Ray Davey – Independent Research Support Effective: 20 Jan 2026

These Terms apply to all engagements unless otherwise agreed in writing.

1. Nature of Services

Ray Davey provides structured background research and analytical synthesis for legal professionals.

Services are limited to research and structured analysis of defined technical questions.

The services:

Do not constitute legal advice
Do not constitute expert testimony
Do not constitute regulatory compliance review
Do not constitute primary factual investigation
Do not constitute medical, scientific, or professional advice
Do not create an attorney–client, expert witness, fiduciary, or advisory relationship

The Client retains sole responsibility for legal strategy, professional judgment, and use of the work product.

1.1 Nature of Analytical Work

The deliverable constitutes structured synthesis, analysis, and organisation of third-party materials.

It does not constitute independently verified factual findings, original scientific research, or primary investigation.

The work relies on external sources that may themselves contain error, be incomplete, be subject to revision, or later be superseded.

Absolute accuracy cannot be guaranteed.

2. Scope of Engagement

Each engagement is governed by the written Scope Confirmation issued prior to commencement.

The Scope Confirmation defines:

The specific research question
Deliverable format
Page range (estimated)
Turnaround time
Fee
Explicit exclusions

Only the defined question is addressed.

Any additional issues, expansions, updates, monitoring, supplemental analysis, or related matters require separate written agreement.

No ongoing advisory relationship is created unless expressly agreed in writing.

3. No Expert Witness Engagement

The deliverable is not prepared for use as expert testimony.

Ray Davey does not agree to provide:

Expert witness services
Affidavits
Depositions
Court appearances
Trial testimony
Litigation consulting beyond the defined research deliverable

Any request for testimony or expert designation requires separate written agreement and separate fee arrangement.

Nothing in this engagement constitutes consent to be designated as an expert witness.

4. Research Basis and Limitations

Research is conducted using publicly available materials reasonably accessible at the time of preparation, including but not limited to:

Peer-reviewed scientific literature
Public regulatory materials
Reported judicial decisions
Public filings and publicly available expert materials

No independent testing, laboratory analysis, subpoena activity, confidential source investigation, or private database access is conducted unless separately agreed.

Scientific, regulatory, and judicial positions may evolve after delivery.

The work reflects the state of information available at the time of preparation only.

No ongoing monitoring obligation exists unless explicitly agreed in writing.

5. Client Responsibilities

The Client is responsible for:

Conducting any required conflict checks
Verifying factual accuracy relevant to the matter
Independently evaluating all conclusions
Determining admissibility, strategic use, and legal sufficiency

The Client acknowledges that the deliverable is structured background research only.

5.1 Independent Verification

The Client is responsible for independently verifying any factual assertion, citation, or reference prior to reliance in litigation, regulatory submission, negotiation, or other professional use.

The deliverable is intended to assist professional evaluation, not replace independent confirmation appropriate to the matter.

6. Fees and Payment

Fees are fixed as specified in the Scope Confirmation.

Unless otherwise agreed:

50% deposit is required prior to commencement
50% balance is due upon draft delivery
One clarification round within scope is included

Work does not begin until the deposit is received.

Failure to remit final payment may suspend delivery of final revisions.

All fees are exclusive of taxes, transfer charges, or currency conversion costs.

7. Intellectual Property and Licence

Upon full payment, the Client receives a non-exclusive licence to use the deliverable for internal professional purposes related to the specified matter.

The deliverable:

May not be resold
May not be redistributed outside the Client’s matter
May not be published
May not be represented as expert testimony
May not be provided to third parties for reliance without written consent

No third party may rely upon the deliverable.

8. Confidentiality

Information provided by the Client for purposes of the engagement will be treated as confidential, subject to applicable law.

Confidentiality does not apply to:

Information already publicly available
Information independently obtained
Information required to be disclosed by law

The Client is responsible for redacting privileged or sensitive materials prior to submission.

9. No Warranty

All research and analysis are provided “as is.”

No warranty is made regarding:

Completeness of available information
Future regulatory or scientific developments
Litigation outcomes
Court admissibility
Fitness for a particular purpose

The Client acknowledges that professional judgment remains solely their responsibility.

Scientific, regulatory, judicial, and technical information evolves over time.

No representation is made that referenced materials remain current, have not been overturned, modified, or withdrawn, or that subsequent developments will not materially affect conclusions.

The Client acknowledges that honest error, evolving standards, or later-emerging information do not constitute breach of this agreement.

10. Limitation of Liability

To the maximum extent permitted by law:

(a) The total aggregate liability of Ray Davey arising out of or in connection with any engagement, whether in contract, tort (including negligence), equity, statute, or otherwise, shall not exceed the total fees actually paid by the Client for the specific engagement giving rise to the claim.

(b) This limitation applies to all claims arising from the same engagement, whether brought as a single claim or multiple claims.

(c) Ray Davey shall not be liable for any indirect, consequential, incidental, special, exemplary, or punitive loss, including (without limitation) loss of profit, loss of opportunity, reputational harm, or litigation outcome.

(d) The Client acknowledges that the fee charged reflects this allocation of risk and that the Client has had the opportunity to obtain independent advice before entering into the engagement.

(e) Nothing in these Terms limits liability for fraud or any liability that cannot lawfully be excluded under New Zealand law or any other applicable mandatory law.

The Client acknowledges that the fee reflects this allocation of risk.

11. Indemnity

The Client agrees to indemnify and hold harmless Ray Davey against any claim arising from:

Unauthorised third-party reliance
Use of the deliverable beyond scope
Representation of the deliverable as expert testimony

This clause survives termination.

12. Governing Law and Jurisdiction

These Terms and any dispute arising from the engagement are governed by the laws of New Zealand.

The parties submit to the exclusive jurisdiction of the courts of New Zealand.

No other forum shall have jurisdiction unless agreed in writing.

13. Severability

If any provision is found unenforceable, the remainder of these Terms remains in effect.

14. Entire Agreement

The Scope Confirmation and these Terms constitute the entire agreement between the parties.

No modification is valid unless agreed in writing.

Changes to This Policy

This policy may be updated from time to time to reflect changes in how Ray Davey operates or in applicable law. The effective date at the top of this page will be updated accordingly. Material changes will be notified to active clients by email.

This policy was last reviewed 20 Jan 2026.

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Terms & Conditions