits for damages, including death and personal injury, and including court
costs and attorney fees, incident to or resulting from their bunkering operations on the property of Kinder
Morgan and use of its facilities.
ADDITIONAL SERVICES:
For any service or function not specifically provided for in this Schedule, requested by Customer and agreed to
and provided by the Terminal, there shall be a charge to Customer equal to the sum of (a) the cost of Kinder
Morgan’s labor used on such services, at a rate of either (i) $50.00 per hour of labor involved, if such work is
performed during regular operating hours, and (ii) $75.00 per hour of labor involved, if such work is performed
during overtime hours; plus (b) the cost of materials and equipment used for such additional work plus 15% of
such sum; plus (c) the amount of charges made by contracted services, if any, plus 15% of said sum.
WHARFAGE RATES:
Wharfage will be charged for vessels/barges discharging/loading/transshipping cargo directly to or from
vessels/barges. Wharfage shall be negotiated between Kinder Morgan and entity per Agreement prior to any
discharging/loading/transshipping taking place. No such discharging/loading/transshipping shall occur without
the prior approval of Kinder Morgan and if necessary, the U.S. Coast Guard or Corps of Engineers.
OTHER SERVICES OR FEES NOT PROVIDED FOR IN THIS SCHEDULE:
For any service or function not specifically provided for in this Schedule, requested by Customer, required by
the Terminal, Kinder Morgan, Port of Houston Authority, or any newly created or undisclosed fee implemented
by any government agency, there shall be a charge to Customer equal to the greater of (a) the cost to the
Terminal, and/or Kinder Morgan, or (b) the rate specified in the Port of Houston Authority’s Schedule No.8 in
effect at the time the service and/or fee is incurred.
CHARGES FOR VESSEL CAUSED DELAYS AND/OR FAILURE TO VACATE:
The Terminal reserves the right to order any vessel from berth at the sole discretion of the Terminal. Should the
vessel fail to vacate when so ordered, the vessel will be solely responsible for the costs to Kinder Morgan (See
Sub Rule 23). Any delays caused by the vessel are billable to vessel’s owners at Three Thousand Five Hundred
US Dollars ($3,500.00 US) per hour or portion thereof based on 15 minute intervals after a four hour “grace”
period following the date and time of notice to vessel. The rate charged hereunder constitutes one of two
amounts: the anticipated damages incurred by Kinder Morgan at the effective date of this Schedule of Wharf
Charges, or the actual damages incurred by Kinder Morgan directly resulting from vessel caused delays.
SECTION III - DEFINITIONS
SUB RULE (1)
DAY: A consecutive 24-hour period or fraction thereof.
SUB RULE (2)
WEATHER WORKING DAY: Wind, rainfall intensity, tide
conditions at the berth, severe weather as in tornadoes, hurricanes,
lightening, windstorm severity based on the Terminal’s judgment
or Coast Guard mandate.
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SUB RULE (3)
DOCKAGE: The charge assessed against a vessel for berthing at
the Terminal.
SUB RULE (4)
HOLIDAYS: Labor Day, and 6:00 P.M. CST December 24th
through 6:00 A.M. December 26th (Christmas) – exact times
subject to change solely at the discretion of the Terminal.
SUB RULE (5)
TON: A unit of weight of 2,000 pounds.
SUB RULE (6)
ARRIVAL AT BERTH: The time at which an incoming vessel
moors to her berth, calculated from the time the last line is secured.
SUB RULE (7)
DEPARTURE FROM BERTH: The time at which an outgoing
vessel leaves her berth, calculated from the time the last line is
released.
SUB RULE (8)
VESSEL: Includes within its meaning every description of water
craft or other artificial contrivance whether self-propelled or nonself-propelled, used, or capable of being used, as a means of
transportation on water, and shall include in its meaning the owner
thereof.
SECTION IV - ARRIVAL PROCEDURE AND CONDITIONS FOR VESSEL LOADING
SUB RULE (9)
GENERAL APPLICATIONS
The use of Kinder Morgan facilities constitutes an acceptance by the user of all charges, rules and regulations
published in this manual and the user agrees to pay all charges and be governed by all rules and regulations
published in the manual. The charges, rules, and regulations published in this manual apply on all cargo
moving through the facilities of Kinder Morgan, and shall apply equally to all users of the facilities.
SUB RULE (10)
VESSEL NOMINATION
Customer shall nominate a vessel to be named (“TBN”) with a ten (10) day layday period at least thirty (30)
days prior to the estimated time of arrival (“ETA”) of the subject Vessel. Terminal will advise Customer in
writing by email or fax within twenty-four hours of the acceptance of vessel nomination. Additionally, if the
nomination is accepted, Customer will advise Terminal in writing by email or fax at least seven (7) days prior to
the vessel’s ETA of: (i) specific vessel details such as name, previous-name, type of bulk carrier, flag,
GRT/NRT, year and place built, name of classification society and P&I Club, etc., (ii) tonnage of petroleum
coke required from each Terminal customer (Shell, Houston Refining, etc.), and (iii) identify the five (5) day
“Arrival Window” selected. Customer may substitute another vessel for the one specifically named within three
(3) days prior to the vessel’s ETA at Terminal so long as the vessel is acceptable to Terminal, the cargo
requirements are substantially unchanged from the original nomination, and Customer notifies Terminal in
writing by email or fax. Kinder Morgan shall not be liable for demurrage if Customer does not follow above
nomination procedures.
The “Arrival Window” shall be a five (5) day period wholly inside the originally approved ten (10) layday
period. Customer will advise Terminal at least seven (7) days prior to arrival of an approximate ETA.
Customer understands that the “Arrival Window” designation establishes the subject vessel spot in the lineup at
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Terminal. Should the subject vessel arrive prior to or after the dates specified in the “Arrival Window”
designation, Terminal may not acknowledge the vessel’s Notice of Readiness (“NOR”) as it is tendered.
Terminal will, however, use reasonable efforts to acknowledge NOR as soon as possible, but shall have no legal
obligation to do so. At no time shall such acknowledgement of the NOR constitute an agreement to alter the
vessel’s nominated Arrival Window. Vessel demurrage will not be reimbursed for any vessel arriving outside
of its originally approved Arrival Window.
Customer shall arrange for the master of the nominated vessel or agent to inform Terminal of the vessel's
estimated time of arrival at the Terminal seven (7) days, five (5) days, three (3) days, 48 hours and 24 hours
prior to arrival.
Terminal shall have absolute discretion to determine the order in which ships are loaded. All customers of
Terminal shall have equal access to the facility’s berth. Without limiting the foregoing, Terminal will make
efforts to berth in order of nomination acceptance subject to (i) timely issuance of Certificate of Readiness/Hold
Cleanliness, (ii) availability of petroleum coke to be loaded, (iii) size of ship, (iv) weather conditions, (v) timely
receipts of ETA, (vi) timely arrival within approved window, (vii) observance of Terminal requirements, and
(viii) terminal convenience. The Terminal shall have sole discretion on which vessel is taken in based on the
requirements of the Terminal.
If at any time Terminal anticipates a loading conflict with Customer's ETA schedule and other users of the
Terminal, both parties shall discuss such conflicts to prevent concurrent arrival of multiple vessels. Nominations
will not be accepted if Customer does not have sufficient commodity in stock at Terminal as determined by
Terminal. In the event a nomination is cancelled by the Customer, all related nominations and/or “Arrival
Windows” previously accepted by Terminal for said Customer will be considered null and void and customer
will be required to resubmit nominations accordingly. In the event that Customer nominates and tenders two or
more vessels with overlapping laycans, Terminal will not be responsible for any demurrage on the second or
subsequent vessel(s) outside their originally scheduled windows.
A Berth Application and Acceptance of Financial Responsibility form shall be filed with the Terminal a
minimum of 72 hours prior to berthing of vessel at the Terminal. Application for berth at the Terminal should
be placed as far in advance as possible. In the event applicant is not the contracting party and disclaims
responsibility for all or any charges incurred through use or occupancy of the facility, the name and address of
such contracting party must be furnished to the Terminal in writing prior to berth occupancy.
Assignment of a berth at the Terminal is made and accepted upon the express warranty by the applicant and the
express condition by Kinder Morgan that the vessel is in all respects ready to receive or discharge cargo,
passing all governmental agencies’ requirements, being in free practique, and having cargo available to receive
at the Terminal. If for any reason the cargo to be received is not available, the Terminal is authorized and may
require the berth be vacated at the expense of the party contracting for the movement of the cargo through
Kinder Morgan. Any ship, barge, her owners or charters, failing to vacate its berth when so ordered, shall be
subject to payment of additional dockage charges at the rate of Three Thousand Five Hundred US Dollars
($3,500.00 US) per hour or portion thereof based on 15 minute intervals after a four hour “grace” period. The
barge and/or vessel shall be given a four hour “grace” period after notice to vacate is given before additional
charges are incurred. The Terminal reserves the right to remove a vessel from the berth at the expense of the
party contracting for the movement of the cargo.
SUB RULE (11)
VESSEL REQUIREMENTS
(A)
No vessel will be allowed to berth if not in light ship condition without prior approval of the Terminal.
(B)
With Terminal’s prior approval, Ship personnel may pass through Terminal property by vehicle but not
on foot.
(C)
Bunkering availability shall be limited to times acceptable to the Terminal’s Dock Master/Manager
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and its dock schedule. The Terminal may allow bunkering to the Vessel at its sole discretion.
(D)
Vessels must be capable of deballasting at a rate consistent with the Terminal’s requirements specified
in SECTION I – SPECIFIC WHARF INFORMATION. If a Vessel represents that it can deballast at
the required rate and cannot do so, Kinder Morgan shall charge detention on the Vessel at a rate of
Three Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof based on 15
minute intervals for all delay time during the loading.
(E)
Maximum dead weight allowed for a vessel is 75,000 tons.
(F)
Adequate lighting must be provided by vessel to ensure safe night cargo operations and to sufficiently
illuminate any masts, derricks, cranes or other structures which may obstruct movements of the
shiploader.
SUB RULE (12)
KINDER MORGAN LIABLITY
Kinder Morgan shall not be liable for any loss or damage to any cargo handled over or through its facilities.
Kinder Morgan shall not be liable for any delay, loss or damage resulting from, but not limited to, strikes, fires,
explosions, weather, tumult, insurrection or acts of God.
SUB RULE (13)
KINDER MORGAN HELD HARMLESS
All users of the Terminal agree to indemnify and save harmless Kinder Morgan from and against all losses,
claims, demands, and suits for damages, including death and personal injury, and including court costs and
attorney fees, incident to or resulting from their operations on the property of Kinder Morgan and use of its
facilities.
SUB RULE (14)
RESPONSIBILITY FOR DAMAGES TO FACILITIES
All vessels, their owners and agents shall be responsible for any damage caused by the vessel to the wharf or
any installation or equipment which is the property of Kinder Morgan, for any reason. Kinder Morgan shall
reserve the right to repair or contract for repair of such damage. Kinder Morgan shall be able to detain any
vessel or other watercraft responsible for such damage until security has been given in the amount of such
damage.
SUB RULE (15)
ACCESS TO SHIPPING DOCUMENTS
Shippers, vessels, owners, and agents will permit Kinder Morgan access to manifests, loading documents,
vessel charter party (excluding only ocean freight rate, but including demurrage and despatch provisions) or any
pertinent documents for the purpose of audits to determine the accuracy of reports filed or for obtaining
necessary information for correct billing of charges such as demurrage and despatch.
SUB RULE (16)
INSURANCE
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The charges published in this manual do not include any expense for insurance covering any loss or damage to
the cargo nor will such insurance be affected by Kinder Morgan under its policies.
SUB RULE (17)
FIRE PROTECTION
(A)
Smoking is prohibited on Kinder Morgan facilities except in designated areas.
(B)
When welding, cutting, burning, heating, or other hot work to be done on vessels while at the
Terminal, a certificate issued by a marine chemist must be obtained and a copy filed with the
Terminal’s Operations Manager and/or the U.S. Coast Guard prior to commencing work.
SECTION V - SCHEDULES AND CONDITIONS ALONGSIDE BERTH
SUB RULE (18)
NOTICE
Vessel shall send written estimated time of arrival’s (ETA’s) to the Terminal for the contracted
loading/discharge as follows: 15 days, 10 days, 5 days, 48 hours, 24 hours, 12 hours, and 6 hours prior to
arrival. If Vessel fails to notify the Terminal as stated above, then Kinder Morgan is not liable for any delays
caused due to insufficient notification.
SUB RULE (19)
VESSEL TO REMAIN ALL FAST IN BERTH
It is the vessel’s responsibility to maintain the vessel all fast in berth at all times. Vessel is required to maintain
lines taught at all times to prevent vessel from moving in berth. The Terminal reserves the right, in its
reasonable discretion, to: (i) suspend loading (with simultaneous suspension of lay time), and/or (ii) take vessel
off-hire, and/or (iii) require vessel to ballast to safe condition, and/or (iv) leave berth at vessels expense if lines
are not kept tight. The vessel will be held responsible for all delay costs resulting from not maintaining the
vessel all fast in the berth.
SUB RULE (20)
VESSEL TO SAFELY SHIFT ON ITS OWN LINES
If necessary, vessel shall safely shift on its own lines as required by the Terminal during loading.
SUB RULE (21)
NUISANCE CREATED BY VESSELS
No vessel will permit excessive smoke, steam, noise or cleaning of boiler tubes by blowing or other means
while in the channel or at the port.
SUB RULE (22)
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VESSELS REQUIRED TO USE TUGS
All vessels docking or undocking at the Terminal berths shall be required to use tug assistance.
SUB RULE (23)
VESSELS TO VACATE
The Terminal may order any vessel to vacate, at vessel’s expense, at anytime there may be a potential hazard to
the vessel, the berth, the Terminal’s facilities, or the rights, property or safety of others, or would unreasonably
interfere with the use of the Terminal’s facilities by others. Any vessel, barge, her owners or charters, failing to
vacate its berth when so ordered, shall be subject to payment of additional dockage charges at the rate of Three
Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof based on 15 minute intervals.
The Terminal reserves the right to remove a vessel from the berth at the expense of the party contracting for the
movement of the cargo. The barge and/or vessel shall be given a four hour “grace” period after notice to vacate
is given before additional charges are incurred.
SUB RULE (24)
DOCKAGE RULES
Dockage will be charged on a “per day” or portion thereof basis, based upon the time of the vessel’s Arrival at
Berth until the vessel’s Departure from Berth.
Dockage will be charged for inland barges discharging or loading cargo directly to or from ship. No such
transfer shall occur without the prior approval of the Terminal and if necessary, the U.S. Coast Guard.
Dockage for all vessels will be charged on the Gross Registered Tonnage (GRT) in feet shown in Lloyd’s
Register of Shipping. The Terminal reserves the right to re-measure any vessel and use that measurement as the
basis for dockage.
The Terminal, at its sole discretion, may give ocean-going vessels priority over barges. The Terminal will
guarantee to load a maximum of four (4) barges per weather working day unless otherwise approved by the
Terminal. Additionally, barge owners, charterers, and/or agents will be responsible for any and all other costs
incurred and associated with loading barges – such as tug assistance charges, etc.
Dockage rates are subject to change at the discretion of Kinder Morgan. Lack of notice by Kinder Morgan or
lack of acknowledgement by Vessel will not relieve Vessel of its obligation to pay the changed fees.
For dockage charges, see DOCKAGE CHARGES.
SUB RULE (25)
TERMINAL HOURS
The Terminal will operate 24 hours per day unless amended by Kinder Morgan except HOLIDAYS.
SUB RULE (26)
RESPONSIBILITY FOR CHARGES AND PAYMENT
All services rendered by Kinder Morgan for dockage, line handling, and special services will be charged to the
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vessel owner, charterer, or operator. The ship’s agent shall be responsible for payment of all such charges and
fees, in a prompt and timely manner.
Submission of a berth request by the ship agent constitutes acceptance by the vessel of all terms and conditions
of this manual and agreement to pay all charges against the vessel unless waived in writing by Kinder Morgan.
All agents must post a payment bond acceptable to Kinder Morgan for vessel charges at least 30 days prior to
any vessel nomination.
Kinder Morgan does not recognize the numerous shippers or consignees, and cannot attempt to collect or assist
in collecting any Kinder Morgan invoices or bills which may be passed on to shippers or consignees by the
vessel, its owner or agent. Such bills must be paid regardless of when the vessel, its owner and agent are
reimbursed. Any errors in the bills will be rectified by Kinder Morgan. Not withstanding the forgoing, Kinder
Morgan shall have the right to recover unpaid vessel charges from the originator of the cargo in the event the
ship owner, agent, or consignee does not satisfy the outstanding invoices.
All invoices are rendered in accordance with this Schedule and are due upon presentation. Failure to pay within
30 days may, at the option of Kinder Morgan, result in the responsible party being placed on the delinquent list.
Any parties placed on the delinquent list may be denied further use of Kinder Morgan facilities until all
outstanding charges have been paid. Kinder Morgan shall at its option draw on the payment bond when
payments are 45 days past due. Invoices are due net 10 days from date of invoice.
Kinder Morgan reserves the right to estimate and collect, in advance, all charges which may accrue against
vessels, their owners or agents, or other users of the facilities, or against cargo loaded or discharged by such
vessels or other users of the facilities, whose credit has not been properly established with Kinder Morgan. Use
of the facilities may be denied unless such advance payments or deposits are made.
Kinder Morgan reserves the right to accept or reject any ship’s agent or vessel and require the posting of
payment bonds as set forth here in at the sole discretion of Kinder Morgan
Presentation of bills to owners or agents of vessels is executed as a matter of accommodation and convenience,
and shall not constitute a waiver of the liens for charges furnished a vessel.
SUB RULE (27)
AGENTS:
For coordination purposes, Kinder Morgan requires that the shipping agents be pre-approved by Kinder Morgan
SUB RULE (28)
KINDER MORGAN PETCOKE, L.P. OPERATOR
Kinder Morgan, operator, shall in all cases mean Kinder Morgan Petcoke, L.P. or its designee.
SUB RULE (29)
VESSEL LOADING
Kinder Morgan requires the full cooperation of the master, crew and agents of all vessels loading at the
Terminal. This includes, but is not limited to the following:
(A)
The Vessel’s Master and Chief Mate are responsible for the proper loading of their vessel.
Terminal personnel are at the Vessel’s direction in this regard.
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(B)
Shore scales are NOT accurate and should be used as a guide only. It is the responsibility of the
Vessel’s officers, and not Terminal personnel, to stop loading – not only when the desired draft
has been reached but also prior to reaching the maximum quantity of cargo.
(C)
There are approximately 100 metric tons on the belt, which must be loaded before the belt can
stop. Increments of less than 100 metric tons can only be approximated.
(D)
Providing a loading and or discharge plan prior to arrival but not later than boarding by Terminal
personal. Any change to the loading and or discharge plan must be given in writing to Terminal
personnel.
(E)
Provide vessel particulars including GRT, LOA, beam, hatch configuration, dimensions, and spacing,
cranes, as well as on deck obstructions.
(F)
Vessel pumping ballast as and when requested by the Terminal as well as stopping ballast removal
at the request of the Terminal.
(G)
Vessel arriving above the air draft specified by the Terminal.
(H)
Vessel maintaining an “all fast” condition in the berth before, during, and after loading.
(I)
Shifting the vessel in berth at the direction of the Terminal 24 hours per day if necessary in the
Terminal’s opinion.
(J)
During Vessel trimming, the Terminal shall not be required to load cargo into more than two
hatches after completion of the load plan unless the vessel pays Kinder Morgan detention charges as
outlined in VESSEL REQUIREMENTS at Three Thousand Five Hundred US Dollars ($3,500.00 US)
per hour or portion thereof based on 15 minute intervals.
(K)
Relocate or rotate ships gear to clear the hatches and or loading/discharging system immediately
upon request by the Terminal 24 hours per day during vessel occupancy at the berth.
(L)
Open or close hatches as and when requested by the Terminal including prior to boarding by the
Terminal personnel upon arrival and completion of berthing i.e., when all fast in the berth.
(M)
Upon request by the Terminal, a suitable space shall be made available on board ship for the
Terminal’s load master and/or loading personnel for use during weather delays and while calculating
stowage or loading systems.
(N)
In the event of a loading system breakdown or berth system damage, the vessel shall provide all
necessary assistance to reduce damages and/or to assist the Terminal in resuming the loading
activity.
(O)
The loading and or discharge of any cargo via Kinder Morgan’s equipment shall constitute
acceptance, in full, of all provisions in the Schedule. Failure of vessel’s officers to sign any
forms or the modification of any forms by vessel’s officers shall not relieve vessel of its
obligations under this Schedule.
(P)
The Terminal may at its sole discretion load only to a draft of 39’ 00” when weather/tide forecast
indicate that loading to a deeper draft would substantially delay several other vessels.
Occasional cold fronts (northers) and fog (both November through March) are beyond anyone’s
control. The Houston Pilots restrict ships with a draft in excess of 39’ 00” to daylight traffic, i.e. to
a window of about 8 hours out of a 24 hours day during the winter months. The Terminal will load to
more than 39’ 00” when the forecast for water level and visibility is favorable. When the forecast
indicates that a norther or fog will delay vessel by more than 12 hours and there are several other ships
waiting, then the Terminal may decide to load only to 39’00” to permit sailing ahead of the projected
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norther respectively fog.
SUB RULE (30)
INTERPRETATION
Kinder Morgan reserves the right to interpret and apply the Schedule of Wharf Charges in its sole discretion.
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