Hello,

Thanks for taking the time to read our terms and conditions.

At Darren Evans we’re committed to supporting you wherever you are in the development process.

We always strive to go above and beyond to deliver the best possible customer service.

We want you to be happy with the results as we work together to build a better future that enables everyone to thrive and be the best version of themselves.

Our full terms and conditions are outlined below. If you have any questions, or need anything clarifying, please don’t hesitate to get in touch.

These conditions apply to all services provided by Darren Evans Assessments (the Company, We, Us) and prevail over any conflicting terms and conditions contained in or referred to in the purchase order or in correspondence or elsewhere unless specifically agreed in writing by the company.

These Terms and condition are split as follows:

• General terms and conditions – applies to all work completed by Darren Evans
• SAP and SBEM calculations terms and conditions – conditions specific to those services
• Air testing terms and conditions – conditions specific to air testing services
• Sound testing terms and conditions - conditions specific to sound testing services
• Website terms and conditions

1. All services, training or project of any kind (hereinafter referred to as “the project”) carried out by Darren Evans Assessments Limited (DARREN EVANS) is carried out subject to the following terms and conditions. If any proposal made by DARREN EVANS for the carrying out of the services is accepted by a Client of DARREN EVANS (the Client) then such acceptance shall be deemed to include the acceptance of the following terms to the exclusion of any other terms including conditions, warranties or representations written or oral, expressed or implied, even if contained in any of the Client’s documents which purport to provide that the Clients own or some other terms shall prevail. Any order placed by the Client with DARREN EVANS is accepted on the basis of the following terms and conditions only. 
2. Any quotation by Darren Evans does not constitute an offer and Darren Evans reserves the right to withdraw or revise the same at any time prior to Darren Evans acceptance of the Client’s order. Any price given in any quotation is subject to the Client supplying all recovery components, information, data, drawings, equipment or instruments to enable Darren Evans to proceed with the project forthwith; if the Client does not, Darren Evans reserve the right to increase the price to reflect any increase in cost resulting from the delay or additional work required as a result. 
3. All plans supplied by the Client in connection with the carrying out of the project will be retained or disposed of by Darren Evans and will not be returned to the Client. 
4. The Client and Darren Evans shall each nominate a company contact. The project will be conducted by the company contact in accordance with the contract agreed with the Client. Terms of the contract can only be varied by written agreement signed by both the Client and Darren Evans. Any purported variation of the contract which is not in writing and signed by a Director shall be of no effect. 
5. In the case of a project sponsored by two or more Clients the function of the company contact as described in paragraph 4 above will be carried out by a Project Coordinator to which Darren Evans and each of the Clients will elect a representative. 
6. Unless otherwise stated in the offer, the prices quoted are approximate and are given for guidance purposes only. Darren Evans will endeavour to work within the authorised financial limit but reserves the right to make charges based on the actual cost of the project. If at any time it becomes clear that the project cannot be completed within the authorised financial limit Darren Evans will notify the Client and limit expenditure to the authorised amount pending further instructions from the Client. In the event of the suspension of the project by the Client’s instructions, or lack of instructions, any extra expense thereby incurred will be charged to the Client. 
7. The price quoted or accepted by Darren Evans shall, unless expressly specified, be deemed to be exclusive of all duties and taxes in respect of the project and exclusive of any export and/or import duties on any goods involved in the project, all of which duties and taxes shall be paid by the Client. 
8. The terms and date of payment is met in accordance with the terms stated in Darren Evans invoice unless otherwise expressly agreed in writing. The terms are either; payment shall be made in full prior to commencement of the project OR payment shall be made in full without any deductions or set-off within 30 days of the date of the invoice. In the case of a Client resident outside the United Kingdom, payment will, if so required by Darren Evans, be made by confirmed irrevocable letter of credit issued by a Bank acceptable to Darren Evans (all charges for the Client’s account). The Client shall pay interest at the rate of 6% (six percent) per annum above the base lending rate of Lloyds Bank, calculated on a day to day basis on each invoice from the due date of payment until the actual date of payment. 
9. In the event of non-payment of any invoice beyond 30 days of the due date we reserve the right to levy reasonable debt recovery costs. In the event that it is alleged that the compensation or calculation of any invoice is incorrect, or otherwise requires clarification then the addressee must notify Darren Evans Assessments in WRITING, 7 DAYS BEFORE THE DUE DATE, of all and any such allegations. In the absence of such notification, the invoice will become payable on the DUE DATE. Darren Evans Assessments will not in any event acknowledge liability for any such difference or dispute. 
10. If, by reason of any rise or fall in the cost of materials, fuel, power, overheads, equipment, labour or transport, or of confirming to any Act of Parliament or any order, regulation, or bye-law made with statutory authority by Government Departments or by local , or other authorities after the date of quotation the cost to Darren Evans of performing its obligations under the contract shall be increased or reduced, then a fair and reasonable estimate of the amount of such increase or reduction shall be added to or deducted from the contract price as the case may be, provided that no account shall be taken of any amount by which any cost incurred by Darren Evans has been incurred by Darren Evans default or negligence. 
11. Where the period for the carrying out of the contract is to exceed, or is likely to exceed, TWO (2) months Darren Evans shall be entitled to interim payments from the Client, which payment shall be on account of the price quoted or accepted by Darren Evans. 
12. Where the Client requires Darren Evans to carry out work or provide services in addition to those agreed between the Client and Darren Evans such additional work and services shall be supplied  to the Client in accordance with these terms and conditions at the current price ruling at the date at which the additional work or services are agreed. 
13. All times for completion of the project stated in the contract are approximate only and are given without commitment. Subject to the foregoing, Darren Evans shall use reasonable endeavours to effect performance by the stipulated time or, if no such time is stipulated, within a reasonable time. Darren Evans shall be under no liability for any loss or damage whatsoever arising directly or indirectly out of delay in or lateness of performance, whether due to the fault of Darren Evans or not, nor shall such delay or lateness be a breach or repudiation of the contract. 
14. Darren Evans shall be entitled, without liability on its part and without prejudice to its other rights, to determine the contract or any unfulfilled part thereof, or at its option to effect partial performance, if performance is prevented, hindered or delayed, whether directly or indirectly, by reason of war, civil commotion, government restrictions, lock-outs, strike, mutiny, fire, flood, ice, transport difficulties, Pandemics, accidents or stoppage to works, non or restricted availability or late delivery of fuel, power, or raw materials, difficulties with or non-performance by any supplier or sub- contractor or any other cause whatsoever beyond the reasonable control of Darren Evans, whether such cause existed or was foreseeable at the date of the contract or not. 
15. Except as herein provided, it is expressly agreed that no representation, condition or warranty, expressed or implied, statutory or otherwise is given or deemed to be given by Darren Evans in respect of the work carried out for the Client. 
16. All descriptions, drawings, illustrations, particulars of weights and measures, ratings, standards, performance figures, specifications or other descriptive matter given at the Project Proposal stage, verbally or in writing, whether or not contained in a contract document, are approximate only, are given without responsibility and shall not form part of the description of the project, goods or services. Further, the content of any catalogues, price lists, advertisements, or other published matter are intended to present a general idea of Darren Evans services and none shall form a part of the contract or be considered a collateral warranty or a representation inducing the same. 
17. The final product of any work developed or arising in the course of the carrying out of any work or other project for the Client shall remain the property of Darren Evans until the full performance or satisfaction of the obligations of the Client hereunder, whereupon the same shall become the property of the Client. The Client shall, except with the prior written consent of Darren Evans until such time hold the same confidential and shall not divulge the same to, or use the same for the benefit of, any other person. 
18.  Notwithstanding his rights under paragraph 17 the Client shall not in any publication or publicity materials at any time make use of any report or statement issued by Darren Evans, nor any extract therefrom, nor refer to the fact that any product or process has been the subject of a contract with Darren Evans in any publication or publicity material without the express written permission of a Director of Darren Evans, unless legislation requires Darren Evans to provide the report for public inspection. If permission is required such permission shall not be unreasonably withheld by any Director of Darren Evans. 
19. Subject to paragraph 20 below, all patents, trade- marks or registered designs resulting from the final product of the work referred to in paragraph 17 above shall be the property of Darren Evans unless otherwise agreed in writing between Darren Evans and the Client. In the event of the Client having some right to the patents, trade-marks, or registered designs as referred to above, Darren Evans will thereupon at the request and cost of the Client take or concur in all such reasonable action as the Client may request for the purpose of obtaining any such patents, trade-marks, or registered designs. 
20. In the case of a project sponsored by two or more Clients, any such patents, trade- marks, or registered designs as referred to in paragraph 19 above shall be vested in Darren Evans. 
21. In the case of work being carried out at the clients’ property, Darren Evans undertakes to take all reasonable care and attention whilst on the premise, whilst all associated risk remain the responsibility of the client with regard to all risks and associated costs. The Client gives full and unrestricted permission to Darren Evans and any sub-contractor for the purpose of data collection and required testing. Darren Evans reserves the right to refuse to continue with the contract if it deems the property unsafe for its Employees, agents or representatives to enter, a cancellation charge would still be payable by the Client to Darren Evans. 
22. In the case of a project sponsored by two or more Clients the obligations of such Clients to Darren Evans shall be joint and several and the provisions of these terms and conditions shall apply thereto, allowing for any necessary changes, and in particular Darren Evans shall have the rights set forth in paragraph 17 to 20 upon the occurrence of any event described therein with respect to one only of such Clients. 
23. TerminationPostponement by the Client: The Client may terminate the contract at any time by giving Darren Evans written notice. For projects carried out at Darren Evans own office, Darren Evans will then invoice the Client for all unpaid work and expenses incurred or 30% of the value of the project, whichever is greater. Where the work is to be carried out at the Client’s site there will be a 5% cancellation charge of the value of the project. 
24. Termination by Darren Evans: Darren Evans will be entitled to terminate the contract at any time with good reason including: a. If any matter prevents Darren Evans from acting on the Client’s behalf, including a conflict of interest b. If the Client does not settle Darren Evans invoices in accordance with the agreed terms.
25. These standard terms and conditions cannot be varied without the written consent of a Director of Darren Evans. 
26. Unless the Client notifies Darren Evans to the contrary, by instructing Darren Evans the Client agrees that communication may be made by email. Email is not a confidential means of communication: by using it to communicate with Darren Evans and by allowing Darren Evans to use it to communicate with the Client, the Client accepts the risk that the contents of such communications may become known to others. 
27. Darren Evans undertakes that personal data: a. will be dealt with in accordance with the Data Protection Act 2018 or similar legislation b. will only be processed for the purpose of providing email, phone or post information relating to Darren Evans services and developments, technology, news or events that Darren Evans consider may be of interest to the Client. The Client may ask Darren Evans to amend, correct or update personal data held about the Client which will be done within a reasonable amount of time. 
28. In the event that any of the provisions of this contract are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this contract. 
29. Except in the case of death or personal injury caused by Darren Evans negligence, Darren Evans liability under or in connection with this agreement whether arising in contract or negligence, breach of statutory duty or otherwise, shall not exceed the sum of £1,000,000 (one million pounds sterling). 
30. Neither party shall be liable to the other in contract, taught, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or being suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. 
31. The terms and conditions and the contract between Darren Evans and the Client shall be covered by and construed in all respects in accordance with the laws of England. All disputes or differences which shall at any time hereafter arise between the parties touching or concerning the contract as the rights, duties or liabilities of the parties shall be determined by the High Court of Justice in England. 

1. The above quotation assumes that all plans, sections and elevations will be available in dwg format and full project details will be made available. If this is not the case please contact us as to the format the plans are available in.
2. We will not start the project until we have an authorised signature on this estimate confirming that the terms and conditions are agreeable.
3. The estimate includes consultative work to suggest ways in which calculation(s) might be brought in line with the requirements of Part L. Darren Evans Assessments Ltd reserves the right to cease this consultation process or charge additional fees for this work should the advice and support required becomes protracted. At which point the above estimate will be payable in full along with any additional fees agreed for continued consultation. Where different options studies are required to determine the best route to building regulations compliance then a separate agreement will put in place to cover additional scenarios.
4. For SAP and SBEM, invoices for the full amount will be raised after completion of the design stage calculations (unless a sperate agreement has been made with us prior to completing the calculations). This, therefore, includes the cost of the EPC. There will be no further charges when the EPC is issued on completion of the property.
5. Calculations will be issued in draft format upon their completion. Where a SAP/SBEM calculation is being carried out an ‘Input Summary’ of the input data incorporated within the calculation will also be issued to review. The invoice for the work completed will be issued upon completion of this draft of the work. Following the customer signing and returning the projects SAP/SBEM Input Summary, the calculations will be issued in a finished format ready for submission.
6. Any work / amendments requested after the receipt of the signed SAP/SBEM Input Summary document or after a solution has been agreed, will be chargeable in addition to this estimate and agreed separately.
7. We will not be sending out calculation or assessment files. These remain the property of Darren Evans Assessments Ltd.

1. Our works are considered to be consultancy and testing work and do not form any part of a standard sub-contract arrangement. Our works are exempt from the CIS scheme. Retentions are also specifically excluded as our works are considered to be consultancy works and testing.
2. The quote outlines the number of site visits estimated. Generally, we can carry out up to 6 tests per day (across domestic dwellings on one site taking a maximum time of 1 hour 30 mins per test) unless otherwise specified. Any additional time requested on site (up to a total of 2 hrs working on a single test) to enable a test to achieve a targeted score will incur an additional fee of £50. The number of non-domestic air tests possible to complete in a day are project specific.
3. Our testing package includes: * Liaising with construction team where deviation from target pressure test and comments as to why * Preparation of the unit for testing, tape up/seal necessary elements in accordance with ATTMA regulation * Within the same testing day, all reasonable effort is made to assist the site manager to ensure a ‘pass result’ * A schedule of testing can be produced based on detail provided * Direct communication with SAP assessor where necessary to assess flexibility for compliance within the ‘As Built’ specification. This is to prevent repeat tests wherever possible (where SAPs completed by Darren Evans Assessments) * Envelope Area Calculation.
4. Cost includes: * An ATTMA compliance certificate will be provided following lodgement, for Building Control and client use. * Main failure points described in report * Failure investigation with verbal feedback * Travel to site unless otherwise specified. Not Included: * Re-test charge (should initial test fail) is as per original test cost if revisit required * Re-lodgement charges.
5. Site Requirements: * Parking on site and site access is provided * You must ensure that 240V uninterrupted mains power is available within 5 metres of the test site * Plots are prepared for testing; fully sealed etc (as set out in the Air test checklist).
6. The quotation allows for carrying out the test during normal site hours of 08:00-17:00, Monday to Friday, except bank holidays. If our engineers are required on site before or after these hours, an additional charge will apply to the quoted fee as will attendance at any time on a Saturday or Sunday.
7. Test date bookings must be confirmed in writing. We will endeavour to accommodate short- notice bookings wherever possible, subject to engineer availability, however generally we will require at least 7 working days’ notice. During busy periods, more notice than this may be necessary.
8. Customer cancellations less than 48 hours before an agreed test date will be subject to a 75% cancellation fee. Cancellations while on route to site or after arrival shall incur a 100% fee.
9. Re-tests are charged at 100% of the original price.
10. We require the maximum allowable air leakage as stated within your specification or under your SAP rating at least 2 days prior to the test date. If we do not receive the value prior to the test date, we reserve the right to base the test on the maximum allowable figure of 10m3/hr/[email protected] Pa for residential dwellings and 15m3/hr/[email protected] Pa for non-domestic properties.
11. Any test schedules agreed to and / or outlined in this quotation are strictly proposals. It is the responsibility of the client to ensure that their order meets with the approval of the relevant Building Control Body.
12. Unless previously agreed in writing, test reports and certificates will only be released on receipt of full payment.
13. Whilst we use due diligence and quality management in our efforts to produce reports and certificates without mistakes, we will not accept any responsibility for any costs associated with actions taken by the client for any reason based on information contained in tests reports or certificates.
14. Whilst every reasonable care is taken to avoid damage during the testing process, we are unable to accept any responsibility for damage caused to finishes or paintwork during the sealing or testing process, however caused.
15. We require a parking space for a transit van type vehicle within 10 metres of the test location on site. If you are unable to provide a parking space, parking charges including any fines incurred will be chargeable.
16. If we are unable to complete the testing scheduled, due to our being delayed by site conditions, personnel or failure of a formal test, additional costs may be incurred.
17. Prior to the test being carried out we will issue a checklist of items to be completed prior to our arrival on site. (This list will include areas where properties are particularly prone to leakage which must be adequately sealed) If upon arrival on site this list has been signed but not completed, we reserve the right to abort the test and leave the site. In this event the full test fee will be payable.
18. We cannot accept any responsibility for any costs that may be incurred by the client due to our being unable to attend site on an agreed test / survey date or time due to reasons beyond our control, including but not limited to: Weather conditions, traffic delays and vehicle or test equipment breakdowns.
19. We cannot accept any responsibility for any costs that may be incurred by the client due to our being unable to carry out a test due to equipment breakdown or damage or adverse weather conditions preventing a valid test in accordance with industry and regulatory standards.
20. In the absence of written confirmation of acceptance, once we have visited site to undertake our works, you are deemed to have fully accepted our terms and conditions. 21. Unless otherwise agreed in writing, you are responsible for ensuring that a test doorway for properties of no larger than 1000mm x 2100mm and no smaller than 800mm x 1800mm is available for the installation of our test equipment.
21.  

1. Our works are considered to be consultancy and testing work and do not form any part of a standard sub-contract arrangement. Our works are exempt from the CIS scheme. Retentions are also specifically excluded as our works are considered to be consultancy works and testing.
2. The quote outlines the number of site visits estimated. Please note that all fees quoted for sound testing include all expenses, accredited certification, travel and equipment costs. The fees quoted do not include for re-testing should there be any failures. A separate fee should be agreed for such works.
3. The above quotation allows for carrying out the test during normal site hours of 08:00- 17:00, Monday to Friday. If our operatives are required on site before or after these hours, an additional charge will apply to the quoted fee as will attendance at any time on a Saturday or Sunday. Bank Holidays will be subject to staff availability and also carry an additional charge.
4. Test date bookings must be confirmed in writing. We will endeavour to accommodate short- notice bookings wherever possible, subject to staff availability, however generally we will require at least 7 working days’ notice. During busy periods, more notice than this may be necessary.
5. Cancellations less than 48 hours before an agreed test date will be subject to a 75% cancellation fee. Cancellations while on route to site or after arrival shall incur a 100% fee.
6. Retests are charged at 100% of the original price, if they are not able to be carried out on th e same day.
7. We must have the required Sound Insulation data for the partition (if different to the requirements of Part E of the Building Regulations), at least 2 days prior to the test date
8. Our testing package includes: * Liaising with construction team where deviation from target and comments as to why * Within the same testing day, all reasonable effort is made to assist the site manager to ensure a ‘pass result’ * Following our final visit to site, PDF copies of a report providing the test certificates in accordance with BS EN ISO 16283- 1:2014+A1:2017 and BS EN ISO 717:2013 will be provided.
9. Cost Includes: * A SITMA compliance certificate will be provided following lodgement, for Building Control and client use * Main failure points described in report * Failure investigation with verbal feedback * Travel to site unless otherwise specified. Not included: * Re-test charge (should initial test fail) is as per original test cost if revisit required * Re-lodgement charges. * Hard copies of the sound test report and certification can be provided for £75.00 exclusive of VAT. This is to cover the printing, packing and postage costs.
10. Site requirements: * You must ensure that 240V uninterrupted mains power is available within 5 metres of the test site. Please note that generators are unsuitable, unless of the large, “whole site” type. * Quiet conditions will be required, with no work at all near the rooms in question. Site staff should be informed of the noise test programme and be prepared to leave punctually as required. External noisy activity within control of the site manager should be stopped. We should also be informed of any other noisy activity likely to be occurring on the test day (e.g. road works). The tests are likely to last for several hours, depending on the number of tests involved. * Floor coverings must not be laid for the test. * Plots are prepared for testing as set out in the Sound test checklist.
11. Any test schedules agreed to and / or outlined in this quotation are strictly proposals. It is the responsibility of the client to ensure that their order meets with the approval of the relevant Building Control Body.
12. Unless previously agreed in writing, test reports and certificates will only be released on receipt of full payment.
13. We will not accept any Contra Charges or LADs for any amount greater than the total value of our works.
14. Whilst we use due diligence and quality management in our efforts to produce reports and certificates without mistakes, we will not accept any responsibility for any costs associated with actions taken by the client for any reason based on information contained in tests reports or certificates.
15. Whilst every reasonable care is taken to avoid damage during the testing process, we are unable to accept any responsibility for damage caused to finishes or paintwork during the sealing or testing process, howsoever caused.
16. We require a parking space for a transit van type vehicle within 10 metres of the test location on site. If you are unable to provide a parking space, parking charges including any fines incurred will be chargeable.
17. If we are unable to complete the testing scheduled, due to our being delayed by site conditions, personnel or failure of a formal test, additional costs may be incurred.
18. Sound testing prior to the test(s) being carried out we will issue a checklist of items to be completed prior to our arrival on site. If upon arrival on site this list has been signed but not completed, we reserve the right to abort the test and leave the site. In this event the full test fee will be payable.
19. We cannot accept any responsibility for any costs that may be incurred by the client due to our being unable to attend site on an agreed test / survey date or time due to reasons beyond our control, including but not limited to: Weather conditions, traffic delays and vehicle or test equipment breakdowns.
20. We cannot accept any responsibility for any costs that may be incurred by the client due to our being unable to carry out a test due to equipment breakdown or damage or adverse weather conditions preventing a valid test in accordance with industry and regulatory standards.
21. In the absence of written confirmation of acceptance, once we have visited site to undertake our works, you are deemed to have fully accepted our terms and conditions.
22. In the event of difficulties with access, power failure or any other site issues occurring, which prevent the completion of the required number of tests within each visit: an additional visit to site may be required: this would incur additional costs and require prior agreement with you as our client on order to progress.
23.  

Please refer to your quote or invoice for detailed information about our payment terms.

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• By email: [email protected]
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• By mail: Darren Evans, 1 Russell Mews, High Street, Chipping Sodbury, BS37 6BJ