1. General information
2. Collection of personal data
You will be informed prior to any collection of personal data when you use the Website or our Services. We do not collect personal data about visitors to this Website unless provided voluntarily. The personal data collected via the Website may include your name and email address and similar contact information as well as other data relevant for the use of our Services. We will not use your personal data for marketing purposes without your express prior consent hereto.
3. Use of your personal data
We collect your personal data for the purpose of providing you with our Services and to accommodate your requests or inquiries. E.g. if you send email inquiries to ALGI, your personal information, including your email address, will be used only for the purpose of responding to your inquiry. Furthermore, we collect your personal data in order to conduct statistical analysis pertaining to the use of the Website. These statistics are used to better serve our customers. ALGI is a global company and personal data collected by ALGI through this Website may be transferred among our various divisions and regional offices around the world. By submitting data on this Website, you consent to such transfer. ALGI will not transfer your personal data to any third party outside ALGI without the collection of your express prior consent hereto unless obligated to do so under applicable law.
ALGI may use information storage (commonly known as cookies) to allow you to use our site more easily and to allow us to keep track of certain statistical information that helps us improve our site. Our cookies do not contain personally identifiable data. Most browsers are initially set to accept cookies. If you wish, you may instruct your internet browser to prevent cookies from being used and to delete existing cookies. However, please note that the high quality of our Website may be reduced as a consequence hereof. Please refer to the help guide for your browser for further guidance.
ALGI takes all appropriate organizational and technical security measures to protect your personal data and has thus, implemented necessary security measures in order to safeguard your data.
(a) Unless otherwise agreed in writing or except where they are at variance with (i) the regulations governing services performed on behalf of governments, government bodies or any other public entity or (ii) the mandatory provisions of local law, all offers or services and all resulting contractual relationship(s) between ALGI (the Company”) and any of our Clients shall be governed by these general conditions of service (hereinafter the “General Conditions”).
(b) The Company may perform services for persons or entities (private, public or governmental) issuing instructions (hereinafter, the “Client”).
(c) Unless the Company receives prior written instructions to the contrary from Client, no other party is entitled to give instructions, particularly on the scope of the services or the delivery of reports or certificates resulting therefrom (the “Reports of Findings”). Client hereby irrevocably authorises the Company to deliver Reports of Findings to a third party where so instructed by Client or, at its discretion, where it implicitly follows from circumstances, trade custom, usage or practice.
8. Provision of Services
(a) The Company will provide services using reasonable care and skill and in accordance with Client’s specific instructions as confirmed by the Company or, in the absence of such instructions: 1. the terms of any standard order form or standard specification sheet of the Company; and/or 2. any relevant trade custom, usage or practice; and/or 3. such methods as the Company shall consider appropriate on technical, operational and/or financial grounds.
(b) Information stated in Reports of Findings is derived from the results of inspection procedures carried out in accordance with the instructions of Client, and/or our assessment of such results on the basis of any technical standards, trade custom or practice, or other circumstances which should in our professional opinion be taken into account.
(c) The Company may delegate the performance of all or part of the services to an agent or subcontractor and Client authorizes Company to disclose all information necessary for such performance to the agent or subcontractor.
(d) Should Company receive documents reflecting engagements contracted between Client and third parties or third party documents, such as copies of sale contracts, letters of credit, bills of lading, etc., they are considered to be for information only, and do not extend or restrict the scope of the services or the obligations accepted by the Company.(h) Client acknowledges that the Company, by providing the services, neither takes the place of Client or any third party, nor releases them from any of their obligations, nor otherwise assumes, abridges, abrogates or undertakes to discharge any duty of Client to any third party or that of any third party to Client.
9. Obligations of Clients The Client will:
(a) ensure that sufficient information, instructions and documents are given in due time (and, in any event not later than 48 hours prior to the desired intervention) to enable the required services to be performed;
(b) procure all necessary access for the Company’s representatives to the premises where the services are to be performed and take all necessary steps to eliminate or remedy any obstacles to, or interruptions in, the performance of the services;
(c) ensure that all necessary measures are taken for safety and security of working conditions, sites and installations during the performance of services and will not rely, in this respect, on the Company’s advice whether required or not; (e) inform Company in advance of any known hazards or dangers, actual or potential, associated with any order, for example, presence or risk of radiation, toxic or noxious or explosive elements or materials, environmental pollution or poisons; (f) Fully exercise all its rights and discharge all its liabilities under any relevant sales or other contract with a third party and at law.
(a) Limitation of Liability: 1. The Company is neither an insurer nor a guarantor and disclaims all liability in such capacity. Clients seeking a guarantee against loss or damage should obtain appropriate insurance. 2. Reports of Findings are issued on the basis of information, documents and/or samples provided by, or on behalf of, Client and solely for the benefit of Client who is responsible for acting as it sees fit on the basis of such Reports of Findings. Neither the Company nor any of its officers, employees, agents or subcontractors shall be liable to Client nor any third party for any actions taken or not taken on the basis of such Reports of Findings nor for any incorrect results arising from unclear, erroneous, incomplete, misleading or false information provided to the Company. 3. The Company shall not be liable for any delayed, partial or total non-performance of the services arising directly or indirectly from any event outside the Company’s control including failure by Client to comply with any of its obligations hereunder. 4. The liability of the Company in respect of any claim for loss, damage or expense of any nature and howsoever arising shall in no circumstances exceed a total aggregate sum equal to 10 times the amount of the fee paid in respect of the specific service which gives rise to such claim or US$20,000 (or its equivalent in local currency), whichever is the lesser. 5. The Company shall have no liability for any indirect or consequential loss including without limitation loss of profits, loss of business, loss of opportunity, loss of goodwill and cost of product recall. It shall further have no liability for any loss, damage or expenses arising from the claims of any third party (including, without limitation, product liability claims) that may be incurred by the Client. 6. In the event of any claim, Client must give written notice to the Company within 30 days of discovery of the facts alleged to justify such claim and, in any case, the Company shall be discharged from all liability for all claims for loss, damage or expense unless suit is brought within one year from: o the date of performance by the Company of the service which gives rise to the claim; or o the date when the service should have been completed in the event of any alleged non-performance.
(b) Indemnification: Client shall guarantee, hold harmless and indemnify the Company and its officers, employees, agents or subcontractors against all claims (actual or threatened) by any third party for loss, damage or expense of whatsoever nature including all legal expenses and related costs and howsoever arising relating to the performance, purported performance or non-performance, of any services.
(a) If any one or more provisions of these General Conditions are found to be illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
(b)During the course of providing the services and for a period of one year thereafter Client shall not directly or indirectly entice, encourage or make any offer to Company’s employees to leave their employment with the Company.
(c)Use of the Company’s corporate name or registered marks for advertising purposes is not permitted without the Company’s prior written authorization.
12. Governing Law, Jurisdiction and Dispute Resolution
Unless specifically agreed otherwise, all disputes arising out or in connection with Contractual Relationship(s) hereunder shall be governed by the substantive laws of the State of New York (USA). Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration by the American Arbitration Association