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Terms and Conditions of Purchase UK
Terms and Conditions of Sales
1. INTERPRETATION
1.1 In these Conditions:
“Seller” means the person, firm or Company who accepts the Order from Continental Alloys and Services Ltd (CAS UK).
“Company” means Continental Alloys & Services Ltd (CAS UK) registered in Scotland under Company number 198922, a subsidiary of Reliance Steel & Aluminum Co..
“Contract” means the Order and the Seller’s acceptance of the Order.
“Goods” means any Goods or service agreed in the Contract to be purchased by CAS UK from the Seller (including any part or parts of them).
“Order”: CAS UKs written instruction to supply the Goods incorporating these conditions.
“Writing” includes telex, cable, facsimile transmission, electronic transmission and comparable means of communication.
1.2 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
1.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. APPLICATION OF TERMS
2.1 Subject to any variation under condition 2.4, these conditions are the only conditions upon which CAS UK is prepared to deal with the Seller and they shall govern the Contract to the entire exclusion of all other terms or conditions.
2.2 Each Order for Goods by CAS UK from the Seller shall be deemed to be an offer by CAS UK to buy the Goods subject to these conditions and no Order shall be accepted until the Seller either expressly by giving notice of acceptance or impliedly by fulfilling the Order in whole or in part accepts the offer.
2.3 No terms or conditions endorsed upon delivered with or contained in the Seller’s quotation, acknowledgement or acceptance of Order, specification or similar document shall form part of the Contract and the Seller waives any right which it otherwise might have to reply on such terms and conditions.
2.4 These conditions apply to all CAS UK’s purchases and any variation to these conditions shall have no effect unless expressly agreed in Writing and signed by a director of CAS UK.
3. QUALITY AND DEFECTS
3.1 The Goods shall be of the best available design, quality, material and workmanship, be without fault and conform in all respects with the Order and specification and/or patterns supplied or advised by CAS UK to the Seller.
3.2 CAS UK’s rights under these conditions are in addition to the statutory conditions implied in favour of CAS UK by the Sale of Goods Act 1979.
3.3 At any time prior to delivery of the Goods to CAS UK, CAS UK shall have the right to inspect and test the Goods at all times.
3.4 If the results of such inspection or testing cause CAS UK to be of the opinion that the Goods do not conform or are unlikely to conform with the Order or to any specifications and/or patterns supplied or advised by CAS UK to the Seller, CAS UK shall inform the Seller and the Seller shall immediately take such action as is necessary to ensure conformity and in addition CAS UK shall have the right to require and witness further testing and inspection.
3.5 Notwithstanding any such inspection or testing, the Seller shall remain fully responsible for the Goods and any such inspection or testing shall not diminish or otherwise affect the Seller’s obligations under the Contract. The Seller shall make CAS UK aware of any non-conforming Goods which are identified before or after they have been delivered and offer full support in any investigation into the non-conformity.
3.6 If any of the Goods fail to comply with the provisions set out in condition 3, CAS UK shall be entitled to avail itself of any one or more remedies listed in condition 12.
4. INDEMNITY
The Seller shall keep CAS UK indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid by CAS UK as a result of or in connection with:
4.1 defective workmanship, quality or materials;
4.2 an infringement or alleged infringement of any intellectual property rights caused by the use, manufacture or supply of the Goods, and
4.3 any claim made against CAS UK in respect of any liability, loss, damage, injury, cost or expense sustained by CAS UK’s employees or agents or by any customer or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by relates to or arises from the Goods as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of the terms of the Contract by the Seller.
5. DELIVERY
5.1 The Goods shall be delivered, to CAS UK’s place of business or to such other place of delivery as is agreed by CAS UK in Writing. Any carriage costs will also be agreed in Writing. The Seller shall ensure the goods are adequately packed for safe off-loading of the Goods by CAS UK.
5.2 The date of delivery shall be specified in the Order, or if no such date is specified then delivery shall take place within 28 days of the Order.
5.3 The Seller shall invoice CAS UK upon, but separate from, despatch of the Goods to CAS UK.
5.4 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, amongst other things, the Order number, the date of Order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered.
5.5 Time for delivery shall be of the essence.
5.6 Unless otherwise stipulated by CAS UK in the Order, deliveries shall only be accepted by CAS UK during their normal business hours.
5.7 If the Goods are not delivered on the due date then, without prejudice to any other rights which it may have, CAS UK reserves the right to;
5.7.1 cancel the Contract in whole or part;
5.7.2. refuse to accept any subsequent delivery of the Goods which the Seller attempts to make;
5.7.3 recover from the Seller any expenditure reasonably incurred by CAS UK in obtaining the Goods in substitution from another Seller; and
5.7.4 claim damages for any additional costs, loss or expenses incurred by CAS UK which are in any way attributable to the Seller’s failure to deliver the Goods on the due date.
5.8 If the Seller requires CAS UK to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to CAS UK and any such packaging material shall only be returned to the Seller at the cost of the Seller.
5.9 Where CAS UK agrees in Writing to accept delivery by instalments the Contract shall be construed as a single Contract in respect of each instalment. Nevertheless failure by the Seller to deliver any one instalment shall entitle CAS UK at its option to treat the whole Contract as repudiated.
5.10 If the Goods are delivered to CAS UK in excess of the quantities ordered, CAS UK shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller’s risk and shall be returnable at the Seller’s expense.
5.11 CAS UK shall not be deemed to have accepted the Goods until it has had 7 working days to inspect them following delivery. CAS UK shall also have the right to reject the Goods as though they have not been accepted for 7 working days after any latent defect in the Goods has become apparent.
6. RISK/PROPERTY
The Goods shall remain at the risk of the Seller until delivery to CAS UK is complete (including off-loading and stacking) when ownership of the Goods shall pass to CAS UK.
7. PRICE
7.1 The price of the Goods shall be stated in the Order and unless otherwise agreed in Writing by CAS UK shall be exclusive of VAT but inclusive of all other charges.
7.2 No variation in the price nor extra charges shall by accepted by CAS UK.
8. PAYMENT
8.1 CAS UK shall pay the price of the Goods within the agreed payment terms between CAS UK and the Seller, but time for payment shall not be of the essence of the Contract.
8.2 Without prejudice to any other right or remedy, CAS UK reserves the right to set off any amount owing at any time from the Seller to CAS UK against any amount payable by CAS UK to the Seller under the Contract.
9. CONFIDENTIALITY
The Seller shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Seller by CAS UK or its agents and any other confidential information concerning CAS UK’s business or its products which the Seller may obtain and the Seller shall restrict disclosure of such confidential material to such of its employees, agents, or sub-contractors as need to know the same for the purpose of discharging the Seller’s obligations to CAS UK and shall ensure that such employees, agents or sub-contractors are subject to like obligations of confidentiality as bind by the Seller.
10. CAS UK’S PROPERTY
Materials, equipment, tools, dies, moulds, copyright, design rights or any other forms of intellectual property rights including all drawings, specifications and data supplied by CAS UK to the Seller or not so supplied but used by the Seller specifically in the manufacture of the Goods, shall at all times be and remain the exclusive property of CAS UK but shall be held by the Seller in safe custody at its own risk and maintained and kept in good condition by the Seller until returned to CAS UK and shall not be disposed of other than in accordance with CAS UK’s written instructions, nor shall such items be used otherwise than as authorised by CAS UK in Writing.
11. TERMINATION
11.1 CAS UK shall have the right at any time and for any reason to terminate the Contact in whole or in part by giving the Seller written notice whereupon all work on the Contract shall be discontinued and CAS UK shall pay to the Seller fair and reasonable compensation for work-in-progress at the time of termination but such compensation shall not include loss of anticipated profits or any consequential loss.
11.2 CAS UK shall have the right at any time by giving notice in Writing to the Seller to terminate the Contract forthwith if:
11.2.1. the Seller commits a material breach of any of the terms and conditions of the Contract; or
11.2.2 any distress, execution or other process is levied upon any of the assets of the Seller; or
11.2.3 the Seller has a bankruptcy Order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or involuntary) except a solvent liquidation for the purpose only of reconstruction or amalgamation, or has a receiver or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Seller or notice of intention to appoint an administrator is given by the Seller or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Seller or for the granting of an administration order in respect of the Seller, or any proceedings are commenced relating to the insolvency or possible insolvency of the Seller; or
11.2.4 the Seller ceases or threatens to cease to carry on its business; or
11.2.5 the financial position of the Seller deteriorates to such an extent that in the opinion of CAS UK the capability of the Seller adequately to fulfil its obligations under the Contract has been placed in jeopardy.
11.3 the termination of the Contract, however arising, shall be without prejudice to the rights and duties of CAS UK accrued prior to termination. The conditions which expressly or impliedly have effect after termination shall continue to be enforceable notwithstanding termination.
12. REMEDIES
Without prejudice to any other right or remedy which CAS UK may have, if any Goods are not supplied in accordance with, or the Seller fails to comply with, any of the terms of the Contract CAS UK shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Goods have been accepted by CAS UK;
12.1 rescind the Order;
12.2 to reject the Goods (in whole or in part) and return them to the Seller at the risk and cost of the Seller on the basis that a full refund for the Goods so returned shall be paid forthwith by the Seller;
12.3 at CAS UK’s option to give the Seller the opportunity at the Seller’s expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;
12.4 to refuse to accept any further deliveries of the Goods but without any liability to the Seller;
12.5 to carry out at the Seller’s expense any work necessary to make the Goods comply with the Contract; and
12.6 to claim such damages as may have been sustained in consequence of the Seller’s breach or breaches of the Contract.
13. ASSIGNMENT
13.1 The Seller shall not be entitled to assign the Contract or any part of it without the prior written consent of CAS UK.
13.2 CAS UK may assign the Contract or any part of it to any person, firm or third party Company.
14. FORCE MAJEURE
CAS UK reserves the right to defer the date of delivery or payment or to cancel the Contract or reduce the volume of the Goods ordered if it is prevented from or delayed in the carrying on its business due to circumstances beyond the reasonable control of CAS UK including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
15. GENERAL
15.1 Each right or remedy of CAS UK under the Contract is without prejudice to any other right or remedy of CAS UK whether under the Contract or not.
15.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
15.3 Failure or delay by CAS UK in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
15.4 Any waiver by CAS UK of any breach of, or any default under, any provision of the Contract by the Seller shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
15.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person that is not a party to it.
15.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the laws of Scotland and the parties submit to the non-exclusive jurisdiction of the Scottish courts.
16. ANTI-BRIBERY
The CAS UK code of conduct prohibits all employees and anyone acting on behalf of the Company from offering, giving, accepting or receiving a bribe to/from anyone. We have earned and value our reputation as a company that operates ethically and honestly, and bribery and corruption have no place in our business. We expect the same in our supply chain. Failure by the Seller to comply, in whole or in part, with this Section shall constitute a material breach of the Contract.
16.1 The Seller shall:
16.1.1 comply, and shall ensure that each of its suppliers, subcontractors and agents, and the members of its and their workforces shall comply, with all applicable laws, statues, regulations and codes relating to anti-bribery and anti-corruption including the Bribery Act 2010;
16.1.2 not engage in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Bribery Act 2010 if such activity, practice or conduct had been carried out in the UK;
16.1.3 have and shall maintain in place throughout the terms of the Contract its own policies and procedures including adequate procedures under the Bribery Act 2010, to ensure its compliance with clauses 16.1.1 and 16.1.2 and will enforce them where appropriate;
16.1.4 promptly report to CAS UK any request or demand for any undue financial or other advantage of any kind received by the Seller in connection with the performance of the Contract; and
16.1.5 immediately notify CAS UK in Writing if a foreign public official becomes an officer or employee of the Seller or acquires a direct or indirect interest in the Seller (and the Seller warrants that it has no foreign public officials as officers, employees or direct or indirect owners at the date of the Contract).
16.2 The Seller shall ensure that any person associated with the Seller who is providing Goods or services, or hiring equipment in connection with the Contract does so only on the basis of a written Contract which imposes on and secures from such person terms equivalent to those imposed on the Seller in this clause 16.
17. MODERN SLAVERY AND HUMAN TRAFFICKING
CAS UK will not tolerate any form of slavery, servitude, forced, compulsory or bonded labour, or human trafficking (collectively referred to as ‘Modern Slavery’). We are committed to ensuring that there is no Modern Slavery in our business including our supply chain and to acting ethically and with integrity in all of our relationships. Failure by the Seller to comply, in whole or in part, with this Section shall constitute a material breach of the Contract.
17.1 The Seller shall:
17.1.1 comply, and shall ensure that each of its suppliers, subcontractors, agents and the members of its and their workforces shall comply, with all applicable laws, statutes, regulations and codes relating to slavery, servitude, forced or compulsory labour and human trafficking including the Modern Slavery Act 2015;
17.1.2 undertake not to purchase any resource, materials or products from producers, suppliers or manufacturers using Modern Slavery in its operations or practices;
17.1.3 have and shall maintain in place throughout the term of the Contract its own policies and procedures to ensure its compliance with clauses 17.1.1 and 17.1.2 and will enforce them where appropriate; and
17.1.4 immediately notify CAS UK in Writing if it becomes aware of any breach or alleged breach of this clause within its supply chain (and the Seller warrants that has not been convicted of any offence involving Modern Slavery and, having made reasonable enquiries, to the best of its knowledge none of its suppliers, subcontractors or agents or its or their workforce, or any direct or indirect owners at the date of the Contract, have been or are the subject of any investigation, enquiry or enforcement proceedings by any governmental, administrative or regulatory body regarding an offence or alleged offence of Modern Slavery laws).
17.2 The Seller shall ensure that any person associated with the Seller who is providing Goods or services or hiring equipment in connection with the Contract does so only on the basis of a written Contract which imposes on and secures from such person terms equivalent to those imposed on the Seller in this clause 17.
18. COMPLIANCE WITH LAWS AND CODE OF CONDUCT
18.1 The Company is a subsidiary of Reliance Steel & Aluminum Co. (“Reliance”) and as such operates under Reliance’s Code of Conduct and related documents. The Seller hereby expressly undertakes, warrants and represents that it will (and will cause all of its Suppliers, Subcontractors and agents and the members of its and their workforces to) fully and strictly conduct its business activities with the highest level of integrity and ethical standards and comply with all applicable laws, rules, and regulations including without limitation those concerning proper business practices, and in compliance with Reliance’s Code of Conduct which can be found here.
18.2 The Seller shall have and shall maintain in place throughout the term of the Contract its own policies and procedures to ensure its compliance with clause 18.1. and will enforce them where appropriate. Failure by the Seller to comply, in whole or in part, with this Section shall constitute a material breach of the Contract.
Policies
Claims for non-conforming products and/or material supplied by Continental Alloys & Services Inc.
Continental Alloys & Services Inc. (“Seller”) and the party purchasing goods and/or materials (“Customer”) hereby agree to the following Terms and Conditions of Sale (“Terms and Conditions”):
Continental Alloys & Services Inc. (“Seller”) and the party purchasing goods and/or materials (“Customer”) hereby agree to the following Terms and Conditions of Sale (“Terms and Conditions”):
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Terms and Conditions of Sale UK
Terms and Conditions of Sales
1. INTERPRETATION
1.1 In this document the following words shall have the following meanings:
Buyer: the person, firm or company who purchases the Goods from CAS UK.
CAS UK: Continental Alloys and Services Limited, South View, Peterhead, Aberdeenshire, AB42 3GZ Company No. SC198922, a subsidiary of Reliance Metals UK Holding Limited
Contract: any contract between CAS UK and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: the place where delivery of the Goods is to take place.
Goods: any goods agreed in the Contract to be supplied to the Buyer by CAS UK (including any part or parts of them).
2. APPLICATION OF TERMS
2.1 These Terms and Conditions shall apply to sales of Goods by CAS UK to the Buyer to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2 No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3 These conditions apply to all CAS UK’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a director of CAS UK. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of CAS UK which is not set out in the Contract. Nothing in this condition shall exclude or limit CAS UK's liability for fraudulent misrepresentation.
2.4 Each order or acceptance of a quotation for Goods by the Buyer from CAS UK shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions.
2.5 No order placed by the Buyer shall be deemed to be accepted by CAS UK until a written acknowledgement of order is issued by CAS UK or (if earlier) CAS UK delivers the Goods to the Buyer.
2.6 The Buyer shall be responsible to for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the buyer, and for giving the CAS UK any necessary information relating to the goods within a sufficient time to enable CAK UK to perform the contract in accordance with its.
2.7 Any quotation is given on the basis that no Contract shall come into existence until CAS UK despatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 30 days only from its date, unless stated otherwise and provided that CAS UK has not previously withdrawn it.
3. DESCRIPTION
3.1 The quantity, quality and description of and any specification for the Goods shall be as set out in CAS UK’s quotation or acknowledgement of order but in the event of any conflict the latter shall prevail.
3.2 All samples, drawings, descriptive matter, specifications and advertising issued by CAS UK and any descriptions or illustrations contained in CAS UK’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.
4. DELIVERY
4.1 Unless otherwise agreed in writing by CAS UK, delivery of the Goods shall take place at the address specified by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
4.2 Any dates specified by CAS UK for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
4.3 Subject to the other provisions of these conditions CAS UK shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by CAS UK’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.
4.4 If for any reason the Buyer fails to accept delivery of any of the Goods when they are delivered, or CAS UK is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorisations:
(a) risk in the Goods shall pass to the Buyer ;
(b) the Goods shall be deemed to have been delivered; and
(c) CAS UK may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
4.5 The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labour for unloading the Goods.
4.6 CAS UK may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
4.7 Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.
5. NON-DELIVERY
5.1 The quantity of any consignment of Goods as recorded by CAS UK upon despatch from CAS UK’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
5.2 CAS UK shall not be liable for any non-delivery of Goods unless the Buyer gives written notice to CAS UK of the non-delivery at the time of unloading the Goods, or if the Goods are delivered to a third party within 5 days of the date when the Goods would in the ordinary course of events have been received.
5.3 Any liability of CAS UK for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
6. RISK/TITLE
6.1 Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
6.2 Ownership of the Goods shall not pass to the Buyer until CAS UK has been paid in full in cleared funds for the Goods.
6.3 Until ownership of the Goods has passed to the Buyer, the Buyer shall:
(a) hold the Goods on a fiduciary basis as CAS UK’s bailee;
(b) store the Goods (at no cost to CAS UK) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as CAS UK’s property;
(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(d) maintain the Goods in satisfactory condition and keep them insured on CAS UK’s behalf for their full price against all risks to the reasonable satisfaction of CAS UK. On request the Buyer shall produce the policy of insurance to CAS UK.
6.4 The Buyer shall not be entitled to sell the Goods until title to the Goods has passed from the Seller to the Buyer.
6.5 CAS UK shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from CAS UK.
6.6 The Buyer grants CAS UK, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
6.7 On termination of the Contract, CAS UK’s (but not the Buyer’s) rights contained in this condition shall remain in effect.
7. PRICE
7.1 Unless otherwise agreed by CAS UK in writing, the price for the Goods shall be the price set out in the written acknowledgement of order from CAS UK.
7.2 The price for the Goods shall be exclusive of any value added tax which the Buyer shall pay in addition when it is due to pay for the Goods.
7.3 The price for the goods includes the cost of carriage to the Delivery Point unless otherwise stated in CAS UK’s quotation or written correspondence.
8. PAYMENT
8.1 Payment of the price for the Goods is due in the currency invoiced, and as per the stated payment terms on the invoice.
8.2 No payment shall be deemed to have been received until CAS UK has received cleared funds.
8.3 The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by CAS UK to the Buyer, or unless otherwise agreed in advance in writing by CAS UK and the Buyer.
8.4 Payment is due in full within the approved net terms on the invoice provided to you. If you fail to pay your invoice within 30 days of the due date of your invoice, your account is subject to being put on credit hold. At this time, no orders will be shipped and no new orders accepted until the balance is paid in full or brought to current status. If any portion remains unpaid 90 days after the due date of our invoice, the account may be referred for legal action for recovery. All costs of collection will be borne by the buyer. CAS UK has the right to charge interest at 1.5% per month on unpaid balances if legal action is involved.
9. WARRANTY
9.1 If the Buyer receives Goods where there is a defect in the materials or workmanship of the Goods or there is some other failure by CAS UK in relation to the conformity of the Goods with the Contract, then the Buyer must report the non-conformity within 7 days of receipt of the Goods, then CAS UK shall at its option, and within a reasonable time:
(a) repair or make good such defect or failure in such Goods free of charge to the Buyer (including all costs of transportation of any Goods to and from the Buyer for that purpose); or
(b) replace such Goods with Goods which are in all respects in accordance with the Contract; or
(c) issue a credit note to the Buyer in respect of the whole or part of the Contract price of such Goods as appropriate having taken back such Goods or materials relating to such Goods.
The liability of CAS UK under this Condition shall in no event exceed the purchase price of such Goods and performance, and any one of the above options shall constitute an entire discharge of CAS UK’s liability under this warranty.
9.2 CAS UK shall be under no liability under the warranty at Condition 9.1 above:
(a) in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without CAS UK’s approval;
(b) if the total price for the Goods has not been paid by the due date for payment;
(c) for any Goods manufactured or appropriated to the Contract in accordance with any design, specification, instruction or recommendation made to CAS UK by the Buyer;
(d) in respect of any type of defect, damage or wear specifically excluded by CAS UK by notice in writing; or
(e) if the Buyer makes any further use of the Goods after giving notice in accordance with Clause 9.1;
9.3 The warranties set out in this Contract are the only warranties which shall be given by CAS UK and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
9.4 Any Goods replaced shall belong to CAS UK and any repaired or replacement Goods shall be warranted on these terms for the unexpired portion of the warranty.
10. LIMITATION OF LIABILITY
10.1 CAS UK shall not be liable for any loss or damage of any nature, direct or indirect, including any loss of profits or consequential damages suffered or incurred by the Buyer for whatever reason in excess of the contract price.
10.2 Where items are part or complete machined from customer supplied material, CAS UK will not be liable for material replacement if parts are scrapped during the machining process.
10.3 Nothing in these conditions excludes or limits the liability of CAS UK:
(a) for death or personal injury caused by CAS UK’s negligence; or
(b) for any matter which it would be illegal for CAS UK to exclude or limit its liability; or
(c) for fraud or fraudulent misrepresentation.
11. ASSIGNMENT
11.1 CAS UK may assign the Contract or any part of it to any person, firm or company.
11.2 The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of CAS UK.
12. FORCE MAJEURE
Neither party will incur any liability to the other if its performance of any obligation is prevented or delayed by causes beyond its control and without the fault of negligence of either party. Such causes include, but are not limited to: acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes, or any other event that is beyond the control of the party in question.
13. GENERAL
13.1 Each right or remedy of CAS UK under the Contract is without prejudice to any other right or remedy of CAS UK whether under the Contract or not.
13.2 If any provision of the Contract is found to be unlawful, invalid, or otherwise unenforceable those provisions shall be deemed severed from the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
13.3 Failure or delay by CAS UK in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.
13.4 Any waiver by CAS UK of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
13.5 The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
13.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by Scottish law and the parties submit to the non-exclusive jurisdiction of the Scottish courts.
14. COMMUNICATIONS
14.1 All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax or e-mail.
14.2 All notices under these Terms and Conditions shall be addressed to the most recent address, email address, or fax number notified to the other party.
Terms and Conditions of Sale
Continental Alloys & Services (“Seller”) and the party purchasing goods and/or materials (“Customer”) hereby agree to the following Terms and Conditions of Sale (“Terms and Conditions”):
1. Customer’s Acceptance of Terms. These Terms and Conditions of Sale constitute the final and entire understanding and agreement between Seller and Customer relating to the goods and/or materials (“Products”) sold by Seller to Customer. Customer’s acceptance of the Products is expressly conditioned on Customer’s acceptance of these Terms and Conditions. Customer’s acceptance is limited to these Terms and Conditions, and no different, inconsistent and/or additional terms and conditions submitted by Customer in acknowledging or accepting these Terms and Conditions or in issuing any purchase orders, releases, shipping instructions or other documents in connection with the Products, whether prior or subsequent, shall modify or amend these Terms and Conditions or be valid or binding against Seller, unless specifically accepted by Seller in writing. In the event of any conflict, discrepancy or inconsistency between these Terms and Conditions and the terms and conditions contained in any document submitted by Customer, these Terms and Conditions shall govern even if Customer’s document expressly limits acceptance to Customer’s terms and conditions. No course or pattern of dealings or conduct between Seller and Customer and no usage of trade shall be relevant to determine the meaning or intent of these Terms and Conditions even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity for objection.
2. Open Credit Account. Seller reserves the right in its sole discretion to approve, conditionally approve or disapprove any request by Customer for credit. The amount of credit Seller extends to Customer will be determined by Seller in its discretion and may vary from time to time. Customer shall notify Seller, in writing, of any error in any invoice within ten (10) days after the Customer’s receipt of such invoice, and, if no such notice from Customer is received by Seller, the invoice shall be deemed to be correct and payable as delivered to Customer.
3. Open Account Payment Terms. TIME FOR CUSTOMER’S PAYMENT OF THE PURCHASE PRICE FOR THE PRODUCTS SHALL BE OF THE ESSENCE. All sums owing Seller by Customer shall be paid in accordance with the provisions of Seller’s invoice or any written quotation issued by Seller and signed by Customer. In the absence of such express provisions, Seller’s terms will be net thirty (30) days from the date of invoice. All sums past due and owing to Seller shall bear interest at the rate of the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law from the invoice date until paid in full. All payments made by Customer to Seller shall be applied in the following priority: (a) first to the amounts, if any, due to Seller for attorneys’ fees and court costs, (b) second to the amounts, if any, due to Seller in the event of Customer’s default, (c) third to the amount, if any, of interest due to Seller as a result of Customer’s late payment and (d) finally to the balance of the purchase price due to Seller for the Products.
4. Customer’s Representations and Warranties. Upon Seller’s request from time to time, Customer will provide Seller with current financial information. Customer represents and warrants that any financial information provided to Seller will be true and correct in all material respects and shall fairly and accurately present the financial condition of Customer as of the date of such financial statements. Customer hereby authorizes Seller to review and evaluate Customer’s credit background from time to time.
5. Security Interest. To secure Customer’s full and prompt payment of the purchase price for the Products, Customer hereby grants to Seller a first priority, purchase money security interest in and to the Products and all products and proceeds therefrom. Customer authorizes Seller to file a UCC financing statement to perfect this security interest at any time.
6. Cancellation and Returns. Customer may not cancel any order of Products for Customer’s convenience without Seller’s prior written consent. Seller may, in its sole opinion, authorize Customer in writing to cancel Products normally carried in Seller’s inventory. Any cancellation so authorized shall be subject to a cancellation charge of 15% of the purchase price. Customer may not cancel any processed Products, specially manufactured Products, or Products not normally carried in Seller’s inventory.
7. Approval of Sale; Prior Sale. No sale shall be final until approved by the corporate office of Seller. All quotations for Products normally carried in Seller’s inventory are subject to prior sale, unless otherwise specified in writing by Seller. All quotations for specially manufactured Products and Products not normally carried in Seller’s inventory are subject to mill availability.
8. Price; Basis of Invoices. Seller’s price is subject to and contingent upon Customer purchasing the entire quantity of Products identified in Seller’s quotation. If Customer purchases less than the entire quantity of Products identified therein, prices may vary. Seller shall invoice all Products in accordance with Seller’s published schedule of weights, areas, sizes and lengths. All weights shall be theoretical and shall be determined in accordance with ASTM standards.
9. Force Majeure. Neither Customer nor Seller shall be liable for any delay, breach or nonperformance of these Terms and Conditions (other than the payment of money) wholly or partly due to any cause beyond such party’s control (“Force Majeure”) including, without limitation, acts of God; war; civil disturbances; acts of any foreign, federal, state, local or other governmental authority; non-availability, delay or diversion of shipping or other transport; lock outs, strikes or trade disputes; break down or interruption of any plant, machinery, equipment or utilities; shortage, non-availability or allocation of raw materials or commodities; any combination of the foregoing, or any other cause outside of such party’s control whether similar to or different from those stated herein. On the happening of Force Majeure, the affected party shall advise the other party in writing with reasonable promptness and the affected party may suspend its performance during such Force Majeure without liability to the other party.
10. Title; Risk of Loss. All prices quoted by Seller are Ex Works Seller’s loading dock. Risk of loss shall pass to Customer at the time of delivery. Title shall pass to Customer upon loading on the transportation facility (i.e. truck or railcar), irrespective of any freight allowance, prepayment of freight or delivery terms.
11. Inspection; Claims. Customer shall carefully inspect all Products and shipping documents promptly upon delivery. No claim for shortages or Products damaged during delivery will be valid or enforceable against Seller unless (a) Customer notifies Seller in writing specifying in detail the shortage or damage within five (5) days from the date of delivery; (b) Customer returns the damaged Products to Seller within ten (10) days following delivery; (c) upon return, Seller confirms such damage; and (d) Customer has fulfilled all of the payment terms. Customer’s notice must be accompanied by the original freight bill, with notation on the face thereof by an authorized agent for the carrier as to the Products claimed to be short or damaged during transit. Customer shall be deemed to have waived any claim for shortages or Products damaged in transit if Customer fails to so notify Seller within five (5) days following delivery. Any processing or use of the Products by Customer, other than return to Seller, shall be conclusive as to Customer’s acceptance of the Products as being satisfactory and in accordance with these Terms and Conditions.
12. Limited Warranty. Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER.
Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER
CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.
13. Unofficial Communications. No agents, employees, or representatives of Seller have any authority to bind Seller to any affirmation, representation, guaranty or warranty other than those expressly set forth in these Terms and Conditions. Any technical advice furnished by Seller with respect to the selection or use of Products is given without charge, and Seller assumes no obligation or liability whatsoever for the advice given or the results obtained, all such advice being given and accepted at Customer’s sole risk.
14. Taxes. All prices quoted by Seller are exclusive of all taxes. In addition to the purchase price, Customer shall pay or reimburse Seller the amount of all sales, use and ad valorem taxes, excises, duties and/or other governmental charges that Seller may be required to pay with respect to the Products.
15. Indemnification. Customer shall indemnify, defend, and hold harmless Seller, its affiliates, and the shareholders, directors, officers, employees, agents, successors and assigns of all of them (collectively, the “Seller Indemnified Parties”) from and against any and all losses, claims, damages, injuries, liabilities, taxes, fines, penalties, costs or expenses (including attorneys’ fees and court costs) incurred or suffered by any of the Seller Indemnified Parties to the extent directly or indirectly arising out of, relating to or resulting from (a) Customer’s unloading, storing, handling, packaging, processing, fabrication, or use of the Products; or (b) any negligence, act, or omission of Customer, its employees, agents and anyone for whom Customer may be legally liable.
16. Default; Bankruptcy. Upon failure of Customer to make any payment required hereunder, without deduction, setoff or counterclaim, within ten (10) days after the same becomes due, or if Customer defaults in the performance of any other obligation, term, or condition, or if Customer shall make an assignment for the benefit of creditors, or in the event of a commencement of proceedings by or against Customer involving bankruptcy, insolvency, reorganization or arrangement, or in the case of other significant financial instability of Customer, Seller, without demand or notice of any kind and without prejudice to any other right or remedy of Seller, may (a) terminate the sale of all or any of the Products; (b) suspend the release of any Products on consignment to Customer and defer further deliveries; (c) require Customer to return or allow Seller to reclaim and/or pick-up any unpaid Products; (d) require Customer to pay the purchase price for any or all the Products not yet paid for in full (whether such Products are on-hand, in process or on-order, and whether or not delivered) and any other sums due from Customer to Seller, which Customer shall pay on Seller’s first demand notwithstanding any credit period or other forbearance; (e) place any Products identified to Customer in storage at the cost and risk of Customer; (f) apply any payments made by Customer as Seller may elect without regard to any appropriation by Customer; (g) sell any or all of the Products at such price as may be available but without having any duty to Customer to do so at the best or any particular price, and collect any shortage in price from Customer; and/or (h) exercise any other right or remedy that Seller may have at law or in equity in the event of Customer’s default. Seller is entitled to immediate relief from the automatic stay should Customer file for protection under the bankruptcy code. Customer agrees not to oppose relief from the automatic stay if sought by Seller.
17. Waiver. Any waiver of these Terms and Conditions, to be valid or binding, must be in writing and signed by the party against which such waiver is to be enforced, and shall not constitute a continuing waiver of any other breach or default, and acceptance by Seller of any payments with knowledge of any breach or default shall not constitute such waiver. No omission or delay by either party in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or exercise of any other right, power, or privilege.
18. Governing Law and Venue. THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSRUED IN ACCORDANCE WITH THE LAWS OF THE STATE IN WHICH SELLER IS LOCATED WITHOUT REGARD TO ITS CHOICE OF LAW OR CONFLICTS OF LAWS PROVISIONS. ANY CLAIM, DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PRODUCTS SHALL BE RESOLVED BY LITIGATION BROUGHT EXCLUSIVELY IN THE FEDERAL OR STATE COURTS HAVING JURISDCITION OVER SELLER’S LOCATION AND SELLER AND CUSTOMER IRREVOCABLY CONSENT TO THE JURISDICTION OF SAID COURTS.
19. Prevailing Party. In the event of any claim, dispute or controversy arising out of or relating to these Terms and Conditions, the prevailing party shall be entitled to recover it attorneys’ fees and court costs from the non-prevailing party.
20. Assignment and Third Party Rights. Neither party may delegate or assign its rights or obligations without the other party’s prior written consent, except that Seller may assign its rights and obligations to an affiliate upon prior written notice to Customer. Any delegation or assignment without such written consent shall be null and void, and without any legal force or effect. Notwithstanding Seller’s consent to any assignment or delegation by Customer, these Terms and Conditions shall be fully binding on Customer, its successors and permitted assigns. These Terms and Conditions shall not be deemed or construed as granting or conferring any rights in or providing any basis for claims by third parties.
21. Severability. If any provision contained in these Terms and Conditions or the application thereof to the parties shall be finally determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such provision shall be deemed severed and deleted from these Terms and Conditions and replaced with a provision that is valid, legal and enforceable to the fullest extent permitted by applicable law and the validity, legality and enforceability of the remaining provisions of these Terms and Conditions and any other application thereof to the parties shall not in any way be affected or impaired thereby.
22. Acceptance/Enforceability of Copies. Seller may, at Seller’s sole discretion, accept a facsimile copy, electronic copy, or photocopy of any order between Seller and Customer in lieu of an original document. Customer consents to Seller’s use of such copy and waives any right to object to the use of a copy in place of the original and any right to require Seller to subsequently produce an original document.
23. Entire Agreement. These Terms and Conditions contain the final and entire agreement of the parties hereto with respect to the sale and purchase of the Products and all other transactions contemplated herein, and supersede all prior or contemporaneous discussions, negotiations, agreements or understandings, whether written or oral, between the parties relating to the subject matter hereof. These Terms and Conditions may be changed, amended, modified, revised or supplemented only by a written instrument signed by an authorized manager or officer of Seller.
Claims Policy
CLAIMS POLICY
7-17-14 Rev 2.
Claims for non-conforming products and/or material supplied by Continental Alloys & Services
Continental Alloys & Services (CA&S) is committed to supplying material to its customers that meets the customer specifications to which it is supplied. Customer claims for non-conforming materials or products will be dealt with expeditiously and courteously. CA&S reserves the right to inspect, test, and analyze all material returned as non-conforming and submitted by the customer with a claim for replacement or refund. Any such products must be delivered to us at your local CA&S facility, which will forward the returned products. The customer must protect all returned products from environmental deterioration and package all returns appropriately, in the same manner as it was delivered to the customer, clearly marked with customer’s PO, the heat and lot number, and the RGA number. No returned products will be accepted for claim without an RGA number issued by the CA&S Sales Department.
The following will not be accepted or considered for claim:
1. Materials that are lacking in heat traceability;
2. Materials that are damaged or corroded beyond normal use;
3. Materials that have been rejected based upon testing or test values not specified in the customer specification; and
4. Materials subjected to inappropriate inspection methods (for the grade) or by methods not specified in the customer specification.
Continental Alloys & Services orders materials to Continental Alloys & Services’ specifications, which are usually a compilation of customer specifications. Where the customer specification does not explicitly require a test, value, method, etc., ASTM A519 (or API 5CT as appropriate) specifications will prevail for tubulars and ASTM A29 for bars except as modified by CA&S specifications for bars or tubes. Any provision, test, value, parameter or method not specifically ordered by the customer and accepted by CA&S will not be accepted for claim if the provision, test, parameter or method is acceptable under the ASTM or API specification.
5. Materials heat-treated or re-heat treated by the Customer
In the event that the customer heat treats in-house or arranges for any commercial thermal treatment of products provided by Continental, CA&S will accept liability neither for cracking of the material nor for the properties achieved by heat treatment. The customer assumes all responsibility for special processes that affect the metallurgical or mechanical properties of the material.
Materials rejected by the customer for imperfections must have the imperfection clearly marked. Materials rejected by the customer for surface imperfections must demonstrate that the imperfection exceeds the reject depth tolerance. The customer is directed to review the recommended stock removal tolerances for hot finished products prior to submitting a claim.
Any analysis on the returned products that is done by the producing mill will be shared with the customer. Any analysis, testing or inspection on the returned products that is done by CA&S or its approved testing vendor will be shared with the customer. CA&S’s resolution of the claim with the customer will reflect the conclusions of the mill analysis, CA&S testing results and commercial considerations.
Ultrasonic Testing
At Continental Alloys & Services, we know customer satisfaction is a direct result of consistent material integrity. To give our clients, and ourselves, ultimate confidence in our products, Continental has forged a partnership with industry-leading Tejas Testing & Inspection, Inc., of Houston.
Tejas Testing is on the cutting edge of material inspection. One of its most exciting innovations is phased-array ultrasonic testing, or PAUT.
PAUT is revolutionary. It represents a dramatic improvement over conventional ultrasonic testing, which utilizes a single pulse of ultrasound sent into the material at one angle.
This single pulse doesn’t always reflect information accurately back to the transducer — and critical defects can slip past the inspection.
That’s where the phased-array process comes in. PAUT uses 30 different angles simultaneously, in a constant sweep throughout the material.
This greatly increases the coverage — and the likelihood of detecting any imperfection. An inspector using PAUT is able to see previously hidden defects. It also gives a more accurate assessment of the size of defects that would have previously been seen but mistakenly evaluated. PAUT meets or exceeds industry standards and requirements.
Tejas Testing inspects all of Continental’s materials that are heat-treated locally. Tejas also inspects representative samples of all our incoming stock.
To be the best, we know we need to work with the best. When it comes to inspecting steel, that means Continental Alloys and Tejas Testing, working together.
Metallurgy at Continental
Consistency in the performance of our steel is crucially important to our clients — and to us.
Metallurgical engineering can be thought of as a subset of chemical engineering dealing mainly with the metallic elements. Our metallurgical engineer establishes specifications for the material we purchase, defining the appropriate parameters required for each grade to meet our customers’ needs.
Each steel vendor must be evaluated, often in person, for the ability to meet our specifications. These vendors are constantly scrutinized and re-evaluated.
Chemistry, test frequency, test locations and temperatures, permissible variations, non-destructive testing methods, steel-making practices, refining, casting and rolling methods must all be spelled out in explicit detail to ensure the steel will meet our customers' varying requirements.
Our metallurgical engineer is also involved in the administration of Continental’s ISO 9001:2008 quality program, which defines the required processes for control of product and service quality. Continental has been registered ISO since 1997.
Continental in the Community
It’s important to all of us at Continental Alloys & Services that our company is seen as an asset to our communities, both local and global. Our team members donate their time and energy to many worthwhile activities, including blood drives, Future Farmers of America, charitable foundations, Christmas toy drives, and food drives.
Continental believes in helping its local communities by participating in charitable events. We give our financial support to endeavours by school systems, local youth sports organizations and medical charity fundraisers. Over the last 10 years, Continental has contributed in excess of $400,000 toward supporting the Houston Klein School District FFA program, area youth sporting events, Canadian hockey programs and charitable events for people in need of medical assistance.
Continental is proud to say that communities and people matter to us, and we're here to help support their efforts.
Health & Safety
In collaboration with Reliance Steel & Aluminum Co., Continental Alloys & Services takes safety seriously. Being a safe, healthy and environmentally responsible workplace is one of our highest core values and a key element of our business strategy. It benefits our employees, our customers and our efficiency.
Continental is vigilant in its compliance with environmental regulations, and in its determination to attain a zero-incident safety record.
From management on down, our people are empowered to identify opportunities to improve our health, safety and environmental performance.
Respecting the well-being of our people and our planet. It’s how we operate.
Quality Assurance
It is commonly said that “Macondo changed everything”. That is as true in the steel inventory yards as on the off-shore rigs. Macondo illustrated the need for detailed verification of all processes and materials. Accountability is at the root of this. That’s why Continental Alloys & Services has been certified to the ISO 9001 Quality Management System since 1997.
Continental conducts yearly surveys of all approved steel mills, heat treaters, and other distributors to verify continued conformance to our quality requirements. Mills are regularly site audited in addition to the surveys.
Our Receiving Inspectors report to the Quality Department and are fully independent of the Operations Department. The Quality Department reports directly to the President who takes an active interest in the Quality functions.
Continental tests and inspects its raw material more than any customer requires. We work with industry leaders to develop inspection and testing practices that ensure the material you receive is exactly what you ordered and exactly what the paperwork says it is.
We regularly test random pieces from inventory to verify conformance to specifications. We hardness test both ends of every heat treated bar and tube we receive to assure we are not receiving mixed material. Hardnesses are acquired by use of a digital Brinell Scope and computer. All hardness data is uploaded to our MRP system for analysis by the Quality Department.
If an MTR lists a yield strength within 2000 psi of minimum for 80 SMYS grades or 3000 psi of minimum on 110 SMYS grades and higher, a sample is cut from that heat lot and sent to an ISO 17025 certified lab for mechanical testing. This testing has, on several occasions, revealed a heat lot that fell below the SMYS. Heat Lots that fail this testing are quarantined and rejected back to the mill.
Material and paperwork are reviewed by a Quality inspector as they are being packaged for shipping. We regularly BHN test out-going material to verify the correct material is being shipped.
All material received into inventory is bar coded for accurate identification. A new bar code is applied to every piece as it is cut to reflect the original heat/lot/grade identification and the new piece length. Customer-specified information is stenciled onto the pieces with computer-generated stencils based on the Job Order information.
Major customer specifications are entered into our MRP Specification Database. After reviewing for correctness and completeness, the data on every MTR is digitally entered into our MRP Database. This allows us to electronically compare any heat to any customer specification within seconds. This provides fast and accurate contract review and our database and review program is integrated into all of our locations world-wide.
We believe we have the most rigorous, comprehensive QMS in the industry. We have accepted accountability for our part in your future.
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