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Terms of Sale

General Terms and Conditions of Sale — Mão de Fogo, Artistic Foundry, LDA
(Adapted and consolidated version – Portugal)

1. Scope

These General Terms and Conditions of Sale (GTC) govern all commercial relations between Mão de Fogo — Artistic Foundry, LDA (hereinafter “Mão de Fogo”) and the client, concerning the production, moulding, casting, finishing, transport, installation, and related services linked to the creation or reproduction of works of art.
Any differing condition is only valid if agreed in writing by Mão de Fogo.

2. Order, Deposit and Payment

2.1. Award of Contract
Placing an order implies acceptance of these GTC.

2.2. Initial Deposit
A 50% deposit is required upon order confirmation.
Production only begins after the deposit has been duly received.

2.3. Final Payment
The remaining amount is payable upon delivery, final acceptance, or before shipment, as agreed.
Delivery only takes place after full payment.

2.4. Deposit Refund
The initial deposit is refundable only if:

  • Mão de Fogo fails to deliver the work within one year from contract award;

  • Mão de Fogo fails to meet the agreed technical and aesthetic requirements.

The deposit is not refundable if:

  • The client withdraws from the project without fault on the part of Mão de Fogo;

  • The client suspends the work for more than one year after award.

3. Prices, Revisions and Production Conditions

3.1. Pricing Structure
Prices are calculated based on:

  • Model complexity

  • Dimensions

  • Type of material

  • Production time

  • Required techniques

  • Special client requirements

3.2. Price Revisions
Technical changes, new instructions, surface modifications, patinas, structural reinforcements or other client requests may lead to price revisions.

3.3. Artisanal Variations
Due to the artisanal nature of the process:

  • Minor variations in colour, texture, form and patina nuance may occur;

  • Such variations do not constitute defects.

4. Production and Delivery Time

4.1. Production Time
The timeframe indicated in the quotation is an estimate and may be adjusted due to:

  • Technical requirements

  • Client‑requested changes

  • External supply failures

  • Mandatory holidays

  • Increased complexity

  • Factors beyond Mão de Fogo’s control

4.2. Delivery
The delivery date is indicated at the time of order.
Mão de Fogo shall inform the client of any unforeseen delay.

4.3. Transport
Shipping costs depend on weight, dimensions and destination.
Mão de Fogo is not liable for transport damage unless insurance is contracted by the client.

5. Interim and Final Acceptance

5.1. Interim Acceptances
May be required for: models, moulds, waxes, casting tests and patinas.
Approval may be given in person or via photographs.
Lack of response within 5 working days constitutes approval.

5.2. Final Acceptance
Mão de Fogo will notify completion of the work.
Final acceptance must occur within 5 working days, in person or by photographs.
Lack of response constitutes acceptance without reservations.

6. Warranty, Claims and Returns

6.1. Warranty
Mão de Fogo guarantees the absence of production defects.

6.2. Claims
Must be notified in writing:

  • Within 7 days after delivery for visible defects;

  • Immediately upon discovery for hidden defects.

6.3. Warranty Limitations
The warranty excludes:

  • Damage caused by incorrect use

  • Client‑made alterations

  • Natural ageing of patina or surface

  • Outdoor-installed works without proper maintenance

  • Mechanical and electronic components

6.4. Returns
No returns are accepted except in cases of proven defects.

7. Copyright

The client declares to hold:

  • All copyright, or

  • Written authorisation from the rights holder

for the work to be reproduced or transformed.
Mão de Fogo declines all liability for copyright violations committed by the client.

8. Models, Original Sculptures and Moulds

8.1. Risks to Original Sculptures
The client acknowledges that:

  • Silicone moulding is an aggressive process;

  • Minor or irreparable damage may occur;

  • Mão de Fogo is not responsible for restoration.

8.2. Storage
Models and moulds may be stored temporarily.
Long‑term storage may be subject to fees.
Mão de Fogo does not guarantee that stored moulds will remain reusable.

9. Limitation of Liability

Mão de Fogo is not liable for:

  • Indirect or consequential damages

  • Inherent variations of the artisanal process

  • Transport damage without insurance

  • Risks assumed by the client in original works

  • Experimental techniques or special client requests

Any liability, when applicable, is limited to the value of the work performed.

10. Termination

Either party may terminate in writing.
If the client terminates:

  • All work executed to date is payable;

  • Materials already acquired are invoiced;

  • Workers and means contracted specifically for the project are paid for the contracted period.

If Mão de Fogo terminates due to technical impossibility or force majeure, it shall inform the client and, where possible, assist in transferring the work to third parties.

11. Retention of Title

The work remains the property of Mão de Fogo until full payment.

12. Applicable Law and Jurisdiction

Portuguese law applies.
In the event of dispute, the competent court is Montemor‑o‑Novo, unless otherwise agreed.

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