Continental Field Systems, Inc.

Field Terms & Conditions

Please enter the following on any purchase order that results from the accompanying CFS Rate Sheet and/or CFS Quotation:
·          The CFS Rate Sheet Number
·          The accompanying CFS Quotation Number, if applicable
·          Any and all Quality Control Requirements, stipulations, guidelines, etc. that you desire to be applicable to the contracted work.

CFS reserves the right to require a 25% deposit for jobs estimated at a value over $100,000.00 unless other written arrangements have been made with CFS Management prior to the start of the job.

Every purchase order issued to CFS following the effective date of the accompanying CFS Rate Sheet/Quotation and/or bearing the notation of the accompanying CFS Rate Sheet/Quotation shall be governed by and be deemed to include the Terms and Conditions herein. In the event of any inconsistency between the Terms and Conditions contained herein and the terms of any purchase order, the Terms and Conditions herein shall prevail.

CFS mandates that all jobs will be invoiced as utilizing a minimum of (1) Supervisor classification of personnel. Any exclusion of supervisor will be at CFS discretion only

The customer is to provide scaffolding, lift facilities, adequate work space under cranes, 100 PSI air service and temporary houses, and work platforms and/or shelters, as required.

The customer is to provide 110 volt, single-phase and 480 volt, three-phase electrical power. Should 480 volt, three-phase current not be available, a transformer will have to be provided by the customer. The customer is responsible for connecting, maintaining and disconnecting all electrical power for CFS machining and/or welding equipment. Welding equipment requires a minimum of 480 volt 30 amp, three-phase and 110 VAC/20 AMP power service. Otherwise, CFS will furnish any and/or all of the foregoing at extra cost to the customer.

The customer shall provide all rigging, positioning, cribbing, tack welding, etc. that may be required to position, assemble, support, and disassemble any CFS machining or welding set-up. Otherwise, CFS will furnish at extra cost to the customer.

CFS requires from the customer timely crane, lift truck, and/or hoisting support, as well as occasional craft labor support to offload, position, recover, and load out CFS equipment. CFS may also require responsive and timely crane support during the actual work itself. Crane non-availability may result in stand-by time and may be invoiced as an extra charge to customer.

The customer shall provide CFS employees with ample contractor parking, sanitation facilities with running water, potable water, and access to telephones, personnel trailers and/or suitable office space for administrative duties.

All pricing is based on immediate and continuous access to repair areas. All customer-caused delays will be documented, and may be invoiced as an extra charge.

Pricing does not cover any metallurgical problems discovered while machining and/or welding, such as, but not limited to, glazed or hardened areas and/or discovery of a base metal different from that which is anticipated. Such conditions will immediately be reported and discussed with customer’s representative at the time of discovery.

Pricing and scheduling for CFS machining and/or welding work are based on measurements from positions such as datum, location, or reference points (points assumed to be within OEM factory tolerance). CFS assumes the accuracy of all location, reference and datum points illustrated on prints or drawings and/or evidenced on the part or machine itself. When CFS measures from such prints or drawings or the part or machine itself, CFS will perform machining/welding work based on those measurements. CFS is not responsible for datum, location, or reference points that are incorrectly placed or measured, and/or not within OEM factory tolerance.

CFS requires customer-approved manufacturing outline(s) and/or customer-approved machining/welding print(s) prior to our personnel commencing any work.

CFS reserves the right to review any nondestructive examination data or inspection results prior to repairing welds deemed by the customer or customer’s representative as non-acceptable. Should CFS be denied access to the reports and data concerning the defective work, any repairs will be considered extra scope work, and will be billed in addition, pursuant to the accompanying Rate Sheet and/or Quotation.

Maximum exposure for nuclear projects is set at 5000 m/Rem per man, per year. In the event a technician reaches this level of exposure, replacement of personnel will be invoiced at an extra charge pursuant to the accompanying Rate Schedule and/or Quotation.

Following nuclear projects, decontamination of CFS equipment to a “Free Releasable State”, per the U.S. Standards, will be performed at an off-site decontamination facility with the assistance of CFS technicians. All shipping costs and services provided by the decontamination facility will be invoiced at cost plus 15%. All CFS labor associated with assisting in this effort will be invoiced per the attached Rate Sheet and/or Quotation. All equipment or parts deemed not “Free Releasable” will be invoiced at cost plus 15%. Any contaminated material or equipment left at site will become the responsibility of the selected off-site decontamination facility, and disposed of as they see fit. All components are to be returned to CFS assembled as it entered the facility. If items aren't re-assembled prior to CFS return, then all labor associated with re-assembly will be billed at T&M per attached rate schedule.

CFS' typical invoicing process ranges between 30-60 days after job completion. This stated time allows for collection of the needed backup documentation and third-party invoices for all consumables, purchased items, subcontracted services, airfare, hotel, and transportation charges. Any request to provide our invoice prior to this stated duration will be evaluated on a per job basis. CFS, at its discretion, may deny requests for expedited invoicing if it is determined that a complete and accurate invoice cannot be generated in an expedient manner.

No warranty is either expressed or implied. CFS may, however, repair or replace at its own cost and at its own discretion, for a period of not more than one (1) year from invoice date, any CFS fabricated or assembled part or assembly that is proven to CFS satisfaction to be defective due to defects in material and/or workmanship. Any OEM parts or assemblies incorporated into the purchase unit prior to shipment and invoiced by CFS are not warranted by CFS, but may be warranted by the original equipment manufacturer. Please consult the factory nameplate on such items and then contact the appropriate factory for more information on individual factory warranties.

CFS mandates that all welding that requires an automatic welding system will be accompanied by an E-Tech professional. CFS will reflect this requirement in the manpower loading table incorporated within the quotation. Any exceptions to this rule will be at the sole discretion of CFS.

All work subject to physical or thermal disturbance (i.e., uncontrolled climate) has a potential to distort datums, expand/shrink material, damage area(s), etc. It is the responsibility of the CUSTOMER to ensure all pertinent work locations are secure and as far removed from thermal variances as possible. CFS will not be responsible for intangible variances due to work apparatus/location.

Rates are subject to change at any time based on, but limited to: inclusion of new equipment, designation of ‘special personnel’, increase requirements, customer requested scope changes, etc.. All quotes subject to quote revisions, whether updating scope, providing current rates, or any changes otherwise may be impacted by these changes.

"LIABILITY. (a) CFS Inc. shall indemnify and save Customer harmless from and against liability imposed by law upon Customer arising out of claims from third parties for damages as a result of accidental bodily injury (including death) or damage to tangible property to the extent caused by the negligence or willful misconduct of CFS Inc. or its employees in performance of the Services. (b) Notwithstanding anything herein to the contrary, CFS Inc. shall not be liable to Customer under the Agreement or otherwise, and Customer shall indemnify and save CFS Inc. harmless from and against any and all such liability, whether the claim be in contract, negligence, strict liability, other tort or any other theory or cause of action: (1) for losses, liabilities, damages, costs or expenses (i) arising out of bodily injury (including death) to any person or damage (including loss of use) to any property to the extent caused by or resulting from the negligence or willful misconduct of Customer, its officers, employees or agents, or (ii) which exceed the dollar limits or coverage of insurance specified in referenced ""INSURANCE"" clause below, or (2) for loss of use, loss of profits, business interruption or consequential, indirect or incidental damages and regardless of whether any such loss or claim arises out of breach of contract or warranty, tort, product liability, indemnity, contribution, strict liability or any other legal theory. "

INSURANCE. Throughout the term of this Agreement, CFS Inc. shall procure and maintain the following minimum insurance coverage: (1) Commercial General Liability Policy, including Contractual Liability ($1,000,000 per occurrence, and $2,000,000 in the aggregate); (2) Comprehensive Automobile Liability Policy ($1,000,000 per accident, combined single limit); and (3) Worker’s Compensation Policy (statutory requirement).

LABOR SCHEDULE DEFINITIONS TRUCK WAITING TIME - Commercial trucks delayed in customer's plant may bill CFS for excessive waiting time when delivering or picking up equipment. The amounts vary with the trucking company and will be billed to the customer at cost plus 15%.

STRAIGHT TIME - First eight hours of travel, standby, and/or work on weekdays.

SCHEDULED DAYS OFF – Days that fall under requisite site rules for maximum allowed working time (e.g. 72 hours nuclear plant rule). Scheduled Days Off will be billed according to accompanying rate schedule.

Note: A minimum of 24 hours’ notice must be provided to personnel supervision prior to scheduled time off. All other instances will be applicable to Standby Time or Unscheduled Day Off, accordingly.

UNSCHEDULED DAYS OFF – Scheduled shift days cancelled by Customer, with the exception of days cancelled for reasons of forces majeure (e.g. acts of God, government action, fire, flood, and/or any other natural and unavoidable catastrophe that interrupts the natural course of events). Unscheduled days off will be billed as standby time, as defined below.

OVERTIME - Time after eight hours of travel, standby, and/or work on weekdays, and all hours of travel, work, and/or standby on Saturday.

SUNDAY TIME - All hours of travel, work, and/or standby on Sunday.

HOLIDAY TIME (TOTAL OF 10) - Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving (2) Days, Christmas (2) Days, New Years (2) Days.

STANDBY TIME – Standby time is defined as ANY crew time (excluding time activated by forces majeure) spent waiting in the general locality of the job site due to conditions beyond CFS' control (e.g. before or after badging, before or after site-required training, before or after job start, etc.) and will be billed per the accompanying Rate Schedule. Standby shifts, or standby portions of shifts, are billed the same as scheduled worked shifts, unless specifically stated otherwise herein. (i.e. if the crew is working 12-hour shifts, standby time will be billed as 12-hour shifts)

TRAVEL LABOR- The Above 'OVERTIME', 'HOLIDAY TIME', and 'STANDBY TIME' definitions apply to "TRAVEL LABOR' IF there is no 'firm price' dollar amount provided on official QUOTATION to customer prior to Contract and/or Purchase Order.

ADDITIONAL WORK - Work performed at the customer's request over and above the original contract requirements will be billed per the accompanying Rate Schedule and/or Supplemental Quotation. Additional work for any necessary tooling/welding preparation in the CFS shop to support the on-site extra work, plus the cost for transportation of extra tooling/welding to and from the jobsite will be billed per the accompanying Rate Schedule. Any additional personnel required by the extra work will be billed per the accompanying Rate Schedule for travel time, per diem, expenses, lodging, transportation, etc., unless otherwise provided for in the accompanying Rate Sheet and/or Quotation.

No retain-age or “hold backs” will be applicable to CFS work.

Field Terms & Conditions

Shop Terms & Conditions