Terms & Conditions

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Application and entire agreement

These Terms and Conditions apply to the contract between:

1. Mid Wales Mechanical (The Old Block, Princes Avenue, Llandrindod Wells, LD1 5HU)


2. The person(s) / entity buying the Services (“You” or “Your”) as detailed in the quotation.

In respect of the materials, equipment and services to be provided in execution of works detailed in the quotation (the “Services”).

In accepting the quotation and / or instructing Mid Wales Mechanical to carry out the Services detailed in the quotation You are deemed to have explicitly accepted these Terms and Conditions.

These Terms and Conditions and the quotation form the entire agreement between us (the “Contract”).

You acknowledge that You have not relied on any statement, promise or representation (Oral or otherwise) made or given by or on behalf of Mid Wales Mechanical, unless explicitly written in the Contract.


The headings in these Terms and Conditions are for convenience only and do not affect their interpretation. Words imparting the singular number shall include the plural and vice-versa.


Mid Wales Mechanical warrant that it will use reasonable care and skill in the performance of the Services. All Services will be performed in compliance with the quotation (including any specifications detailed therein).

Mid Wales Mechanical is entitled to make changes to the Services / Contract should this be required to comply with any applicable changes in law or safety requirement that come into force after the date of the quotation, and will notify you if this is necessary.

Mid Wales Mechanical will use reasonable endeavours to complete the performance of the Services within the time estimated or as may be set out in the quotation: however, time shall not be of the essence in the performance of Mid Wales Mechanical’s obligations under the Contract.

Your obligations

You must obtain any 3rd party permissions, consents, licenses, accesses or otherwise that Mid Wales Mechanical need to perform its obligations under the Contract, unless otherwise stated in the Contract as being Mid Wales Mechanicals’ responsibility.

Furthermore, you must provide Mid Wales Mechanical with access to any and all relevant information, materials, properties and any other matters which Mid Wales Mechanical need to provide the Services, unless otherwise stated in the Contract and being Mid Wales Mechanical’s responsibility.

Mid Wales Mechanical are not liable for any delay or failure to provide the Services if this is caused by Your failure to comply with the provisions of this section or any other provision of the Contract.

Fees and deposit

The fees (Fees) for the Services are set out in the quotation and unless explicitly stated otherwise are an estimate on a time and materials basis. A fixed Fee shall apply to the Services only if explicitly stated in the quotation.

In addition to the quoted Fees, the final invoice for the Services shall include:

Reasonable incidental expenses including, but not limited to, travelling expenses, hotel costs, subsistence and any associated expenses incurred by Mid Wales Mechanical in the provision of the Services,

1. the cost of services, materials and / or equipment provided by third parties and required by Mid Wales Mechanical in the performance of the Services, and

2. the cost of any materials required for the provision of the Services

3. Additional fees resulting from changes to the scope / specification as you may request and / or additional costs incurred by Mid Wales Mechanical resulting from any of your non-compliance with Contract.

The Fees shall be inclusive of any taxes or levies which are imposed or charged by any competent authority.

Cancellation and amendment

Mid Wales Mechanical can withdraw, cancel or amend a quotation, prior to the payment of the Deposit.

After payment of the Deposit if You want to amend any details of the Services You must inform Mid Wales Mechanical in writing. Mid Wales Mechanical will use reasonable endeavours to accommodate any such requested changes (but are under no obligation to do so) and any resulting additional costs will be added to the Fees.

If, due to circumstances beyond Mid Wales Mechanical’s control, including but not limited to those set out herein, Mid Wales Mechanical are required to make any change in the Services (or the manner in which they are provided), Mid Wales Mechanical will notify You as soon as reasonably practical and use reasonable endeavours to keep any such changes to a minimum.


(Unless otherwise stated in the quotation)

All Fees are payable by You within 7 days of the date of invoice.

Without limiting any other right or remedy Mid Wales Mechanical have for statutory interest, if You do not pay in accordance with the Contract Mid Wales Mechanical reserve the right to charge You interest at the rate of 10% per annum above the base lending rate of the Bank of England from time to time on the amount outstanding until payment is received in full.

All payments due under the Contract must be made in full without any deduction or withholding except as required by law and neither party can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

Furthermore, if You do not pay in accordance with the Contract, Mid Wales Mechanical can suspend / terminate the Services and seek damages for the costs incurred in doing so.

Receipts for payments can be issued upon request by You.

All payments must be made in British Pounds sterling unless otherwise agreed in writing between us.

Sub-contracting and assignment

Mid Wales Mechanical can at any time and with reasonable notice as it deems appropriate assign, novate, transfer, charge, subcontract or deal in any other manner with all or any of its rights and obligations (in whole or part) under the Contract.

You must not, without the prior written consent of Mid Wales Mechanical, assign, novate, transfer, charge, subcontract or deal in any other manner with all or any of Your rights or obligations under the Contract.


Mid Wales Mechanical can terminate the Contract immediately if You:

1. Commit a material breach of Your obligations under the Contract; or

2. Fail to make/pay any amount due under the Contract on the due date for payment; or

3. Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or

4. Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or

5. Convene any meeting of Your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of Your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of You, notice of intention to appoint an administrator is given by You or any of Your directors or by a qualifying floating charge holder (as defined in para.14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for winding up or for the granting of an administration order in respect of You, or any proceedings are commenced relating to Your insolvency or possible insolvency.

Liability and indemnity

Nothing in the Contract will operate to exclude or restrict one party’s liability (if any) to the other:

• for death or personal injury resulting from its negligence or the negligence of a person for whom it is vicariously liable;

• for its fraud or fraudulent misrepresentation or fraud or fraudulent misrepresentation by a person for whom it is vicariously liable; or

• for any matter for which it is not permitted by law to exclude or limit, or to attempt to exclude or limit, its liability.

To the extent permissible by law Mid Wales Mechanical’s liability under the Contract and in breach of statutory duty and in tort or misrepresentation or otherwise, shall be limited as follows:

The total amount of Mid Wales Mechanical’s liability is limited to the total amount of Fees payable by You under the Contract.

Mid Wales Mechanical shall not be liable for:

1. Any indirect, special or consequential loss, damage, costs or expenses or

2. Any loss of profits, loss of anticipated profits, loss of business, loss of data, loss of reputation or goodwill; business interruption; or, other third-party claims; or

3. Any failure to perform any of its obligations if such delay or failure is due to any cause beyond Mid Wales Mechanical’s reasonable control; or

4. Any losses cause directly or indirectly by any failure or Your breach in relation to Your obligations; or

5. Any losses arising directly or indirectly from the choice of Services and how they will meet Your requirements or Your use of the Services in connection with the Contract.

You shall indemnify and hold harmless Mid Wales Mechanical against any and all damages, costs, claims and expenses suffered by Mid Wales Mechanical arising from any loss or damage to any equipment (including that belonging to third parties) caused by You or Your agents or employees, whether through wilful or negligent acts/omissions.

Circumstances beyond a party’s control (force majeure)

Neither party is liable for any failure or delay in performing its obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; power failure, ISP failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either party may terminate the Contract and each party shall be responsible for its own costs that may result.


Notices under the Contract must be in writing, Notices shall be deemed to have been duly given:

1. When delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

2. When sent, if transmitted by fax, email or text and a successful transmission report or return receipt is generated;

3. On the fifth business day following mailing, if mailed by national ordinary mail; or

4. On the tenth business day following mailing, if mailed by airmail.

5. Via email on the time and date as per the senders server record.

All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

No waiver

No delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.


If one of more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that/those provisions will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

Law and jurisdiction

These Terms and Conditions are governed by and interpreted according to the law of England and Wales. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.

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