Last updated: April 2026
1.1 MCN Mechanical and Electrical is a trading division of MCN Mechanical and Electrical Limited.
1.2 "Agreement" means these Terms and Conditions together with any applicable Service Specification.
1.3 "Customer" means the organisation or person who purchases services from MCN Mechanical and Electrical Limited.
1.4 "Service Specification" means a statement of work, quotation or other similar document describing the services to be provided by MCN Mechanical and Electrical Limited subject to these Terms and Conditions.
1.5 "MCN Mechanical and Electrical" means MCN Mechanical and Electrical Limited of Collingwood Buildings, 38 Collingwood St, Newcastle upon Tyne, NE1 1JF.
2.1 These Terms and Conditions shall apply to all contracts for the supply of services by MCN Mechanical and Electrical Limited to the Customer.
2.2 MCN Mechanical and Electrical Limited has or shall submit to the Customer a Service Specification which shall specify the services to be performed and the fees payable. The Customer shall notify MCN Mechanical and Electrical Limited immediately if the Customer does not agree with the contents of the Service Specification.
2.3 MCN Mechanical and Electrical Limited shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.
3.1 The fees for the performance of the services are as set out in the Service Specification. MCN Mechanical and Electrical Limited shall invoice the Customer for the services weekly.
3.2 Invoices shall be due and payable within 7 days of receipt of invoice. MCN Mechanical and Electrical Limited shall be entitled to charge interest on overdue invoices from the date when payment becomes due until payment at a rate of 2.5% per annum above the base rate of the Bank of England.
4.1 To enable MCN Mechanical and Electrical Limited to perform its obligations under this Agreement the Customer shall:
4.1.1 Co-operate with MCN Mechanical and Electrical Limited;
4.1.2 Provide MCN Mechanical and Electrical Limited with any information reasonably required by MCN Mechanical and Electrical Limited;
4.1.3 Comply with such other requirements as may be set out in the Service Specification or otherwise agreed between the parties.
4.2 The Customer shall be liable to compensate MCN Mechanical and Electrical Limited for any expenses incurred by MCN Mechanical and Electrical Limited as a result of the Customer's failure to comply with Clause 4.1.
4.3 Without prejudice to any other rights to which MCN Mechanical and Electrical Limited may be entitled, in the event that the Customer unlawfully terminates or cancels the services agreed to in the Service Specification, the Customer shall be required to pay to MCN Mechanical and Electrical Limited as agreed damages and not as a penalty the FULL AMOUNT of any third party costs to which MCN Mechanical and Electrical Limited has committed and in respect of cancellations on less than SIX MONTHS written notice the full amount of the services contracted for as set out in the Service Specification, and the Customer agrees this is a genuine pre-estimate of MCN Mechanical and Electrical Limited losses in such a case. For the avoidance of doubt, the Customer's failure to comply with any obligations under Clause 4.1 shall be deemed to be a cancellation of the services and subject to the payment of the damages set out in this Clause.
4.4 All Charges are stated exclusive of Value Added Tax.
4.5 When a TUPE transfer applies and a net pay system is in place for employees, the venue will be charged the grossed up figure depending on their tax code plus Employees National Insurance and holiday pay along with the agreed Management fee.
4.6 The Client agrees to forward to MCN Mechanical and Electrical Limited at least 7 days before commencement of the services a copy of the Health and Safety policies in force at each location and as soon as reasonably practicable and in any event no later than 24 hours after any reported incident, accident or injury (preferably by facsimile) copies of any entries relating to such incident accident or injury made by any person including the Operatives in any incident book provided.
4.7 In order to assist MCN Mechanical and Electrical Limited to maintain the standards in relation to the Services and to avoid potential third party claims the Client agrees to notify and to instruct the Location manager(s) to notify to MCN Mechanical and Electrical Limited forthwith any incident where any Operative, in carrying out the Services, displays or has displayed unnecessarily aggressive behaviour (whether physical or verbal) towards any customer, employee or visitor to a location.
5.1 Any alterations in the scope of services to be provided under this Agreement shall be set out in a written amendment to the Service Specification, which shall reflect the changed services and fees and any other terms agreed between the parties.
5.2 The Customer may on 3 MONTHS written notice request alterations to the Service Specification by notice in writing to MCN Mechanical and Electrical Limited. On receipt of the request for alterations MCN Mechanical and Electrical Limited shall advise the Customer by notice in writing of the effect of such alterations, if any, on the fees and any other terms already agreed between the parties.
5.3 MCN Mechanical and Electrical Limited shall be entitled at any time to make recommendations to the Customer (whether on statutory or Health and Safety grounds or otherwise) to vary the extent or nature of the services on a temporary or permanent basis. The Customer shall as soon as reasonably practicable thereafter either accept such recommendation or reject it. In the event of rejection MCN Mechanical and Electrical Limited may at its sole discretion lawfully terminate the Agreement with immediate effect.
6.1 Where the Client has specific requirements as to Operatives' uniforms or style of clothing and/or equipment the Client agrees to pay additional expenses incurred and/or pay any resulting increase in the charges.
7.1 MCN Mechanical and Electrical Limited warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.
7.2 Without prejudice to Clause 6.1, and except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the services to be provided by MCN Mechanical and Electrical Limited.
8.1 The Customer shall indemnify MCN Mechanical and Electrical Limited against all claims, costs and expenses which MCN Mechanical and Electrical Limited may incur and which arise, directly or indirectly, from the Customer's breach of any of its obligations under this Agreement.
9.1 Except in respect of death or personal injury due to negligence, the entire liability of MCN Mechanical and Electrical Limited to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the fees paid by the Customer to which the claim relates.
9.2 In no event shall MCN Mechanical and Electrical Limited be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or MCN Mechanical and Electrical Limited had been made aware of the possibility of the Customer incurring such a loss.
10.1 Either party may terminate this Agreement:
10.1.1 Upon giving to the other not less than 6 MONTHS notice in writing;
10.1.2 Forthwith by notice in writing to the other if:
10.1.2.1 the other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within 14 days of being given written notice from the other party to do so;
10.1.2.2 The other party commits a material breach of this Agreement which cannot be remedied under any circumstances; or
10.1.2.3 The other party commits an act of insolvency or bankruptcy or ceases to carry on its business or substantially the whole of its business.
10.2 Termination shall be without prejudice to the rights of the parties accruing prior to Termination.
10.3 If the services are varied pursuant to 5.3 above then MCN Mechanical and Electrical Limited shall adjust the fees accordingly. If the fees cannot be agreed with the Customer, MCN Mechanical and Electrical Limited may at its sole discretion lawfully terminate the Agreement with immediate effect.
11.1 During the term of the Agreement and for a period of 6 months thereafter the Customer shall not solicit or canvass or attempt to solicit or canvass from MCN Mechanical and Electrical Limited any employee or worker or contractor who habitually shall have been involved in the supply of services hereunder.
11.2 In recognition and consideration of MCN Mechanical and Electrical Limited's legitimate business interests should the Customer directly or indirectly engage or employ or procure that another acting on its behalf engage or employ any such employee or worker or contractor (whether acting on his own account or as a servant or agent or body corporate) the Customer shall upon such engagement or employment pay to MCN Mechanical and Electrical Limited an introduction fee of £10,000 plus VAT.
11.3 Each of the parties hereto shall at all times keep confidential all information (in whatever medium and whether oral or in writing) concerning the business and affairs of the other received by the parties obtained or received as a result of the discussions leading up to or of the entering into of this Agreement save for matters in public domain not occurring as a result of a breach of this Agreement.
12.1 The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of MCN Mechanical and Electrical Limited.
12.2 If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
12.3 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
12.4 Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Service Specification or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
12.5 This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
12.6 Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
12.7 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the jurisdiction of the English courts.