1. About MegaFan

1.1 These Terms and Conditions apply to the use of our website and, where incorporated into a contract, our supply of products and services to business customers.

1.2 “MegaFan”, “we”, “us” and “our” mean MegaFan Technologies Limited, trading as MegaFan.

Company number: 05762467
Contact address: 1 Rhodes Street, Hyde, Greater Manchester, SK14 2DS
Email: accounts@megafans.co.uk

1.3 “Customer”, “you” and “your” mean the person, company or organisation purchasing our products or services. References to website users apply to anyone accessing our website.

1.4 “Products” include fans, controllers, sensors, mounting components, accessories and replacement parts supplied by us.

1.5 “Services” include any agreed surveys, design work, installation, commissioning, maintenance, repairs, technical support and related professional or technical services.

1.6 “Contract” means the agreement between MegaFan and the Customer, comprising the accepted quotation, order confirmation, agreed specification, these Terms and any expressly agreed amendments.

1.7 “Business Day” means a day other than a Saturday, Sunday or public holiday in England.

2. Scope of these Terms

2.1 Our commercial supply terms are intended for customers purchasing in connection with a trade, business, craft, profession or organisational activity.

2.2 If you intend to purchase wholly or mainly for personal use, tell us before placing an order so that appropriate consumer terms and information can be provided.

2.3 Nothing in these Terms removes or restricts rights that cannot lawfully be excluded. A customer’s legal status depends on the circumstances of the transaction, not simply on how the order is described.

2.4 Website provisions apply to website use. Merely browsing the website does not create an obligation to purchase or pay for products or services.

2.5 Project-specific terms expressly agreed in writing take precedence over these Terms to the extent of any inconsistency. Mandatory legal requirements take precedence over all contractual documents.

2.6 These Terms are our standard conditions of sale. They apply to quotations and orders where supplied or otherwise properly incorporated before the Contract is formed. Any departure requires the parties’ written agreement. A statement on a later invoice or a website update does not, by itself, change an existing Contract.

3. Website information and permitted use

3.1 Our website provides general information about MegaFan, our products, services and potential applications.

3.2 You may use the website for lawful purposes and download reasonable extracts for internal assessment of our products and services, provided that ownership notices remain intact.

3.3 You must not knowingly introduce malicious software, attempt unauthorised access, interfere with the website’s operation or use its content in a misleading or unlawful manner.

3.4 We take reasonable care over website information but may correct errors, update specifications and change or withdraw content. Website availability may be interrupted for maintenance, security or reasons outside our reasonable control.

3.5 Website descriptions and general guidance do not replace a project-specific assessment. Information that forms part of an agreed Contract remains subject to that Contract.

3.6 Links and embedded material supplied by third parties are provided for convenience. Their services may be governed by separate terms and privacy notices. A link does not, by itself, constitute endorsement.

4. Images, illustrations, animations and military imagery

4.1 Our website and marketing materials may contain photographs, stock imagery, computer-generated images, diagrams, simulations and animations. These may illustrate potential applications or explain airflow principles rather than document a completed installation.

4.2 Unless expressly identified as an actual project or an accurate product representation, illustrative material should not be treated as a scale drawing, installation instruction or confirmation of a particular specification.

4.3 Military and defence-related images are used for illustration purposes only. This includes images depicting military personnel, vehicles, aircraft, hangars, bases, equipment or other defence environments.

4.4 Unless expressly stated and substantiated, these images do not represent an installation completed by MegaFan, identify an existing customer or confirm that a depicted organisation has purchased or used our products.

4.5 The appearance of military equipment, uniforms, insignia or facilities does not imply approval, sponsorship, certification, partnership or endorsement by the Ministry of Defence, the UK Armed Forces, NATO, any overseas armed force or another government organisation.

4.6 Illustrative imagery does not establish security accreditation, military suitability, hazardous-area approval or compliance with a particular defence procurement requirement. Any such requirement must be identified and expressly addressed in the Contract.

4.7 Third-party names, logos and insignia remain the property of their respective owners. Their appearance does not grant users permission to reproduce them.

4.8 These provisions do not override an express contractual description, justify a misleading representation or remove any legal responsibility for the accuracy of our marketing.

5. Calculators, simulations and performance examples

5.1 Website calculators, airflow illustrations and indicative assessments are intended to support initial project evaluation.

5.2 Results depend on their assumptions and inputs, including building dimensions, insulation, occupancy, operating hours, equipment settings, energy tariffs, weather and existing heating or cooling performance.

5.3 Examples of energy savings, carbon reductions, temperature differences, coverage or payback periods are not guarantees that another site will achieve the same outcome.

5.4 Carbon calculations depend on the emissions factors, reporting period and methodology selected. Unless expressly commissioned for that purpose, they do not constitute a verified carbon footprint or formal reporting assessment.

5.5 Any contractual performance commitment must be recorded in writing, including its operating conditions, measurement method, assessment period and applicable remedy.

5.6 Nothing in this section removes our obligation to perform agreed assessment or design services with reasonable care and skill.

6. Quotations and formation of the Contract

6.1 Unless withdrawn before acceptance, a quotation or tender remains open for the period stated in it or, if no period is stated, for 30 calendar days from its date. Acceptance and Contract formation are subject to section 6.2.

6.2 Unless a quotation expressly provides another acceptance method, a Contract is formed when we issue written acceptance of your order.

6.3 An automated enquiry acknowledgement or receipt of a purchase order does not, by itself, confirm acceptance.

6.4 You must check the proposed specification, quantities, site details, delivery requirements and service scope before ordering and notify us of any error.

6.5 Customer purchasing terms apply only where we expressly accept them in writing. They are not incorporated merely because they appear on a purchase order or other document.

6.6 Where an obvious pricing or specification error is identified before acceptance, we will explain the correction and allow you to reconsider the order.

6.7 After a Contract is formed, material changes require agreement. We will not rely on a website update to alter an existing Contract.

6.8 When accepting a quotation or submitting an order, you must provide sufficient information and instructions to enable us to proceed. Where missing or delayed information increases costs or changes the programme, we will explain and seek written agreement to the resulting adjustment under sections 8 and 17 before carrying out affected additional work.

6.9 Samples supplied on a returnable basis must be returned to our nominated premises within one calendar month of your receipt, unless another period is agreed. If they are not returned within that period, you must pay the sample price disclosed and agreed before supply. Return transport, sample condition and any charge for customer-caused damage must also be agreed before supply. This does not affect rights relating to defective samples.

7. Products, specifications and agreed scope

7.1 The Contract identifies the products and services included, together with any exclusions and responsibilities allocated to each party.

7.2 Unless included expressly, product supply does not automatically include installation, structural verification, electrical modifications, access equipment, commissioning or integration with other systems.

7.3 Goods supplied by us must conform to the Contract and applicable legal requirements. Services will be performed with reasonable care and skill.

7.4 Proposed substitutions or material specification changes require the Customer’s written agreement before supply.

7.5 You must tell us about any particular purpose, operating restriction or environmental condition relevant to selection. This includes corrosive environments, washdown, unusual temperatures, sensitive processes, hazardous atmospheres and restricted-access locations.

7.6 Special certification, approval or integration requirements apply only where included in the agreed scope. This does not excuse any failure to meet requirements that apply by law.

7.7 Weights, dimensions, drawings, catalogue descriptions and marketing illustrations are approximate or illustrative unless expressly included in the agreed specification. They do not override an agreed description, certified drawing or performance commitment, or any responsibility that cannot lawfully be excluded.

7.8 After acceptance of an order, one set of certified outline drawings for the agreed Products will be supplied free of charge on request. Additional drawing formats, detailed engineering work, revisions outside the agreed scope or specialist calculations may be separately quoted. Outline drawings are not structural certification or permission to depart from installation instructions.

8. Prices, VAT and additional work

8.1 Prices and currency are those stated in the accepted quotation or order confirmation.

8.2 Unless stated otherwise, business quotations exclude VAT, which will be added where applicable at the appropriate rate.

8.3 Unless specifically included in the quotation, prices exclude delivery, installation, commissioning, access equipment, electrical work, disposal and other separately identified services.

8.4 We will explain any proposed additional charge arising from a requested variation, inaccurate information, unforeseen site conditions or additional work outside the agreed scope.

8.5 Except for immediate action reasonably necessary to make a situation safe, additional chargeable work requires approval before it proceeds.

8.6 If the accepted quotation expressly states that prices ruling at dispatch apply, the applicable price list or adjustment basis must be identified before the Contract is formed. We will notify you of the resulting price before dispatch. Otherwise, the agreed price remains fixed except for a written variation or a change required by law. These Terms alone do not permit an unrestricted unilateral price increase.

9. Payment and overdue accounts

9.1 Deposits, staged payments and final payments are due in accordance with the agreed payment schedule.

9.2 Where a net monthly credit account has been agreed and no different payment deadline is specified, the net invoice amount is payable by the last calendar day of the month following the month in which you receive a valid invoice, provided that the invoiced goods have been delivered or services performed. Where no credit account or payment schedule is agreed, payment is due within 30 calendar days after receipt of a valid invoice or delivery or performance, whichever is later. Any mandatory shorter payment period or applicable statutory construction payment regime takes precedence.

9.3 Deposits and advance payments are payable only where agreed before the Contract is formed.

9.4 Notify us promptly of a disputed invoice, explaining the amount and reason for the dispute. Undisputed amounts remain payable when due, subject to any applicable statutory payment regime.

9.5 Where applicable, we may claim interest under the Late Payment of Commercial Debts (Interest) Act 1998 at eight percentage points above the applicable Bank of England statutory reference rate per annum, accruing daily from the day after payment falls due until payment. We may also claim statutory compensation and qualifying reasonable recovery costs. We will provide details of the amount claimed on request. These rights apply subject to the legislation and any valid contractual alternative.

9.6 Where an overdue amount remains unpaid after written notice, we may suspend affected performance in accordance with section 19 and applicable law.

9.7 Any change to payment details should be verified through an established contact method before funds are transferred.

10. Delivery, unloading, storage, instalments and risk

10.1 Delivery arrangements and any agreed delivery dates will be stated in the Contract. Delivery is chargeable unless expressly included. Unless we expressly agree otherwise in writing, the Customer is responsible for providing suitable personnel and equipment to unload consignments safely.

10.2 A date described as estimated is an estimate. We will notify you of material delays and discuss a revised programme. Expressly agreed binding deadlines remain subject to their agreed terms.

10.3 You must provide the delivery information and access reasonably required, including vehicle restrictions, unloading arrangements and relevant site procedures.

10.4 Unless otherwise agreed, risk of accidental loss or damage passes when the goods are made available to you at the agreed delivery location, immediately before unloading where unloading is your responsibility. If we have agreed to unload, risk passes on completion of unloading. Where collection is agreed, risk passes when goods are handed to you or your nominated carrier. Risk may pass before ownership under section 11.

10.5 This transfer of risk does not remove our responsibility for damage caused by our own breach or negligence.

10.6 Check delivered goods as soon as reasonably practicable and report visible damage, shortages or incorrect items promptly. Where possible, record concerns on the delivery documentation and retain supporting photographs.

10.7 A signed delivery note is not conclusive acceptance that goods are free from hidden defects.

10.8 If forwarding instructions or agreed access are not provided within 14 calendar days after written notification that goods are ready for dispatch in accordance with the agreed programme, you must accept delivery or arrange suitable storage. If you do neither, we may arrange reasonable storage at our premises or elsewhere on your behalf after notifying you. Reasonable, evidenced storage, insurance, redelivery and demurrage charges caused by your delay are payable by you. Charges do not apply to delay caused by us. Storage does not itself constitute delivery or transfer risk earlier than section 10.4.

10.9 Where delivery by instalments is agreed, each instalment may be invoiced separately and is payable under section 9. Delay or failure affecting one instalment does not automatically entitle you to reject conforming instalments or withhold sums properly due for them. Rights arising from a material breach, defective delivery or applicable law remain unaffected.

11. Ownership of goods

11.1 Subject to authorised resale under section 11.6, ownership of identifiable Products remains with MegaFan until we receive in cleared funds all amounts payable by the Customer to MegaFan for goods and services already supplied under this or any other Contract, whether or not those amounts have yet fallen due. This provision is subject to applicable law and does not accelerate the agreed payment dates.

11.2 Before ownership transfers, you must take reasonable care of the Products, maintain appropriate insurance, preserve identifying marks and keep them identifiable as our property where reasonably practicable. Tell us promptly of any third-party attempt to seize them and provide reasonable information needed to identify them.

11.3 You must not grant security over Products that remain our property.

11.4 Where payment is overdue and we are legally entitled to recover unpaid Products, we may request their return or agree lawful access arrangements.

11.5 This section does not authorise forced entry, unsafe removal, interference with third-party rights or removal of installed equipment contrary to applicable law.

11.6 Unless otherwise agreed, you may resell Products in the ordinary course of your business before ownership passes, acting as principal on your own account and not as MegaFan’s agent. Ownership passes immediately before an authorised resale. Your obligation to pay us remains. If a material payment default remains unresolved following reasonable written notice, we may withdraw permission for further resale, subject to applicable insolvency law and third-party rights.

11.7 Where Products are incorporated into or converted into another product, these Terms do not automatically transfer ownership of that other product to MegaFan. Any extended security over combined or converted goods must be separately agreed in writing and satisfy applicable legal and registration requirements.

11.8 These Terms do not automatically assign resale proceeds or debts owed by your customers to MegaFan, or authorise direct collection from them. Any such arrangement must be separately documented and legally effective. Nothing in this section permits double recovery of an outstanding debt.

12. Surveys, design and customer information

12.1 Surveys and design services are limited to their agreed scope. A visual site survey does not automatically include intrusive investigation, structural certification or assessment of concealed defects.

12.2 You must provide relevant information reasonably available to you, including dimensions, drawings, building use, operating schedules, known hazards and existing service arrangements.

12.3 We may rely on supplied information where reasonable, but remain responsible for exercising reasonable care and skill and addressing apparent inconsistencies.

12.4 If the information or site conditions change, tell us promptly. Changes may require a revised design, programme or quotation.

12.5 Approval of drawings confirms the matters reasonably within the Customer’s knowledge and responsibility. It does not transfer responsibility for our design errors to the Customer.

12.6 Responsibility for structural checks, mounting-point approval and specialist building-services coordination must be established before installation.

13. Installation and site responsibilities

13.1 Installation will take place in accordance with the agreed scope, programme and applicable safety requirements.

13.2 The Customer must provide agreed access, permissions, inductions and information about relevant site hazards. This includes known asbestos, fragile surfaces, concealed services and restrictions affecting access equipment.

13.3 Work areas must be made available as agreed, including any necessary movement of stock, vehicles, aircraft, machinery or other obstructions.

13.4 Responsibility for electrical supplies, isolation, structural work, lifting equipment and specialist approvals will be recorded in the Contract.

13.5 Neither party may transfer away its statutory duties through these Terms. MegaFan remains responsible for the safe performance of its work and the competence of those it engages.

13.6 We may stop affected work where conditions present a material safety risk. The parties will cooperate to resolve the issue and agree any necessary programme changes.

13.7 Night work, weekend attendance and work around shifts can be arranged where expressly agreed, subject to access, staffing and site restrictions.

13.8 We will take reasonable steps to minimise disruption, but uninterrupted operations cannot be guaranteed unless a specific commitment is included in the Contract.

13.9 Additional attendance caused by customer-requested postponement or unavailable agreed access may be charged only on an agreed or otherwise lawful basis. We will take reasonable steps to limit avoidable costs.

14. Inspection, testing, commissioning and handover

14.1 Commissioning, testing, demonstrations and handover documents will be provided to the extent included in the Contract.

14.2 The Customer must provide the agreed facilities, power, system access and personnel needed for commissioning.

14.3 Acceptance tests and measurable performance criteria should be agreed before testing begins.

14.4 Handover records may identify outstanding minor items and a programme for resolving them. Signing a handover document does not waive rights relating to hidden defects or incomplete contractual obligations.

14.5 The Customer must not operate equipment before it has been released for use or contrary to a safety restriction communicated during commissioning.

14.6 Products are subject to our usual inspections and, where practicable, standard tests before dispatch. Additional tests, specialist certification or tests witnessed by the Customer or its representative may be charged for where the scope and charge are agreed in advance.

14.7 Where witnessed tests or a pre-dispatch inspection are agreed, we will give at least seven calendar days’ written notice that the Products are ready. If you do not attend or arrange an agreed alternative, we may proceed in your absence and provide the relevant results. This does not deem you to have attended, waive agreed test criteria or amount to acceptance of defective or non-conforming goods.

15. Operation, maintenance and technical support

15.1 Products must be used within their specified limits and in accordance with applicable operating and maintenance instructions.

15.2 The Customer is responsible for arranging routine inspections, cleaning and maintenance after handover, except where these are included in an agreed service contract.

15.3 Changes to mounting arrangements, controls, blades, guards or other components should be assessed and undertaken by competent persons.

15.4 General circulation equipment must not be treated as a substitute for specialist extraction, smoke control, hazardous-area ventilation or other safety systems unless expressly designed and approved for that purpose.

15.5 Remote support depends on the information and access available. A remote assessment may identify a likely cause without establishing a complete diagnosis.

15.6 Response times, emergency attendance, preventative maintenance and spare-parts commitments apply only where expressly agreed.

15.7 Technical support provided after handover does not automatically extend a warranty or create a continuing maintenance contract.

16. Warranties and defective products or services

16.1 Unless a different express warranty is agreed in writing before purchase, Products manufactured or marketed and supplied by MegaFan carry a 12-month guarantee from the date of dispatch against defects arising in normal use attributable to faulty materials or workmanship supplied by us. Any longer expressly agreed product warranty applies according to its stated terms. Services remain subject to our obligation to exercise reasonable care and skill and any separately agreed workmanship warranty.

16.2 A manufacturer’s warranty is additional to, and does not replace, any legal or contractual responsibility owed by MegaFan.

16.3 Notify us of a suspected defect promptly after discovery, providing the order reference, product details, symptoms and relevant photographs where available.

16.4 Allow reasonable access to inspect and, where appropriate, remedy the defect. Do not continue operating equipment where doing so would create a safety risk or worsen the damage.

16.5 Depending on the Contract, the defect and applicable law, remedies may include repair, replacement, repeat performance, a price reduction or refund.

16.6 Exclusions for misuse, unsuitable conditions, inadequate maintenance, accidental or physical damage, abuse, unauthorised modification, investigation or repair apply only to the extent that those circumstances caused or contributed to the fault or prevent a reliable assessment of the claimed defect. An unrelated inspection or repair does not automatically invalidate the entire guarantee. Where practicable, contact us before dismantling or undertaking remedial work; this does not prevent reasonable action necessary to make equipment safe.

16.7 The treatment of labour, access equipment, transport and other remedial costs will follow the agreed warranty and applicable law.

16.8 If investigation establishes that an issue falls outside our responsibility, chargeable further work requires agreement. Diagnostic charges must have been disclosed and agreed before the relevant work.

16.9 A warranty period is not necessarily the same as the period during which a legal claim may be brought.

17. Changes, postponements and cancellation

17.1 Requests to change quantities, specification, delivery or installation dates must be made in writing.

17.2 We will explain the effect on price, materials, lead times and work already undertaken before accepting a variation. Customer-directed suspension, changed instructions or failure to provide required instructions may also require a reasonable adjustment to price and time. We will notify you and obtain written agreement before proceeding with affected additional chargeable work, except for immediate action reasonably necessary for safety.

17.3 Business customers do not have a general contractual right to cancel an accepted order for convenience unless the Contract provides one or we agree cancellation in writing. Statutory and breach-related rights remain unaffected.

17.4 Where we agree cancellation, the written cancellation agreement may include reasonable, evidenced charges for work already completed, commitments and expenses incurred for the order, unavoidable third-party costs and net profit genuinely lost as a result of cancellation. Any lost-profit allowance must be expressly identified and agreed, reflect actual loss after reasonable mitigation, and be lawful. No amount may be recovered twice.

17.5 Bespoke, specially ordered or modified items may create costs that cannot be recovered through resale. We will explain relevant commitments and take reasonable steps to mitigate loss.

17.6 Cancellation charges will take account of costs saved, recoverable materials and payments already received. Deposits are not automatically forfeited in full.

17.7 Any balance properly due back to the Customer will be refunded without undue delay.

17.8 Where cancellation results from our breach, the Customer’s available remedies are not restricted by the cancellation-for-convenience provisions.

18. Returns

18.1 Returns of correctly supplied, non-defective Products require prior written agreement.

18.2 Any agreed return conditions, transport arrangements or reasonable handling charge will be confirmed before return.

18.3 Products must be packaged appropriately to avoid damage in transit.

18.4 These administrative arrangements do not remove rights relating to defective, misdescribed or incorrectly supplied goods.

19. Suspension and termination

19.1 Either party may terminate for a material breach that cannot be remedied, or where a remediable material breach remains unresolved after a reasonable written opportunity to remedy it.

19.2 Where an undisputed material sum due under this or another Contract remains unpaid after written notice and a reasonable opportunity to remedy the default, MegaFan may proportionately suspend further deliveries or work, or cancel an uncompleted order if the default persists, to the extent permitted by law. We may also suspend affected work for unsafe conditions or failure to provide essential agreed access. These rights are subject to applicable statutory notices, insolvency restrictions and section 25; they do not override mandatory payment-dispute procedures.

19.3 Any right arising from insolvency or financial distress is subject to applicable restrictions on termination and suspension.

19.4 On termination, the Customer must pay amounts properly due for conforming goods supplied and services performed. Unearned advance payments will be accounted for and refunded where due.

19.5 Termination does not erase accrued rights, valid claims or obligations intended to continue, including confidentiality and payment of outstanding sums.

20. Liability and third-party claims

20.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, defective title or any other liability that cannot lawfully be excluded or limited.

20.2 Subject to section 20.1 and any express project agreement, neither party is liable to the other for indirect or consequential loss to the extent that exclusion is lawful and reasonable.

20.3 A financial liability cap applies only where expressly agreed in writing as part of the Contract. No monetary cap is created merely by publication of these Terms.

20.4 Any agreed cap or exclusion remains subject to applicable law and does not override the liabilities preserved in section 20.1.

20.5 We are not responsible for loss to the extent caused by incorrect customer information, misuse or third-party alterations for which we are not responsible. This does not excuse our own breach or negligence.

20.6 The Customer must take reasonable steps to prevent avoidable loss and notify us of circumstances requiring urgent attention.

20.7 Nothing in our statements about indicative performance removes a remedy for failure to meet an express contractual commitment.

20.8 Subject to sections 20.1 to 20.4, the Customer will indemnify MegaFan against amounts MegaFan is legally liable to pay to a third party, and reasonable related defence costs, to the extent directly caused by the Customer’s breach of the Contract, negligent misuse of the Products or unauthorised alterations. The indemnity does not cover loss attributable to MegaFan’s own breach, negligence or defective Products, or amounts that cannot lawfully be recovered.

20.9 For a claim under section 20.8, MegaFan must notify the Customer promptly, provide reasonable cooperation and take reasonable steps to mitigate loss. The Customer may participate in or, by agreement, conduct the defence through suitably qualified advisers. Neither party may admit liability or settle a claim in a way that imposes an obligation on the other without that party’s written consent, which must not be unreasonably withheld or delayed. No loss is recoverable twice.

20.10 These Terms do not impose a blanket exclusion of all statutory conditions, warranties or representations. Any additional exclusion expressly agreed for a particular business Contract is effective only to the extent permitted by law, including any applicable reasonableness requirement. Express contractual obligations and the liabilities in section 20.1 remain protected.

21. Events outside reasonable control

21.1 Neither party is responsible for delay or failure caused by an event genuinely outside its reasonable control, provided that the affected party could not reasonably avoid or overcome its effects.

21.2 The affected party must notify the other promptly, explain the likely impact and take reasonable steps to reduce disruption.

21.3 Lack of funds or an ordinary increase in operating costs does not, by itself, qualify.

21.4 Payment for goods already delivered and services already performed remains due.

21.5 If an event materially prevents performance for more than 60 consecutive days, either party may terminate the affected unperformed part by written notice, unless a different arrangement is agreed.

21.6 The parties will account for completed work, usable goods and advance payments. Sums relating to undelivered goods or unperformed services will be refunded except to the extent a lawful, expressly agreed entitlement permits retention.

21.7 Qualifying events may include exceptional natural events, fire, flood, unusually severe weather, war, terrorism, sabotage, civil unrest, epidemics, government restrictions or changes in law, labour disputes, accidents, exceptional equipment failures, interruption of transport and shortages of fuel, materials or parts. An event or supplier failure qualifies only where it meets section 21.1; listing it here does not excuse ordinary preventable failures, inadequate planning or a failure to take reasonable mitigating steps.

22. Intellectual property and confidentiality

22.1 Intellectual property in our pre-existing designs, software, drawings, calculations, documents and methods remains ours or our licensors’, unless expressly agreed otherwise.

22.2 Subject to payment of the relevant charges, the Customer receives the rights reasonably necessary to use project deliverables for the agreed installation, including its operation and maintenance.

22.3 You must not reuse our project-specific designs for unrelated installations or commercial reproduction without permission.

22.4 Each party must protect confidential technical, commercial and security information received from the other and use it only for the Contract.

22.5 Disclosure is permitted to personnel and advisers who need the information and are subject to appropriate confidentiality duties, or where required by law.

22.6 Confidentiality does not apply to information already lawfully known, independently developed or publicly available without breach.

22.7 We will obtain appropriate permission before using identifiable customer premises, project photographs, names or logos in publicity. Additional restrictions for airports, military sites and other secure facilities must be respected.

23. Personal information

23.1 Personal information will be handled in accordance with applicable data-protection law and our Privacy Notice.

23.2 Information provided for an enquiry or project may be used to administer the relationship, arrange work, provide support and meet legal obligations.

23.3 Marketing preferences and applicable consent requirements are dealt with separately. Accepting these Terms does not automatically constitute consent to marketing.

23.4 Where the Services require one party to process personal data on behalf of the other, appropriate processing terms will be agreed before that processing begins.

23.5 Cookies and similar technologies are addressed separately through our cookie information and applicable consent arrangements.

24. Overseas supply, restricted sites and compliance

24.1 International delivery, customs responsibilities, import requirements and any applicable trade terms must be agreed in the Contract.

24.2 Each party must comply with applicable sanctions, export controls, anti-bribery requirements and other laws relevant to its performance.

24.3 Customers must disclose relevant destination, end-use and access restrictions before ordering where these affect lawful supply or performance.

24.4 We may decline or suspend an activity where performance would be unlawful. Any financial consequences will be addressed according to the Contract and applicable law.

24.5 Access to military, airport or other secure premises does not imply that MegaFan holds an accreditation or clearance unless expressly confirmed.

25. Construction contracts

25.1 Where installation or related services fall within applicable construction-contract legislation, mandatory provisions governing payment, notices, adjudication and suspension apply.

25.2 Where required payment or adjudication provisions are absent or non-compliant, the applicable statutory scheme takes effect to the extent required by law.

25.3 No provision of these Terms prevents a party from exercising a statutory right to adjudication or requires it to complete informal negotiations first.

25.4 Project-specific construction conditions should identify the applicable payment timetable, notice arrangements and division of responsibilities.

26. Complaints, notices and disputes

26.1 Send complaints and contractual enquiries to accounts@megafans.co.uk, including your order reference, site details and a clear description of the issue.

26.2 We will investigate and respond within a reasonable time, taking account of the nature and urgency of the matter.

26.3 The parties should seek to resolve disputes through their nominated representatives. Mediation may be used by agreement.

26.4 These steps do not prevent urgent court applications, statutory adjudication or action needed to preserve legal rights.

26.5 Formal notices must be sent to the postal or email address designated in the Contract. A notice must identify its purpose clearly. A failed or bounced email is not treated as received.

26.6 These notice provisions do not authorise service of court proceedings by email or override statutory notice requirements.

27. General provisions

27.1 Neither party may assign the Contract without the other’s written consent, which must not be unreasonably withheld or delayed.

27.2 MegaFan may use suitably competent subcontractors, subject to agreed site restrictions, while remaining responsible for its contractual obligations.

27.3 If a provision is invalid or unenforceable, the remaining provisions continue to apply so far as legally possible.

27.4 Failure or delay in enforcing a right does not, by itself, waive that right.

27.5 Unless expressly agreed otherwise, a person who is not a party to the Contract has no right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

27.6 The agreed contractual documents record the parties’ agreement. Nothing in this provision excludes liability for fraud or removes a remedy that cannot lawfully be excluded.

27.7 For Contracts incorporating this version, these Terms supersede our previously issued standard terms on the same subject, subject to expressly agreed project terms. Changes apply prospectively: publication does not replace the terms of an existing Contract. A contractual variation requires written agreement between authorised representatives of both parties.

28. Governing law and jurisdiction

28.1 Unless a different arrangement is expressly agreed, business Contracts are governed by the law of England and Wales.

28.2 Subject to mandatory legal rights, statutory adjudication and any agreed dispute-resolution procedure, the courts of England and Wales have exclusive jurisdiction over disputes arising from those Contracts.

28.3 Nothing in this section removes mandatory protections or jurisdiction rights available to a consumer or another person under applicable law.

29. Contact details

For questions about these Terms, invoices, orders or contractual matters, contact:

MegaFan Technologies Ltd
1 Rhodes Street
Hyde, Greater Manchester
SK14 2DS

Company number: 05762467
Email: accounts@megafans.co.uk