GENERAL TERMS AND CONDITIONS

1. SUBJECT MATTER AND SCOPE OF APPLICATION OF THESE GENERAL TERMS AND CONDITIONS

1.1. These General Terms and Conditions govern all current and future contractual relationships between Silvelox Group Spa and the purchaser regarding the supply of doors, gates, industrial and residential closures, components, and spare parts. They must be read in conjunction with any special terms and conditions that may have been agreed upon in writing by the parties or included in Silvelox Group Spa’s written confirmation of order acceptance.

1.2. Unless specifically approved in writing by Silvelox Group Spa, any general or special terms and conditions that differ from those set forth herein and that are included or referenced by the Customer in its communications to Silvelox Group Spa shall be deemed null and void.

2. FORMATION OF THE CONTRACT

2.1. The supply contract is concluded upon written confirmation by Silvelox Group Spa, countersigned by the Customer.

2.2. If the terms and conditions specified in the Customer’s order differ from those in the written confirmation from Silvelox Group Spa, the latter shall be deemed a new proposal, and the contract shall be deemed concluded when the Customer begins to perform it with express written acceptance.

2.3. Any offers made by Silvelox Group Spa are considered valid only for the period of time specified therein and exclusively for the complete supply of the items listed in such offers.

2.4. The Customer acknowledges that materials account for more than 50% of the price of the products and that Silvelox Group Spa purchases these materials at fluctuating prices. The Customer agrees to assume all risks of price increases if, for reasons not attributable to Silvelox Group Spa, the start of production of the ordered products is delayed by more than six months beyond the dates agreed upon in the contract. Consequently, Silvelox Group Spa may increase the selling price of the product by a percentage equal to the increase in costs compared to the time the order was placed.

2.5. Orders are valid only after receipt of the order confirmation signed to indicate acceptance, and any deposit invoice is issued only after receipt of the signed order confirmation.

2.6. Orders that are not returned with a signature of acceptance within 30 days of the issuance of the confirmation are automatically deemed void.

2.7. For orders requiring a deposit, if the deposit is not paid within 30 days, the order is automatically considered void.

2.8. Orders for which a deposit has been paid may remain on hold pending resolution for up to 6 months.

3. TECHNICAL DATA, DRAWINGS, AND DOCUMENTS RELATED TO THE SUPPLY

3.1. The data and illustrations contained in Silvelox Group Spa’s catalogs, brochures, circulars, or other illustrative documents are provided for informational purposes only. These data are not binding unless expressly stated as such in Silvelox Group Spa’s order confirmation.

3.2. Silvelox Group Spa reserves the right to make any changes to its products at any time that it deems appropriate, notifying the Customer if such changes affect installation.

3.3. Should the Customer propose changes to the products, in order for such changes to become binding, there must be full written agreement between the parties regarding the impact these changes would have on the previously established prices and delivery times. Prices may also be subject to change if the quantities ordered are reduced or if a faster delivery is requested than previously agreed upon.

3.4. The Customer expressly agrees not to use, for any purpose other than those specified in the supply contract, the drawings, technical information, and innovations related to the supply, which remain the property of Silvelox Group Spa and which the Customer may not disclose to third parties or reproduce without written authorization.

3.5. The Customer is required to inform Silvelox Group Spa, during the pre-contractual phase, of any specific regulations that must be complied with in the final destination country of the goods to be supplied.

4. EXCLUSIONS

4.1. Unless otherwise specified, the scope of supply includes the system design, as well as installation, operation, and maintenance manuals; however, it does not include installation manuals for the supplied doors and windows, specific or special testing, training courses, commissioning assistance, or any services or costs not mentioned in the written confirmation from Silvelox Group Spa.

4.2. Similarly, packaging costs, taxes, stamps, customs fees, duties, and any other additional charges are not included in the prices unless otherwise specified in a written confirmation from Silvelox Group Spa.

4.3. The following are also excluded, unless specifically stated in the offer and in the order confirmation:

  • Construction or installation of masonry work, electrical connections, retaining metal sheets, cladding sleeves, special mounting brackets, and work designed to correct any imperfections in the masonry;
  • Removal of any locks already present and installed on site;
  • Availability of lifting, unloading, and material-handling equipment, particularly for installations on elevated floors or where door heights exceed 5500 mm;
  • Disposal of construction waste and packaging on site;
  • Responsibility for the safekeeping of products and materials delivered on site.

5. DELIVERIES

5.1. Unless otherwise agreed in writing, deliveries are understood to be Ex Works (EXW), inclusive of standard packaging.

5.2. Upon handover of the materials to the Customer or the carrier, Silvelox Group Spa shall be released from its delivery obligation, and all risks relating to said materials shall transfer to the Customer, even if Silvelox Group Spa is tasked with shipping or installation on site.

5.3. Delivery dates are indicative only and specify, barring unforeseen circumstances, the working week in which delivery is scheduled; any binding delivery deadlines must be agreed upon with the Sales Department and specified in writing; however, they shall be deemed accepted only if explicitly confirmed in our order confirmation.

5.4. Unless otherwise agreed by the parties, such delivery dates shall commence from the time the contract is concluded, unless the Customer is required to pay a portion of the price as a deposit, in which case the commencement of the terms shall be suspended until such payment has been made.

5.5. Delivery dates shall be automatically extended by law:

  • if the Customer fails to provide, in a timely manner, the data or information necessary for the supply, requests amendments during execution, or delays in responding to the request for approval of the order confirmation from Silvelox Group Spa;
  • if circumstances beyond the reasonable control and diligence of Silvelox Group Spa, including delays by sub-suppliers, prevent or render excessively burdensome the delivery within the established terms.

5.6. In the event that the Customer is not up to date with payments relating to other supplies, the commencement of the terms shall be suspended, and Silvelox Group Spa may withhold deliveries until the Customer has paid the amounts due.

5.7. Delivery dates are understood to be established for the benefit of Silvelox Group Spa; therefore, the Customer may not refuse to take delivery of the products prior to the scheduled date.

5.8. Without prejudice to the provisions of Article 11 below, in the event of failure to take delivery of the products by the Customer for reasons attributable to the Customer or, in any case, due to circumstances beyond the control of Silvelox Group Spa, the Customer shall bear all risks and expenses for their storage, in addition to paying for the goods ready in stock.

5.9. Should the parties agree that, in the event of delayed delivery, Silvelox Group Spa is required to pay a sum by way of a penalty, the Customer shall not be entitled to claim any amounts exceeding such penalty as compensation for damages suffered due to the delay.

5.10. Upon expiry of two working weeks from our notification of goods ready, unless otherwise specifically agreed with our Logistics Department, we shall charge 10 Euros per day for the storage of each job order at our warehouse.

6. TESTING AND ASSEMBLY

6.1. On-site installation and testing, if requested, shall be performed by Silvelox Group Spa either directly or through specialized companies appointed by Silvelox Group Spa, at the Customer's expense.

7. PAYMENTS

7.1. Unless otherwise agreed, payments must be made by the Customer within the deadlines specified in the written order confirmation at Silvelox Group Spa's registered office or at the banking institution designated by Silvelox Group Spa. In the event of late payment, the Customer shall be liable for late payment interest, without prejudice to Silvelox Group Spa's right, in any case, to claim compensation for any further damages suffered and the termination of the contract pursuant to Article 11 below.

7.2. Any disputes that may arise between the parties shall not relieve the Customer from the obligation to comply with the payment terms and conditions.

8. WARRANTY

8.1. Silvelox Group Spa warrants the conformity of the supplied products, meaning that the products are free from defects in materials and/or workmanship and comply with the provisions of the specific contract accepted by the parties; this shall be guaranteed by the functional testing to be carried out upon completion of the works.

8.2. The product's legal warranty is valid for a period of two years (24 months) commencing from the date of completion of the initial inspection certificate issued at the time of installation, and in any event not exceeding 25 months from the date of issuance of the transport document. The activation of the warranty is strictly contingent upon regular payment to Silvelox Group Spa or to the authorized Silvelox Group Spa dealer.

8.3. The initial inspection is performed to demonstrate the correct functionality of the product after installation and shall be carried out free of charge by the installer at the time the product is commissioned.

The initial inspection certificate is contained within the instruction manual enclosed with the product and must be duly completed by the installer and handed over to the final user.

8.4. Silvelox Group Spa assumes no liability for any damage to property or personal injury resulting from:

  • Improper or irregular use of the product, including the failure to perform routine maintenance;
  • Improper or incorrect installation and assembly works;
  • Installation on inadequate load-bearing structures;
  • Use of unsuitable anchoring elements;
  • Excessive or improper stress;
  • Use of non-original accessories or spare parts;
  • Any unauthorized modification or repair of the products.

8.5. The warranty coupon enclosed with the instruction manual must be sent back to Silvelox Group Spa within 30 days from the date of installation.

8.6. The warranty covers only product components supplied by Silvelox Group Spa, which undertakes to repair or replace free of charge any component that proves to have manufacturing defects. Any costs for disassembly, reinstallation, and return shipping shall be borne by the customer.

8.7. Material under warranty shall be shipped to Silvelox Group Spa Ex Works (EXW) manufacturing plant. Unless otherwise indicated in writing, replaced materials must be returned, upon request, to the same destination. The transport of replacement material (including the return of defective material) shall be borne by the customer.

8.8. The final user must be able to produce the initial inspection certificate in order to benefit from free services during the warranty period.

8.9. The manufacturer's warranty shall be voided in the event of failure to comply with the instructions contained in the product's installation and user manual.

8.10. Any replacement under warranty may be made with products equivalent to the originals, which may differ in appearance due to being manufactured with different materials and incorporating structural modifications.

8.11. Any intervention and/or replacement approved under warranty shall not extend the expiration terms of the product warranty, nor shall it authorize the suspension of the agreed payments.

8.12. Silvelox Group Spa assumes no liability for any damage to property or personal injury resulting from normal wear and tear of parts which, by their very nature, are subject to rapid and continuous degradation; therefore, the warranty shall not apply to:

  • Damage caused by improper use of the product;
  • Damage caused by anomalies or faults arising from the electrical power supply network;
  • Damage caused by tampering or breakdowns due to interventions by unqualified personnel, including the removal of mandatory safety systems;
  • Damage occurring during third-party transport and negligent storage of the product;
  • Damage caused by non-compliance with or incorrect execution of the instructions, including routine maintenance, provided in the instruction manual;
  • Damage to products from which the identification labels affixed by the manufacturer have been removed;
  • Damage caused by the use of non-original accessories and/or spare parts not authorized by Silvelox Group Spa;
  • Damage caused by incorrect installation;
  • Damage caused by extraordinary events (accidents, fires, natural disasters, vandalism, and casualties in general);
  • Damage occurring in the event that motorization and automation are carried out by the customer.

8.13. In the case of wooden products, despite the use of advanced techniques aimed at reducing the natural expansion and contraction movements typical of the raw material used, under specific environmental conditions, small cracks and slight warping may occur, which shall not be covered by the warranty.

In the case of wooden products, the warranty shall not apply to resin bleeding and/or tannin leakage, which are considered natural product characteristics.

The warranty shall not apply to any damage to the products caused by natural events of exceptional intensity (floods, tornadoes, hailstorms, etc.).

The warranty shall not apply to any swelling attributable to excessive environmental humidity.

The warranty shall not apply to any product installed flush with the external wall without any protection against atmospheric agents.

The warranty shall not apply in the event of alteration or modification by the Customer.

9. CLAIMS

No claims will be accepted regarding abrasions, scratches, smudges, collisions, or damage resulting from cleaning with unsuitable chemical products or tools.

In the case of motorizations supplied by third parties, the certification and CE marking of the product shall relate exclusively to a manual door. Therefore, the product warranty provided by Silvelox Group Spa shall be limited solely to the mechanical parts and shall not cover damage caused by the third-party motorizations. It is a reminder that the third party installing the motorization is obliged to perform a new risk assessment and to provide their own certification and CE marking.

For products installed in coastal areas or areas subject to aggressive climate conditions, it is necessary to use suitable products and materials and/or specific protections.

Section panels made with wood-like coating may show slight "whitening" on the edges of the ribs, cassettes, or tongue-and-groove profiles caused by the stretching of the plastic coating. This phenomenon is to be considered normal and does not constitute a product defect.

Section panels made with smooth and non-embossed sheets may show slight waviness. This phenomenon is characteristic of the production process and does not constitute a product defect.

Slight product color changes that may occur over time due to exposure to sunlight are physiological and do not constitute a product defect.

Panels made with dark-toned sheets reach very high temperatures when exposed to the sun. This causes significant thermal expansion of the metal, which may lead to temporary deformation of the sheets. Although this phenomenon may affect the proper functioning of the door, it cannot be eliminated and does not constitute a product defect.

In the case of sheet metal products, even if the same RAL color is used, slight shade deviations or a different perception are possible due to the diversity of the materials used. This occurs both on components related to the same product and on different products, such as entrance doors with sheet metal cladding and sectional or up-and-over doors made with sheet metal panels.

In the case of products with glazing, in accordance with the UNI EN 572 and UNI EN ISO 12543 standards, the optical inspection to evaluate the conformity of an insulating glass unit must be performed at a distance of no less than 2 meters.

In the case of wooden products, the color samples presented at the time of selection offer a general idea but do not represent the exact final aesthetic result. Anyone purchasing a wooden door must keep in mind that they are buying a product made of a natural and precious material, which features different types of grain; therefore, color discrepancies may occur due to the variations in the underlying wood species.

In the case of wooden products, please note that wood (the raw material of our handcrafted products) is a "living" material, inherently subject to changes determined by external factors such as sunlight, temperature, environmental humidity, and daily use. Variations in shade are normal; furthermore, wood may undergo dimensional changes depending on the temperature and humidity of the environment. Under more critical conditions, slight cracks may appear, which will tend to subside once correct climate conditions are restored. It is therefore reasonable to expect, over time, that a wooden product will adapt to its environment, undergoing slight modifications which, however, serve only to enhance its beauty and charm, just as occurs with any natural material.

Section panels made with wood-like coating may show slight 'whitening' on the edges of the ribs, cassettes, or tongue-and-groove profiles caused by the stretching of the plastic coating. This phenomenon is to be considered normal and does not constitute a product defect.

In the case of products installed side by side, if ordered at different times, the same shade cannot be guaranteed because the wood may behave differently during the coating process, and for panels or sheet metal, the supplier may make modifications at any time.

10. RETURNS MANAGEMENT

10.1. With the aim of improving customer service and with a view to achieving UNI EN ISO 9000 quality certification, Silvelox Group Spa has established a document regulating the management procedure for customer returns, which shall therefore be subject to the following provisions:

  • For every product (or part thereof) for which a return to Silvelox Group Spa is intended, whether for repair/modification/replacement under warranty or for repair/modification/replacement with charge, a written and documented request must be submitted to our Sales Department, stating the details of the non-conforming material (document number and date, product code) and the documented reasons for the non-conformity (photographs or other information);
  • Once our representatives have verified the cause of the nonconformity, they will respond using the appropriate return authorization form, specifying in an order confirmation any charges to be borne by you, should the modification/repair/replacement not be covered under warranty; The same form will specify the return authorization number, which must be included on your return shipping label, as well as any request on our part for the non-conforming item to be scrapped, should we not wish to receive it. In any case, unless otherwise agreed upon with our Sales Department, the replacement item will not be shipped until the non-conforming product has been returned.

11. SUPPLIER’S LIABILITY

11.1. Silvelox Group Spa is solely responsible for the proper functioning of the fasteners and components supplied in accordance with the characteristics and performance specifications expressly indicated by Silvelox Group Spa. Silvelox Group Spa, however, assumes no liability for any malfunction of locks manufactured by the Customer or by third parties using components produced or supplied by Silvelox Group Spa, even if the individual components were assembled according to diagrams or drawings suggested by Silvelox Group Spa itself, unless such diagrams or drawings were the subject of a separate fee; in which case, Silvelox Group Spa’s liability shall in any event be limited to what is included in the aforementioned drawings or diagrams.

11.2. In any case, except as provided for in Presidential Decree No. 224 of May 24, 1988, and subject to the provisions of Article 1229 of the Civil Code, the Customer may not claim compensation for indirect damages, lost profits, or production losses, nor may the Customer claim compensation in excess of the value of the goods supplied.

12. RETENTION OF TITLE

12.1. Silvelox Group Spa retains ownership of the products supplied until the agreed price has been paid in full.

13. EXPRESS TERMINATION CLAUSE AND CONDITION SUBSEQUENT

13.1. The supply contract shall be terminated by operation of law pursuant to Article 1456 of the Italian Civil Code upon a simple written declaration by Silvelox Group Spa that it intends to invoke this express termination clause, should the Customer:

  • fail to make or delay payment of amounts due;
  • delays or fails to take delivery of the products within the time limits set forth in Article 5 above;
  • fails to comply with the confidentiality obligations set forth in Article 3.4.

13.2. The contract shall be deemed terminated by operation of law if the Customer is placed in liquidation or has been subject to any insolvency proceedings.

14. STANDARD RIGHT OF WITHDRAWAL

14.1. If the Customer reduces the guarantees it had provided or fails to provide the guarantees it had promised, Silvelox Group Spa shall have the right to terminate the contract.

15. APPLICABLE LAW

15.1. All contracts for international supply governed by these general terms and conditions are governed by Italian law.

16. JURISDICTION

16.1. For any dispute concerning the performance, interpretation, validity, termination, or expiration of supply contracts entered into between the parties, if the action is brought by the Customer, the courts of Silvelox Group Spa shall have exclusive jurisdiction; if, however, the action is brought by Silvelox Group Spa, in addition to the courts of Silvelox Group Spa, any other court established by law shall also have jurisdiction.

This document is an integral part of the offer and order confirmation issued by Silvelox Group Spa, and is deemed to have been accepted in its entirety upon the customer’s/client’s acceptance of the offer and order confirmation.