Terms & Conditions
Standard commercial terms, tank storage agreements, maritime logistics protocols, and operational conditions for KPE Storage.
General Operational Framework
These General Terms and Conditions govern all commercial relationships, portal access, terminal storage requests, and Tank Storage Agreements (TSA) entered into with KPE Storage B.V. (“Company”, “we”, “us”).
Effective date: February 2025 | Governing Law: Netherlands (Rotterdam District Court)
Acceptance of Terms and Definitions
By accessing this website, requesting quotes, or executing any storage agreement, the customer (“Client” or “User”) agrees to be bound unconditionally by these Terms and Conditions.
- “Terminal Facilities”: All onshore tank farms, bunkering stations, berths, pipeline manifolds, and loading racks operated or contracted by KPE Storage.
- “Products”: Crude oil, refined petroleum products, petrochemicals, biofuels, liquefied gas, and associated liquid bulk commodities.
- “Tank Storage Agreement (TSA)”: The bilateral contract stipulating reserved capacity, throughput commitments, product specifications, tariffs, and demurrage schedules.
Tank Storage Agreements (TSA) & Reservations
All bookings for bulk liquid storage capacity require a formally executed Tank Storage Agreement. Key terms include:
- Product Specification: The Client must supply verified Safety Data Sheets (SDS) and independent laboratory assay certificates prior to vessel berthing or pipeline injection.
- Quantity & Quality Determination: Independent accredited inspectors (e.g., SGS, Saybolt, Intertek) mutually appointed shall determine received and discharged quantities according to standard ASTM/API MPMS guidelines.
- Contamination Prevention: KPE Storage maintains rigorous line flushing and dedicated manifold protocols. Any off-spec introduction caused by Client representation failure remains solely the Client's liability.
Maritime Berthing, Laytime, and Demurrage
Vessel arrival notices (ETA 72/48/24/12 hours) must be transmitted to terminal dispatch. Berth allocation follows safety-first scheduling governed by port captain regulations. Laytime calculations and demurrage claims are subject to the specific operational allowances outlined in each TSA schedule and Port of Rotterdam port regulations.
Health, Safety, Security, and Environmental (HSSE) Compliance
Clients, carriers, and contractors entering KPE Storage facilities must strictly comply with ISPS Code protocols, terminal safety rules, ATEX equipment standards, and zero-tolerance environmental discharge directives. KPE Storage reserves the right to immediately halt operations or refuse vessel berthing upon detection of any hazardous condition.
Invoicing, Tariffs, and General Lien
Storage fees, throughput charges, and auxiliary service fees are payable within thirty (30) days from invoice issuance unless agreed otherwise in writing. In accordance with Dutch maritime law and Book 8 of the Dutch Civil Code, KPE Storage exercises a possessory lien over stored Products to secure all unpaid charges, costs, and demurrage claims.
Limitation of Liability & Force Majeure
Except in cases of proven gross negligence or willful misconduct, KPE Storage's aggregate liability for product loss, evaporation, or contamination is strictly limited to the direct market value or statutory maximums specified under Dutch logistics standards. Neither party shall be liable for indirect, consequential, or punitive damages, or delays arising from events of Force Majeure (including extreme weather, port closures, government embargoes, or labor disputes).
Governing Law and Exclusive Jurisdiction
All legal relationships between KPE Storage and the Client are exclusively governed by the laws of the Netherlands. Any disputes arising in connection with these Terms or any storage transaction shall be submitted to the exclusive jurisdiction of the competent Maritime and Commercial Chamber of the District Court of Rotterdam.
Commercial & Legal Inquiries
For questions concerning these Terms, Tank Storage Agreements, or to request standard TSA contract schedules:
Legal Department: KPE Storage B.V.
Address: Schenkkade 50, 2595 AR 's-Gravenhage, Netherlands
Email: support@kpe.qa
Direct Line: +31649376409