Information

Terms of Business

Last updated 03-04-2024

1. General terms

  • 1. References in these conditions to ‘DanTheGas’, ‘I’, ‘my’ and ‘myself’ are references to Daniel Mitchell (Sole Trader) or Baldock, Herts. References to the ‘customer’ and ‘you’ are references to the person who requests work to be undertaken and to whom a quotation, invoice or job voucher may be addressed to. This person and/or business will be the account holder.
  • 2. These terms and conditions (‘terms’) tell you how I will provide products and services to you, how you may end the contract, what to do if there is a problem and other important information. Please read these terms carefully before placing any order or requesting works to be undertaken by myself. By placing an order or requesting works, you agree to be bound by these terms.
  • 3. Once you place your order (by telephoning or by submitting an order online via this website or making a request by email), and once your order is agreed by myself, a contract between you and me will be formed and that contract will be subject to these terms (‘contract’) whereby an account will be created for you if it does not already exist.
  • 4. I reserve the right to adjust, amend and alter these terms at any time, without notice. Should terms be modified, the terms being publicly published at the time of any works being requested by the client shall be considered as the bonding contract terms [1.3].
  • 5. I reserve the right to decline any request for work or order at my discretion and I reserve the right to not provide reasoning behind any such decision.
  • 6. I reserve the right to cancel or refuse to complete work, should I find that, on arrival at the property, that it is not possible to carry out the work, which has been quoted for and/or requested. This decision is entirely at my discretion.
  • 7. The customer warrants that the information they provide during the request for work is true and accurate. If I find any inaccuracies in the information provided by you, then I reserve the right to charge additional fees and/or apply reasonable adjustments to the work being requested of me for the works and/or to cancel the contract between you and me.
  • 8. You may cancel any request for work up-to 1 working day before the planned works are to be undertaken without penalty, except where materials have been ordered or a quotation requiring deposit has been issued and accepted.
    • a. In the event that you cancel booked in works with more than 2 working days notice and where materials have been ordered or a deposit has been paid, you agree to pay for any restocking or return carriage charges that I incur along with a 10% handling fee of the deposit - Your remaining deposit value will be returned within 90 days of you completing and submitting the deposit return request form.
    • b. Where you cancel planned in works where I have not been afforded 2 working days notice and a quotation was issued with a deposit, you agree to forfeit the deposit value to cover my costs and inconvenience. Where no deposit was issued, you accept liability for covering a charge of 50% of the estimated allocated labour cost to a maximum value of £200.
  • 9. You agree to make available a suitable place to park my vehicle(s) and/or provide me with a permit to cover the cost of parking said vehicle(s) for the duration of the works being requested of myself. Any costs associated with parking my vehicle(s) to undertake your request of work will be added to your final invoice (Including any parking penalty charges that I may receive). I reserve the whole right to judge what constitutes a suitable place to park which will be based on materials/tooling required for the works along with the security of my vehicle, size of space and distance between property and parking location.
  • 10. The contract is subject to availability of appliance(s), equipment and other materials. Where necessary I will offer a suitable alternative, if available, which will be subject to your acceptance.
  • 11. The customer shall afford myself and any person working on behalf of myself that the property being worked in shall be a safe working environment, free from harassment, aggression or abuse. I reserve the right to refuse to work in any environment that I or anyone working with or for me deem to contain unnecessary risk.
  • 12. Where required at the time of works, the customer shall permit access to and use of toilet and washing facilities as well as access to a potable water supply. Where this is not possible, the customer shall inform myself prior to engaging my services.
  • 13. In the event that I attend a property at an agreed time and are unable to complete the work requested through no fault of my own, a minimum charge of £40 will become payable and be added to any intended costs along with clause [1.9].

2. Price

  • 1. Any price or prices offered verbally shall be considered as an estimate and be non-binding. Where I offer you a written document with the wording "Quotation" and a valid quotation number, the quotation shall remain at the specified fixed value for the period of validity (But no more than clause [2.4] of these terms) and include all works and materials at the detailed cost and specification. On acceptance of a written quotation, you agree to pay the full amount, without question on completion of the works by myself to the standard agreed within the quotation or to the standard which I deem appropriate where unspecified. Once issued, I reserve the right to withdraw any quotation when a legitimate reason exists.
  • 2. Any price offered will include VAT unless specifically stated. The current VAT rate can be found at https://www.gov.uk/vat-rates and will be paid at source to any price being invoiced. I am not VAT registered.
  • 3. I will have made an allowance in any prices offered for removing any redundant materials from your property associated with the work being undertaken. Should you wish to keep any material(s), for example the copper cylinder, I may need to make an adjustment to the price originally offered.
  • 4. Any price or price quoted will be valid for 28 days from the date of quotation and are strictly subject to the works being ordered for completion within 90 days of the quotation date. This clause does not apply to special offers which will be subject to variable closing dates, full details of which will be detailed in the offer. Prices are otherwise subject to variation from time to time.
  • 5. Prices offered are not transferrable between clients and may vary unless fixed in writing prior to works acceptance.

3. Payment

  • 1. Any balances are payable on presentation of your invoice which will usually be within 14 days of works completion.
  • 2. You must pay all amounts due to myself (including any deposits) in accordance with any invoice, quotation or supplementary instruction(s) provided. Should you wish to dispute an amount being requested by myself, you must inform me in writing as soon as possible and no later than 30 days after receipt, otherwise the full amount will be due without further consideration.
  • 3. Title to goods will not pass to you until I receive payment for the goods in full and funds have cleared. If you do not pay all amounts due to myself in accordance with the quotation or invoice, I may require you, upon reasonable notice to return and deliver my goods back to me. Failing which, I shall take legal proceedings to recover the goods or their equivalent monetary value.
  • 4. If you enter into a finance or repayment agreement, you must ensure you meet the payment terms set out in that agreement.
  • 5. If you do not make sufficient payment due to me by the due date for payment, I may charge interest to you on the overdue amount at the rate of 3% a year above the Bank of England base rate. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay any interest together with any overdue amount.
  • 6. Where an amount remains outstanding for longer than 90 days, you agree for me to pass your details and what we consider to be the outstanding debt along with any accrued interest and a processing fee (£90 for debts under £500, £315 for debts above £3,000 and £195 for debts of £500 to £3,000) to a debt recovery agent for resolution.

4. Warranty

  • 1. I will provide a limited 12 month warranty for supplied materials and any labour provided from the date of supply/work completion subject to clause [3.2] and inline with the restrictions provided in clause [4.3].
  • 2. Some materials may be provided with an extended "manufacturer" warranty (Such as boilers). These warranty offerings will be subject to the manufacturer conditions and are offered on behalf of alternative providers. I am not liable for the management of or provision of warranty offerings from the date of supply/work completion.
  • 3. Warranty shall not be offered (And in some cases considered to be void) in respect of:
    • a. Any bleeding of systems, radiators or clearing of airlocks.
    • b. Any topping up or adjustment of system/boiler pressure.
    • c. Any adjustment to user controls, including, but not being limited to; clocks, thermostats, setting dials, power switches, plugs or any device, button or knob that is designed for end user operation and/or adjustment.
    • d. Damages or disruptions caused by incorrect user operation or interference of a product or associated component(s) by a person or party that has not been authorised by me.
    • e. Any repair to a system or appliance which is in excess of 7 years old.
    • f. For noises, smells or other sensory abnormalities.
    • g. Any issues or defects that arise from failure to accept any advice or recommendations offered by myself.
    • h. Any issues or defects that arise from failures within any third party designed, installed or existing fixtures, fittings, products or systems.
    • i. Blockages or restrictions in pipework and/or ancillary items by scale or sludge.

5. Exclusions

  • 1. Without prejudice I will not accept any liability for damages to any décor or building fabric incurred as a result of the works being requested of myself. I do not offer and will not include the making good or second fixing of any built product as a result of undertaking the work requested of myself; to include but not be limited to; fitment of floor coverings, filling/sanding/painting of walls or surfaces, boxing in or sealing of edges.
  • 2. Where compensation is owed for any reason, it shall not exceed more than the value of twice the labour rate having being applied to the works.
  • 3. Without prejudice, I shall not provide financial compensation for missed appointments, incorrect parts or appliances/systems that fail to operate for any reason.
  • 4. I will not accept liability or provide the repair of any electronic component or appliance which fails to restart/recover after the interruption of a power supply. This includes but is not limited to white goods, computing equipment and or circuit boards within associated "worked on " kit.

Privacy & Data Protection

Last updated 03-04-2024

1. This website

  • 1. This website utilises several forms of technology which may inadvertantly provide the operator the ability to track user actions. Any tracking technologies deployed are done so only for the purpose of providing the service and increasing the user experience. Tracking is not monitored or tied to user-personal data.
  • 2. This website utilises additional providers which have their own data processing rules, these rules are regularly checked by the operator of this website to ensure compatibility with these terms, but there may be temporary times where provider terms do not comply with this policy in the event that a provider updates their terms before the opertor of this website can confirm changes here. The operator here shall do their utmost best to ensure all suppliers comply with this policy.
  • 3. Users of this website are not required to provide any personally identifiable data unless they wish to purchase a service.
  • 4. Use of the "tools" and resources section is done so annonynmously and data inputted may only be shared for ongoing verification of the tools accuracy.
  • 5. Users of this website who are concerned about privacy should disable all cookies and feel free to use an anonymising service; this site will function without any tracking data as it is not required and not utilised for any other purpose than user experience.

2. Appointments and bookings

  • 1. Collected personally identifiable data will not be held for a period exceeding 5 years from last use except where legally bound to hold for longer periods where the data will be held for the legally bonded holding period and no more.
  • 2. The type of data being collected will vary on the works being requested but will be kept relevant and only used for the purpose of undertaking the service being requested. Such information may include:
    • a. Name, contact number(s) and/or email addresses.
    • b. Addresses and additional records for people providing access.
    • c. Details of appliances or metering kit, incl serial numbers.
    • d. Banking providers and card details for payment processing.
  • 3. Data collected through appointments and bookings will only be held for a period considered to be reasonable and required for completion of works and keeping the service offering suitable, data will be sunsetted when it is no longer required or where data has not been accessed and exceeds the period in clause [2.1].
  • 4. Any and all personal data collected will be stored and transferred in secure environments that are suitably encrypted with password and device identification restrictions. IT equipment holding personal data will be kept up to date and patched with the latest known manufacturer updates.
  • 5. Personal data will never be shared except under the following clauses:
    • a. To a manufacturer for the purpose of providing warranty offering/registration.
    • b. To building control or Gas Safe Register for compliance with current legislation and rules of their registration in relation to owning or operating gas appliances.
    • c. To Cadent or the gas transporter for dealing with and handling dangerous or unsafe situations.
    • d. To any legal body, including HMRC, upon official request with a justified reason.
    • e. To persons within or associated with myself for the sole purpose of completing works or where a justified reason may exist (Ie; providing a service visit on my behalf like when I am on holiday)
  • 6. Personal data is never printed or stored in hardcopy.
  • 7. Digital media of installations, products or setups may be taken within client premises, great care is taken to ensure no personal data will be included in such media. Where personal data is identified on review (post completion of works); media will be destroyed immediately or cropped of any personally identifiable data. Anonymised media may be used for promotional purposes.

3. Data surrounding smart products

  • 1. "Smart thermstats" and "smart controls" that have an account will be setup with their associated platform using a unique account which is only accessible by myself. This, by default gives me access to the account on a perpetual basis. Once you have been invited onto the account, you may remove my access account at anytime without penalty.
  • 2. Where possible, I will remove the account within 3 weeks of installation, however this is not always possible and accounts will remain live despite me no longer having access due to passcode timeouts (I don't save the passcode for the account).
  • 3. "Smart boilers" such as the Viessmann Vitodens will provide ongoing feedback of the appliance condition and status to allow me to monitor and improve the methods of installation offered. If you wish to disable or for me to remove the feature, please contact me as this feature is installed by default during commissioning.

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5. Removal, correction or identification of data

  • 1. Any person who believes I hold personal data of theirs may contact me to make a data enquiry and request that data be revealed, updated or removed at anytime. I will comply with any legitimate request where legally permitted to do so within 2 weeks of the request being submitted.
Contact me if you have a question before booking.
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