Terms of Business

TERMS AND CONDITIONS OF SUPPLY, INSTALLATION AND MAINTENANCE

MPG Electrical Contractor Limited

These terms and Conditions are the standard terms which apply to the provision of all Goods and Services by MPG Electrical Contractor Limited, a company registered in England and Wales under number 16485075 to Customers who require Goods and Services. No terms or conditions stipulated or referred by the Customer in any form whatsoever will in any respect vary or add to these terms or conditions unless otherwise agreed by the MPG Electrical Contractor in writing.

1. DEFINITIONS

In these Terms and Conditions:

“Conditions” these Terms and Conditions of Supply.

“Contract” means acceptance of the Quotation, Maintenance Agreement (if applicable), Handover Acceptance Certificate, any contract/agreement (includes emails and text messages) between the Supplier and the Customer for the Supply of any Goods/Materials and/or Services, and these Terms and Conditions.

“Corrective Maintenance” means investigation and repair of faults reported by the Customer.

“Customer” means the person or company entering into this Contract or placing an order with MPG Electrical Contractor.

“Estimated price” means the price state in the quotation provided by the MPG Electrical to Customer which may change according to the actual work undertaken as set in these Terms and Conditions.

“Equipment” means any equipment, systems provided by the supplier or its subcontractors and used directly or indirectly in the supply of goods/materials or services.

“Goods” means any materials, components, or products supplied by MPG Electrical Contractor to Customer as per agreed contract.

“Handover Acceptance Certificate” means the certificate issued to the Customer confirming completion of the Installation.

“Handover Date” means the date on which the Installation is completed, and the Handover Acceptance Certificate is signed.

“Installation” means the installed system as defined in the Quotation.

“Installation Standard” means the standard to which the Equipment is to be installed and/or maintained, including any regulatory or industry requirements applicable to the type of system.

“Materials” means any goods/materials required to the provision of the services, which the MPG Electrical Contractoror its subcontractorwill supply

“Premises” means the location identified in the Quotation where the Installation is to take place.

“Preventative Maintenance” means routine inspection of the Installation to ensure continued correct operation and to identify faults, wear or required replacements.

“Services” means any service agreed in contract to be performed by the Supplier for the Customer such as installation, configuration, testing, commissioning, maintenance, repair or other services provided by MPG Electrical Contractor or such companies within the MPG Electrical Contractor as may, from time to time, be designated to provide services.

“Supplier” – means MPG Electrical Contractor Limited Company and includes all employees, agents and sub-contractors of MPG Limited Company.

“Supplier Equipment” means all equipment, systems provided by the Supplier or its subcontractors and used directly or indirectly in the Supply of any Goods and /or services.

“Supply” the sale of any Goods and/or the provision of any Services by the Supplier to the Customer. For the avoidance of doubt, any Goods so sold, and/or Services so provided, (or to be so sold or provided, as applicable), are Supplied.

“These Terms and Conditions” is a reference to these Terms and Conditions, as may be amended from time to time.

“Quotation” means the proposed estimated price for the supply, installation and/or maintenance of the Equipment. Acceptance of quotation means Contract between the Customer and Supplier.

Reference to “writing” and “written” includes emails and text messages.

2. GENERAL

2.1 Each order or acceptance of quotation for Goods and/or Services by the Customer from the Supplier shall be deemed to be an offer by the Customer to purchase Goods and/or Services subject to these Conditions.

2.2 No variation to this Contract is valid unless agreed in writing.

2.3 Any verbal statements or representations not included in the Contract shall not be binding.

2.4 Any quotation is valid for a period of 30 days only from its date, provided that the Supplier has not previously withdrawn it.

2.5 Supplier quotation may be based on developers or architects’ plans – these will be based on relevant measurements. The Supplier will have no liability were the supplier relied on measurements provided from the Customer are found to be incorrect.

2.6 MPG Electrical Contractor will indicate the amount of the deposit required from the Customer in Quotation and such deposit shall be paid by Customer upon Customer acceptance of the quotation.

2.7 MPG Electrical Contractor will retain the right, at any time before receiving Customer written acceptance of the quotation, to withdraw or vary quotation provided that such withdraw, or variations is confirmed to Customer in writing.

2.8 Unless otherwise agreed in writing between the Customer and the Supplier, any dates specified by the Supplier for delivery of the Goods and/or performance of the Services 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 and/or performance, as applicable, shall be within a reasonable time. Should expedited delivery of any Goods be agreed, the Supplier reserves the right to levy an extra delivery charge.

2.9 The Supplier may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of the Contract. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Customer to repudiate or cancel any other Contract or instalment.

3. CONFIDENTIALITY AND INTELLECTUAL PROPERTY

3.1 The Customer shall keep confidential all information disclosed by MPG Electrical Contractor.

3.2 All intellectual property rights in designs, drawings, software, documentation and materials remain the property of MPG Electrical Contractor.

4. MPG ELECTRICAL CONTRACTOR’S OBLIGATIONS

4.1 MPG Electrical Contractor will complete the Installation in accordance with the Installation Standards.

4.2 MPG Electrical Contractor will train the Customer in the operation of the Installation upon commissioning.

4.3 Upon completion, the Customer will receive the Handover Acceptance Certificate.

4.4 MPG Electrical Contractor will provide a certificate of conformity once the Equipment has been paid for in full.

4.5 For twelve months from the Handover Date (“Warranty Period”), MPG Electrical Contractor will rectify defects not caused by misuse, interference, unauthorised repair, or external damage.

4.6 Repairs outside the Warranty Period will be charged at standard rates.

4.7 MPG Electrical Contractor is not liable for repairs or replacement resulting from fire, power surge, electrical interference, storm, flood, accident, neglect, misuse or malicious damage.

4.8 Time is not of the essence for installation or completion dates.

5. CUSTOMER’S OBLIGATIONS

5.1

In relation to any Services the Supplier is engaged to carry out, the Customer shall:

5.1.1 work collaboratively with the Supplier in all matters connected to the Services.

5.1.2 provide the Supplier, and any of its agents, subcontractors, consultants, or employees, with timely and free access to the Customer’s premises, office space, data, and any other facilities the Supplier reasonably requires.

5.1.3 supply, at the Customer’s own expense, any facilities or equipment requested by the Supplier to enable the proper performance of the Services. This includes, without limitation, power supplies, sockets, power lines, access points, cabling, and telecommunications or computer networking facilities, in the quantities, configurations, and locations specified by the Supplier.

5.1.4 unless otherwise agreed in writing for a specific instance, take responsibility (at the Customer’s own cost) for preparing and maintaining the Customer’s premises for the delivery of the Services. This includes arranging any ancillary works required before, during, or after the Services, such as wiring, cabling, chasing, trenching, drilling, and making good.

5.1.5 take full responsibility for the safety of all employees, visitors, and licensees present on the Customer’s premises during the performance of the Services, whether during or outside normal working hours. This includes restricting access to areas where the Services are being carried out to only those individuals directly involved or assisting with the Services.

5.1.6 notify the Supplier of all applicable health and safety rules, regulations, and any other reasonable security requirements in force at the Customer’s premises.

5.1.7 ensure that all Customer-owned equipment used in connection with the Services is in proper working condition, fit for purpose, and compliant with all relevant UK standards and requirements.

5.1.8 obtain and maintain all necessary licences and consents and comply with all applicable laws relating to the performance of the Services, installation of the Goods, use of any Material, and use of the Customer’s Equipment in connection with the Supplier’s Equipment. All such obligations must be fulfilled before the Services are due to commence.

5.1.9 keep the Supplier’s Equipment in good condition and refrain from disposing of or using it in any way other than as authorised or instructed in writing by the Supplier.

5.1.10 arrange and maintain adequate insurance to cover all potential risks associated with any person deployed by the Supplier to perform the Services at the Customer’s premises.

5.1.11 ensure that any required consents, licences, parking permits, skip permits, or other approvals from third parties including landlords, planning authorities, local authorities, or similar bodies are obtained by the Customer before the Supplier commences the works. Failure to secure such permissions may result in additional fees or charges for which the Customer shall be fully responsible.

5.1.12 provide electricity, gas, water, and any other necessary utilities to the Supplier free of charge to allow the Supplier to carry out and complete the works.

5.1.13 ensure that access to neighbouring land is arranged where such access is necessary for the performance of the works. The Supplier shall not be held liable for any delays caused by the Customer’s inability to obtain such access.

5.1.14 ensure that all preparatory works including any groundworks, cabling, or similar tasks  are fully completed before the agreed start date. Such works must be carried out to a high standard and must include all necessary lightning protection and earth bonding.

5.1.15 Any additional costs arising from work required to complete the service due to the Customer’s failure or the failure of any third party not instructed by MPG Electrical Contractor to comply with MPG’s specifications shall be borne by the Customer. Where any prior service or installation has been carried out by the Customer or a third party, and such work is found to be inadequate or defective, MPG Electrical Contractor accepts no responsibility for any resulting loss or damage arising from those defects.

5.2

5.2.1 The Customer must ensure that, before the Services begin, any items that may obstruct or hinder the Supplier’s work are removed from the Customer’s premises. If the Supplier is required to remove, dismantle, or dispose of any such items, the Customer will be charged additional fees.

5.2.2 The Customer acknowledges that the Supplier will not carry out any cleaning, redecoration, or restoration works, and that any waste generated during the Services must be removed by the Customer at the Customer’s own cost.

5.2.3 If the Supplier identifies, before or during the Services, any issues at the Customer’s premises that significantly impact the Supplier’s ability to perform the Services to its usual standards at the quoted price, the Supplier may adjust the price accordingly.

5.2.4 Any additional costs arising from delays or suspension of the Services at the Customer’s premises for reasons outside the Supplier’s control including, without limitation, industrial action will be treated as a variation to the original order, and the Customer will be responsible for such additional costs.

6. MAINTENANCE AND SERVICE

6.1 In return for payment of the maintenance charge, MPG Electrical Contractor will maintain the Installation in accordance with the Installation Standard.

6.2 Emergency callouts or repairs between routine visits may be chargeable unless covered by warranty.

6.3 Maintenance charges do not include replacement parts or batteries unless stated otherwise.

6.4 Routine maintenance visits will be carried out as defined in the Installation Standard or Contract.

6.5 Supplier will require Customer to grant Supplier unrestricted access to the Property at all reasonable times for the purposes of taking measurements and or carrying out the Services the subject of this Agreement, and for any subsequent remedial work if required.

6.6 Supplier will provide the Services in accordance with the specification set out in the accepted Quotation and other written agreement (as may be amended by written agreement between Customer and Supplier from time to time, however Supplier shall not be liable to begin amendments until we have received written confirmation).

6.7 Supplier will ensure that the Services are performed with reasonable care and skill and to a reasonable standard which is consistent with all relevant codes of practice, best trade practice and all current building regulations.

6.8 Supplier is not liable to carry out any decorating work, unless otherwise stated in Quotation, but will ensure that no parts of the Property suffer damage as a result of Supplier provision of the Services. This does not apply to damage caused to any existing decorations which is reasonably commensurate with the carrying out of works in the usual way.  Supplier will make good any other damage that occurs at no additional expense to you, as soon as is reasonably possible.

6.9 Supplier will properly dispose of all waste that results from Supplier provision of the Services. Any waste, fixtures or fittings that is not a direct result of Supplier provision of the Services is not our responsibility and additional fees will apply.

6.10 Any dates given by Supplier are estimates only and unless otherwise specifically agreed by Supplier in writing, Supplier shall have no obligation to complete the works by a specified date.

6.11 No allowance for the following works:

6.11.1 Access equipment – e.g., tower scaffolds, scissor lifts, booms, etc.

6.11.2 Back-up generators

6.11.3 Fibre optics installation

6.11.4 Disruption to works between the hours of 8-5 or additional costs could apply

6.11.5 Any supply authorises – e.g. UK power networks, B.T. installation, TV installation etc.

6.11.6 Builder’s works – e.g. core holes, underground ducting works, chasing walls, making good, holes greater than 50mm.

7. RISK AND TITLE

7.1 Responsibility for the Goods transfers to the Customer from the moment they are delivered.

7.2 Legal ownership of the Goods will not pass to the Customer until the Supplier has received full payment (in cash or cleared funds) of:

7.2.1 all amounts owed for the Goods and Services; and

7.2.2 any other sums that are due, or may become due, to the Supplier from the Customer under any account.

7.3 Until title to the Goods has transferred to the Customer, the Customer must:

7.3.1 hold the Goods in trust for the Supplier as the Supplier’s bailee.

7.3.2 store the Goods separately from all other items belonging to the Customer or any third party, at no cost to the Supplier, ensuring they remain clearly identifiable as the Supplier’s property.

7.3.3 refrain from removing, damaging, altering, or obscuring any labels, markings, or packaging relating to the Goods; and

7.3.4 keep the Goods in good condition and insure them for their full replacement value against all risks, in the Supplier’s name and to the Supplier’s reasonable satisfaction. The Customer must provide evidence of such insurance upon request.

7.4 The Customer’s right to possess the Goods will end immediately if:

7.4.1 the Customer becomes insolvent, is made bankrupt, enters into any arrangement with creditors, or benefits from any statutory insolvency relief; or, if a company, convenes a creditors’ meeting, enters liquidation (other than a solvent voluntary liquidation for restructuring), has a receiver, manager, administrator, or administrative receiver appointed, files or has filed against it any documents for the appointment of an administrator, has a winding‑up petition issued, or becomes subject to any insolvency proceedings; or

7.4.2 the Customer has any execution, distress, or similar legal process levied against its property, fails to meet its obligations under this Contract or any other contract with the Supplier, becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, has a secured creditor take steps to enforce security, or ceases trading; or

7.5 the Customer attempts to charge, pledge, or otherwise place any encumbrance over the Goods.

7.6 The Customer grants the Supplier, its employees, and its subcontractors an irrevocable licence to enter any premises where the Goods are, or may be, located. The Customer also undertakes to ensure access to such premises is available at all times. This right applies for the purposes of inspecting the Goods or, where the Customer’s right to possession has ended, recovering them. All associated costs shall be borne by the Customer.

8.PRICE & PAYMENT TERMS

8.1 Unless the Supplier agrees otherwise in writing, the price for all Goods and/or Services will be the price stated in the Quotation or Supplier’s written order acknowledgment

8.2 All prices are exclusive of VAT.

8.3 The Customer must pay any additional charges that the Supplier, at its sole discretion, considers necessary due to the Customer’s actions or omissions. This includes inaccurate Materials, unclear or missing instructions, or any failure by the Customer to meet its obligation. The Supplier may increase the price of Goods or Services if the Customer changes delivery dates, quantities, or specifications, or if delays occur due to the Customer’s instructions or failure to provide required information. The Supplier may also increase the price where the cost of Services cannot reasonably be determined in advance, or where Services are required outside the hours of 8am–5pm, Monday to Friday (excluding Bank Holidays).

8.5 The Supplier may review and adjust the price of Goods and/or Services at any time, provided the Customer is given prior written notice of any increase.

8.6 If, during the contract, material costs rise significantly through no fault of the Supplier, the price will be adjusted fairly to cover the increase. A “significant” increase means any rise of more than 3% from the date the quotation was accepted. If material delivery is delayed due to shortages or unavailability beyond the Supplier’s control, the Supplier will not be responsible for any resulting costs or losses.

8.7 Unless the supplier agrees otherwise in writing

a) 50% of the Contract price is payable upon acceptance.

 b) The balance is payable upon completion

c) Customer must pay any invoice immediately upon receipt/completion, by bank transfer.

d) For contracts exceeding 30 days, monthly invoices will be issued and payable within 7 days.

8.8 Time for payment is of the essence of the Agreement and failure to pay the full price or balance on the due day may invalidate the terms of the guarantee.

8.9 Returned payments must be reimbursed.

8.10 All sums become due immediately upon termination.

8.11 Late payments incur interest at 8% above HSBC base rate plus recovery costs, accruing on a daily basis from the due date until date of actual payment. Supplier may also refuse to provide any further Services under the Agreement until such time as any outstanding payment has been paid and will not be liable for any delays caused as a result.

8.12 MPG Electrical Contractor may suspend work or treat the Contract as repudiated if payment is not made.

8.13 Orders for goods or services cannot be cancelled once acknowledged; cancellation costs may apply.

8.14 Any changes to the accepted quotation must be agreed in writing by both parties before the works commence. Any resulting adjustment to the price will become payable in line with the agreed payment terms. The Customer acknowledges that alterations to the original specification may cause delays to previously agreed programme or completion dates.

8.15 If theprice of Materials or Services increases during the period between Customer acceptance of the Quotation and the agreed start date the Supplier will inform Customer of the increase and any difference in final fee.

8.16 The Quotation may be revised if:

a) The Customer requests accelerated work.

 b) The Premises are unsuitable for installation in ways not apparent during the initial survey.

 c) The Customer failed to disclose relevant information affecting installation.

d) Special circumstances arise that were not known at the time of quotation.

e) Material or third‑party costs increase beyond MPG Electrical Contractor’s control.

8.17 All telephone line, internet, network, SIM card, or communication charges required for the Equipment are the Customer’s responsibility.

8.18 MPG Electrical Contractor may increase annual maintenance charges after twelve months from the Handover Date with two months’ notice.

8.19 The Quotation does not include redecoration, carpet lifting, building works, or making good unless expressly stated.

8.20 Additional charges may apply if MPG Electrical Contractor’s engineers are unable to access required areas.

8.21 Ownership of Equipment sold to the Customer does not pass until full payment is received.

8.22 Until ownership transfers, the Customer must:

a) Hold the Equipment as fiduciary bailee.

 b) Not destroy, deface or obscure identifying marks.

c) Maintain the Equipment in good condition and insure it at full value.

8.23 All payments must be made without deduction, set‑off or counterclaim.

9. WARRANTIES

9.1 MPG Electrical Contractor warrants that:

a) Goods will be of satisfactory quality. b) Goods will be fit for their intended purpose when used correctly. c) Services will be performed with reasonable skill and care.

9.2 MPG Electrical Contractor is not liable for defects caused by:

a) Continued use after alleged fault discovery. b) Failure to follow any oral or written instructions. c) Misuse, negligence or abnormal conditions. d) Customer‑supplied specifications. e) from any change/modification made by customer, f) Non‑payment.

9.3 MPG Electrical Contractor may, at its discretion, repair or replace any defective Goods, or re‑perform any Services that can be shown, to the Supplier’s reasonable satisfaction, not to have been carried out with appropriate skill and care. Alternatively, the Supplier may choose to refund any amounts the Customer has already paid for those Services.

10. LIABILITY

10.1 Nothing in this Contract limits liability for death or personal injury caused by negligence.

10.2 MPG Electrical Contractor is not liable for:

a) Loss of profits, business, goodwill or opportunity. b) Indirect or consequential loss. c) Failure of the Installation to prevent intrusion, theft or damage. d) Failure of electronic systems due to rare or exceptional circumstances.

10.3 MPG Electrical Contractor’s total liability shall not exceed the total charges paid under the Contract.

10.4 All implied terms are excluded to the fullest extent permitted by law.

11. INDEMNITY

MPG Electrical  Contractor accept no liability in respect to any and all claims, losses, damages, liabilities, costs, or expenses arising from:

11.1 Any act, omission, negligence, or default of the Customer or any third party engaged by the Customer.

11.2 Any failure by the Customer to comply with these Terms and Conditions, including but not limited to obligations relating to access, permissions, preparation works, safety, or the provision of accurate information. 

11.3 Any defects, faults, or inadequacies in any existing installation, construction, equipment, or materials provided or arranged by the Customer or a third party not instructed by MPG Electrical Contractor. 

11.4 Any delays, disruptions, or additional work caused by the Customer’s instructions, lack of instructions, or failure to meet agreed responsibilities. 

11.5 Any claim brought by a third party arising out of or connected to the Customer’s premises, equipment, or actions. 

11.6 Any breach of statutory requirements, licences, consents, or permissions that the Customer is responsible for obtaining. 

11.7 Misuse of the Equipment 

11.8 Failure to comply with the Contract 

11.9 Faults or premature deterioration which result from the Customer failure to comply with Supplier maintenance and cleaning instructions.

11.10 Damage due to misuse or vandalism

11.11 Cosmetic damage or deterioration arising out of normal wear and tear.

11.12 Third‑party claims relating to the Customer’s use of the Installation

12. TERMINATION

12.1 Either party may terminate the Contract with ‘two months’ written notice.

12.2 MPG Electrical Contractor may terminate immediately if:

a) The Customer commits a material breach and fails to remedy it within 14 days. b) The Customer is in arrears for more than 14 days. c) The Customer becomes insolvent. (This does not affect our right to charge interest on overdue sums under close 8.11)

b) The Supplier have been unable to provide the service for more than 6 months due to an event outside of Supplier control.

12.3 Upon termination, MPG Electrical Contractor may recover Equipment that remains its property.

12.4 All outstanding sums must be paid within 30 days of termination.

13. FORCE MAJEURE

MPG Electrical Contractor is not liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to:

1. Fire
2. Flood
3. Storm
4. Power failure
5. Industrial action
6. Shortage of materials

14. RIGHTS OF THIRD PARTIES

No third party has any right to enforce any term of this Contract.

15. GOVERNING LAW

This Contract is governed by the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales.