Why Use Mays Aerials?

  • Free Estimates & Quotes
  • No Call Out Charges
  • All Work Fully Guaranteed
  • Free Professional Advice
  • Over 30 Years Experience
  • Same Day Installation Service
  • Local Engineers
  • 5m Public Liability Insurance
  • Checkatrade Members
  • Price Start From £50
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Terms and Conditions

Terms and Conditions – Mays Aerials Ltd

All prices quoted are in Pounds Sterling (£) and subject to Value Added Tax at the current rate.

The acceptance of this quotation includes the acceptance of these terms and conditions which shall apply between us, Mays Aerials Limited (the “Supplier”) and the Purchaser who shall be the party entering into contract with us.

These terms and conditions shall be exhaustive of the rights, obligations and liabilities of each party, whether such rights obligations and liabilities arise in respect of or in consequence of a breach of contract or statutory duty or a tortuous or negligent act or omission which gives rise to a remedy at common law.

  1. Errors or Discrepancies: Our quotation is based on the information provided to us at the time of preparing such quotation.  Should any errors or discrepancies become evident which affects our order value we reserve the right to make any adjustments thereto.
  2. Validity:  Unless previously withdrawn the quotation is open for acceptance within the period stated therein or, when no period is stated, within 60 days only after its date.
  3. 3. Lead in periods:  These are as stated within our offer.  Where possible, we will visit the property on the date requested by the Purchaser and provide a free and competitive quotation for the installation works.  If accepted, we will endeavour to complete all works on the same day.
  4. 4. Installation: Unless specifically stated to the contrary in writing, the installation will be carried out during ordinary working hours. Any extra cost incurred, owing to suspension of work, by the Purchaser’s instructions, lack of instructions, interruptions, delays, overtime, unusual working hours, and additional work or variations or work for which we are not responsible or mistakes or any other causes outside our control, shall be added to the contract price. Any such charges shall be based upon our normal rates.

The works shall be considered complete on our notification to the Purchaser that its test has been successfully completed.  The Purchaser will be asked to check and sign for the works carried out internally and externally, for example but not limited to the siting of the dish, digital box, antenna, cable route, colour, and point of entry.  Any defects must be highlighted at this time and we will rectify any issues relating to the installation.  If no defects are noted, payment will be required in accordance with clause 10 below.

  1. Programme:  All such times are to be treated as estimates only and unless otherwise agreed in writing we shall have no obligation to complete the works by a specified date.
  2. 6. Notice Period: Where we are unable to complete the installation on the date of the quotation, we require a minimum of 1 week’s formal notice to deliver the materials and commence the installation.   If, subsequent to the giving of such notice the site is not ready for our works to commence, we shall require a further written notice from the Purchaser.
  3. 7. Delay and Abortive Visits: Our price is based on being able to complete our works in one continuous visit.  If we are prevented from continuous working through to completion, we reserve the right to recover any costs incurred by way of delay or abortive visits.
  4. 8. Variations:  Any variation must be evidenced by a written instruction before we proceed with the works.
  5. 9. Price Variations: Any price variation shall become due for payment to us in accordance with the terms for payment herein.

All prices will be subject to further variation in respect of any additional costs arising by virtue of any statute, regulations or orders issued by any Government Department or other duly constituted authority.

  1. 10. Payment Terms: Unless otherwise agreed, full payment is to be handed to the installation engineer on the day of completion of the works.

All goods supplied by us shall remain our property until full payment of our contract value is received.  Until title passes:

We shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part of the goods;

We, our agents and employees shall be entitled at any time and without the need to give notice, enter upon any property upon which the goods or any part are stored, or upon which we reasonably believe them to be kept;

The Purchaser shall store and mark the goods in a manner reasonably satisfactory to us indicating that title to the goods remains vested in us;

The Purchaser shall insure the goods to their full replacement value; and

Irrespective that title to the goods remains with us, risk in the goods shall pass to the Purchaser upon delivery.

  1. 11. Cancellation: Where we have been asked to attend the Purchaser’s property to provide a quotation, we would request a minimum of 24 hours cancellation period.

Should the Purchaser cancel an order with us, we require notice of a minimum of 24 hours before we are due to commence works.  We reserve the right to levy reasonable cancellation charges, including but not limited to, any administration costs, procurement costs and loss of profit, against the Purchaser and these shall fall due for payment immediately.

  1. 12. General Liability: Due to circumstances outside of our control we shall not be liable for any delay or for any consequence of any delay in the delivery of any of the goods or the completion of the work if such delay shall be due to fire, strike, lockout, dispute with workmen, flood, accident, delay in transport, shortage of fuel, default of any Sub-Contractor, inability to obtain material and/or labour, embargo, act or demand or requirement of any government or any government department or local authority, or as a consequence of war or of hostilities (whether war be declared or not), delay in the provision of a permanent electrical supply to enable continuous working, or any other cause whatsoever beyond our reasonable control.

If any such delay occurs then (unless the cause thereof shall frustrate or render impossible or illegal the performance of this contract or shall otherwise discharge the same) our period for performing our obligations shall be extended by such period (not limited to the length of the delay) as we may reasonably require to complete the performance of our obligations.

We shall not be liable whether by way of indemnity, breach of contract or statutory duty or in tort (including negligence) for any loss of profit, loss of use, loss of contract or contracts, or for any financial or economic loss or for any indirect or consequential loss or damage whatsoever.

We shall not be liable for and the Purchaser shall indemnify and hold him harmless against any claim for loss or damage to any property directly or indirectly occasioned by or arising from the use or operation (other than by us) or possession of any of the equipment and from negligence (including the use of any part of the equipment otherwise than in accordance with our operating instructions and manuals) or default (including any non-compliance with any obligation of this agreement, any delay any wrong information and any lack of required information) or misuse by or on the part of the Purchaser or any persons other than ourselves.

This indemnity shall extend to any costs and expenses incurred by us and shall continue in force notwithstanding the termination of this agreement.

The Purchaser shall not use or permit to be used the whole or any part of the equipment the subject of this contract before it has been completed tested and handed over by us and in the event of any such unauthorised use we shall not be liable for any loss or damage arising there from.

Where we have specifically contracted in writing to deliver or complete the work within a specified time or by a specified date and we are in delay for reasons other than provided for under these conditions, then, to the extent that we are liable to pay damages to the Purchaser, the payment of damages will be equal to 1% of our net contract value (excluding any provisional sum) for each week of delay subject to a maximum liability of 5% of our net contract value (excluding any provisional sum) in full satisfaction of any liability for delay whatsoever, and,

Where we are a Sub-Contractor and the Purchaser a main Purchaser, damages pursuant to the above clause will only become payable to the Purchaser when the Purchaser is liable to pay damages under the main contract as a direct result of our delay and shall be in full satisfaction of any liability for delay whatsoever in the performance of our works.

  1. 13. Insurance: We include for Public Liability Insurance with an indemnity limit of £5 million. We do not provide Professional Indemnity Insurance.
  2. 14. Literature and Representations: Our marketing literature is presented in good faith as a guide to represent the product offered and does not form a part of our contract.

Our employees and agents are not authorised to make any representation concerning the goods unless confirmed by us in writing.  In entering into the contract the Purchaser acknowledges that it does not rely on and waives any claim for breach of any such representations, which are not confirmed.

  1. 15. Our Guarantee to you: We hereby warrant the material and workmanship of the apparatus supplied by us under this contact for one year from the date of handover and will make good any defects arising due to faulty design, workmanship or materials carried out or supplied by us which is not due to ordinary wear and tear or to improper use of care by any other party other than ourselves, which may develop within one year from our confirmed date of handover of the installation, provided there is a signed service agreement in place between the parties hereto.  Such service agreement shall be for a minimum period of one year and shall continue in force until such time as it is terminated, by the giving of a 3 month notice of termination in writing, by either party after the initial one year period has expired.

This guarantee shall not be deemed to cover repairs, replacements or adjustments which may be required as a result of wilful or accidental damage, excessive wind speeds, lightning, power failure, vandalism, misuse, neglect or any other cause beyond our control.

We cannot be held responsible for damage to the property, such as fixings or holes, which have occurred whilst removing or repositioning equipment supplied or installed.

We cannot be held responsible for damage to the property incurred after the works have been completed and signed for.

The guarantee contained in this clause shall only apply if, at completion of the Works, all apparatus supplied by us is serviced by us or by a competent person approved by it and (if the latter) in accordance with the terms of a servicing Contract approved by us.

It is a condition of this guarantee that the Purchaser shall ensure that all accessible parts are kept clean, and that no person modifies, adjusts or interferes with the equipment without our prior approval.

Should the Purchaser need to delay the commencement of this servicing and warranty period, this is possible, with prior arrangement by having a ‘standstill’ type maintenance agreement in place.

Our liability under this clause shall constitute our sole liability (save in respect of death or personal injury caused by our negligence) whether in Contract, tort (including negligence) or otherwise in respect of any defects in the goods and services supplied under the Contract and any warranties or conditions implied by law are hereby expressly excluded.

The Purchaser shall not assign the benefit of this guarantee.

  1. No employment:  Nothing in this Contract shall render or be deemed to render us an employee or agent of the Purchaser or the Purchaser an employee or agent of ours.
  2. Determination:  We shall be entitled to determine this Contract in circumstances where:

a.  the Purchaser is in material or continuing breach of any obligations under the Contract and fails to remedy such breach within 10 days of the receipt of our written notification of such breach.

b.  there is persistent and wilful neglect by the Purchaser

c.  the Purchaser becomes incapable of performing its obligations under this Contract

The Purchaser’s payment obligations under this Contract shall survive termination of this Contract where the termination is brought about by the actions of the Purchaser

The termination of this Contract, howsoever arising, shall not affect the rights and liabilities of the parties already accrued at such time nor affect the continuance in force of such provisions as are expressed as capable of having effect after such termination.

  1. 18. Prevention or Frustration: If the Contract becomes impossible to perform or is otherwise frustrated the Purchaser shall be liable to pay to us all costs, expenses, overheads and any loss of profit which we, our suppliers or Sub-Contractors incur as a result of such frustration or impossibility of performance. Any pre-payments which may have been made to us under this contract shall be applied towards satisfaction of such sum as may become due to him under the foregoing provisions.
  2. Licence and Copyright:  We shall, when requested, provide necessary documents, except those of a commercially sensitive nature, as we are required to provide under this Contract. Copyright in all such documents shall remain vested in us, but insofar as we are empowered to do so shall grant a royalty-free non-exclusive licence to the Purchaser to use and reproduce the said documents for their own or their agent’s use solely in connection with the works.  It shall be a condition precedent to the granting of such a licence that all sums properly due to us under this Contract have been paid in full.  We shall have no liability for improper use of the documents other than that for which they are prepared and the Purchaser shall indemnify us from and against any loss arising from the improper use of the subject matter of this cause.
  3. 20. Patents: The Purchaser warrants that any design or instruction furnished or given by him shall not be such as will cause us to infringe any letter patent, registered design or trade mark in the execution of his order.
  4. Assignment:  The Purchaser shall not be entitled to assign the benefits under this Contract without our prior written consent, which shall not be unreasonably withheld.
  5. Waiver:  Failure of any party to insist upon strict performance of any provisions of this Contract or the failure of any party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this Contract.  No waiver of any of the provisions of this Contract shall be effective unless it is expressly stated to be such and signed by all the parties to this Contract.
  6. Confidentiality: In the course of the works, it may be necessary for the parties to have access to information that is confidential to the other (“Confidential Information”). Confidential Information shall not include:

a.  which is, at the time of disclosure, in the public knowledge, or which after disclosure, becomes part of the public knowledge, except by breach of this Contract;
b. which was in the receiving party’s possession (as reflected in written records) at the time of disclosure by the disclosing party; and which was not acquired, directly or indirectly, from the disclosing party;

b.  which the receiving party can demonstrate; by written documents, resulted from its own research and development, independent of disclosure from the disclosing party;

c.  which the party receiving the information already possesses or which it obtains or originates independently in circumstances in which that party is free to disclose it; or which either party is obliged to disclose to comply with any requirement of the law.

The parties agree both during this Contract and for a period of one year after termination of this Contract, to hold each other’s Confidential Information in confidence.  The parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any other purpose related to this Contract.

Each party agrees to use its reasonable endeavours to ensure that Confidential Information is not disclosed or distributed by its employees or agents in breach of the provisions of this Contract.

The Purchaser agrees that any information received pursuant to this Contract shall be deemed subject to the non-disclosure obligations set forth herein.

  1. Data Protection:  Each party agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998 and any subsequent amendments thereto
  2. 25. Insolvency of the Purchaser: This clause applies if:

The Purchaser makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction; or

an encumbrancer takes possession or a receiver is appointed of any of the property or assets of the Purchaser; or

the Purchaser ceases or threatens to cease to carry on business; or
we reasonably apprehend that any of the events mentioned above is about to occur in relation to the Purchaser and we notify the Purchaser accordingly

If this clause applies then without prejudice to any other right or remedy available to us we shall be entitled to cancel the contract.

  1. Force Majeure:  Except for the Purchasers obligations to pay us, neither party shall be liable for any delay or failure to perform its obligations if such failure or delay is due to causes beyond its reasonable control (including any delay caused by an act or default of the other party).
  2. 27. Unenforceable or illegal terms: If any provision of these terms and conditions is held to be unenforceable or illegal, in whole or in part, such provision or part thereof shall to that extent be deemed not to form part of these terms and conditions and the remainder shall not be affected.
  3. 28. Consumer Rights

Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

  1. 29. Disputes: Any dispute between the parties to this contract shall be referred to the exclusive jurisdiction of the English Courts.
  2. 30. Law Applicable: This contract shall in all respects be subject to and construed in accordance with English law.

This Contract does not confer or purport to confer any benefit on any third party.  In particular, rights that would otherwise arise in favour of third parties under the Contracts (Rights of Third Parties) Act 1999 are hereby excluded.