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These General Terms and Conditions of Sale apply to all products and services provided by Mão de Fogo, Fundição Artística, Lda., including those carried out by its associated Sculpture Atelier (hereinafter jointly referred to as “Mão de Fogo”).

By placing an order with Mão de Fogo, the Client fully accepts the following conditions.

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1. Order, Award and Payment

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1.1. Award of the Order

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Mão de Fogo shall present the Client with a detailed quotation (or commercial proposal) based on the requirements and information provided.

Any prior price estimate given before the full definition of the project shall be purely indicative and non‑binding.

Only the final written quotation, formally accepted by the Client, shall constitute the firm award of the order and the formation of the supply contract.

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1.2. Deposit (Initial Payment)

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At the time of award, the Client shall pay a deposit corresponding to 50% of the total quoted amount.
This amount shall be deducted from the total contracted price.

The remaining balance shall be paid after final approval of the work by the Client, at Mão de Fogo’s premises, and before delivery or shipment to the final destination.

In the case of shipment via carrier, dispatch shall only take place after confirmation of receipt of all agreed payments in full.

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1.3. Refund of the Deposit

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The initial deposit shall only be refunded to the Client if, cumulatively or alternatively, one of the following situations occurs:

• A delay exceeding 1 (one) year attributable to Mão de Fogo, counted from the date of award, excluding delays resulting from force majeure (clause 3.2) or changes requested by the Client.

• Technical or artistic non‑conformity, where the final piece significantly departs from the technical and/or aesthetic requirements agreed in writing at the time of award.

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1.4. Cancellation or Suspension by the Client

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If, at the Client’s initiative and without fault on the part of Mão de Fogo, the order is cancelled or the works are suspended for a period exceeding 1 (one) year after award:

• The deposit paid shall not be refunded and shall be retained by Mão de Fogo as compensation for costs incurred and resources allocated.

• If the deposit does not cover the totality of the work performed and expenses incurred, the Client undertakes to pay the outstanding costs.

After such payment, Mão de Fogo shall make available to the Client the materials and work already performed specifically for the order (for example, the piece at an unfinished stage and any moulds produced).

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1.5. Termination by Mão de Fogo

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Mão de Fogo reserves the right to terminate the contract only for justified reasons, including but not limited to:

• Serious breach of contractual obligations by the Client (such as non‑payment, lack of necessary cooperation, or proven infringement of third‑party copyright – see clause 6).

• Subsequent impossibility of performing the work due to circumstances not attributable to Mão de Fogo.

In such cases:

• If termination is not attributable to the Client, Mão de Fogo shall refund amounts paid corresponding to services not performed and, where possible, assist in transferring the project to a qualified third party.

• If termination results from the Client’s breach, Mão de Fogo may retain the amounts already paid up to the value of work performed and expenses incurred, with clause 1.4 applying mutatis mutandis.

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1.6. Payment Conditions and Late Payment

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All payments shall be made within the deadlines and under the conditions indicated in the quotation or contract executed between the parties.
In the absence of a specific condition, invoices issued by Mão de Fogo shall be due 30 (thirty) days from the date of issue.

Failure to pay any amount due on the due date entitles Mão de Fogo to immediately suspend ongoing works until full settlement of the debt, without such suspension constituting a contractual breach or giving rise to any entitlement to compensation or automatic extension of agreed deadlines.

In the event of late payment, commercial late‑payment interest shall accrue at the legal rate in force, calculated from the due date until full and effective payment, together with all administrative, banking or legal costs incurred by Mão de Fogo in recovering the overdue amounts.

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1.7. Retention of Title

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The piece(s) commissioned, as well as any moulds, negatives or other materials produced specifically for their execution, shall remain the property of Mão de Fogo until full and effective payment of all amounts due by the Client, including price, taxes, additional charges and any sums arising from ancillary services.

Until full payment is made, the Client may not sell, encumber, assign, publicly display, permanently install or otherwise dispose of the piece(s), even if they are already physically in the Client’s possession, unless expressly authorised in writing by Mão de Fogo.

Breach of this clause entitles Mão de Fogo to demand the immediate return of the piece(s) or to take the legal measures necessary to safeguard its ownership rights.

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2. Scope of Services

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2.1. Scope of Included Services

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Unless otherwise stipulated, the quoted price covers exclusively the production of the artistic piece(s) in accordance with the agreed specifications, including, where applicable, mould‑making, casting and the specified finishes, as well as making the piece(s) available for collection at Mão de Fogo’s premises.

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2.2. Additional Services Not Included

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Unless expressly agreed, services such as special packaging, transport or shipment, on‑site assembly or installation, insurance, legal permits and storage beyond the period provided for in clause 9.1 are not included.

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2.3. Collaboration at Mão de Fogo’s Premises

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By prior agreement, the Client or its representatives may follow certain phases of the work, undertaking to fully comply with Mão de Fogo’s safety regulations and technical guidelines.

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Mão de Fogo shall not be liable for damage caused by acts of the Client or its representatives while present on its premises.

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3. Execution and Delivery Deadlines

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3.1. Definition of the Execution Deadline

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The execution deadline for each project shall be defined and agreed in writing at the time of award (for example, stated in the quotation or contract).

Deadlines indicated by Mão de Fogo are established based on the conditions and information available at the time of award.

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3.2. Deadline Changes and Force Majeure

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The execution and/or delivery deadline may be adjusted or suspended by Mão de Fogo, without constituting contractual breach, due to exceptional circumstances, including:

• Force majeure or acts of God: events beyond Mão de Fogo’s control, such as natural disasters, fires, floods, power outages, labour disputes, supplier delays, pandemics, governmental orders or other unforeseeable circumstances temporarily preventing normal progress of the work.

• Necessary technical adjustments: technical or artistic changes during execution arising from needs identified in the production process that make extension of the initially agreed deadline unavoidable.

• Changes requested by the Client: modifications to requirements, design or finish requested by the Client after award, when such modifications are expected to affect the duration of the work. In these cases, Mão de Fogo shall provide a new estimated deadline and, where applicable, a price adjustment.

• Delays attributable to the Client: failure by the Client to timely fulfil obligations impacting the schedule (e.g. delays in providing materials or approvals). Such delays shall extend the deadlines accordingly, without liability for Mão de Fogo.

In such situations, Mão de Fogo undertakes to promptly inform the Client of any change or suspension of deadlines and, where possible, to agree on a new estimated completion/delivery date.

If a force majeure event or other exceptional circumstances cause suspension of works for a period exceeding 90 (ninety) days, either party may request termination of the contract in respect of the unperformed portion, by written notice, without penalties, after attempting an agreed solution.

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3.3. Delivery Deadline

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The delivery deadline of the final work shall be estimated at the time of ordering, taking into account the execution deadline and logistical requirements.
This deadline is purely indicative; if any significant change is anticipated, Mão de Fogo shall inform the Client as soon as possible.

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3.4. Transport, Packaging and Installation

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Unless otherwise agreed, transport, specialised packaging and installation services are not included in the order price (see clause 2.2).
At the Client’s request, Mão de Fogo may quote and provide such services, with the respective costs borne by the Client.

Mão de Fogo shall use appropriate packaging to protect the work during transport; however, it shall not be liable for damage or loss during transport unless transport insurance covering such risks has been contracted.

If installation of the piece at the final location is carried out by the Client or third parties contracted by the Client, Mão de Fogo shall not be liable for any damage occurring during that installation phase.

Note: From the moment of delivery/collection of the piece (see 3.3), the Client assumes all risks related thereto, without prejudice to any liability of the carrier or coverage provided by transport insurance, if applicable.

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4. Inspection and Acceptance of the Work

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4.1. Inspection and Approval Procedure

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Upon completion of the work, Mão de Fogo shall notify the Client that the piece is ready and make it available for inspection and approval.

As a rule, inspection takes place at Mão de Fogo’s premises, in the presence of the Client (or its representative), who shall verify the piece and confirm compliance with the agreement.

If physical presence is not feasible, remote inspection may be provided through high‑quality photographs/video or videoconference for detailed observation of the finished piece.

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4.2. Final Acceptance and Transfer of Risk

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Once inspected and found compliant, the work shall be finally accepted by the Client.
Acceptance may be formalised in writing (for example, by signing an acceptance statement or confirming by email).

If the Client does not respond within 7 (seven) business days after being notified of completion—and no written complaint is submitted within that period—the work shall be deemed accepted without reservation on that date.

Following express or implied acceptance, Mão de Fogo’s delivery obligation shall be deemed fulfilled, the risk in the piece shall transfer to the Client (see 3.4), and the warranty period shall commence (clause 5.1).

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4.3. Non‑Conformities

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Any non‑conformities or apparent defects detected by the Client must be reported in writing to Mão de Fogo at the time of inspection/acceptance or, at the latest, within 7 (seven) days after delivery/collection, accompanied by evidence (e.g. photographs).

Mão de Fogo shall assess the complaint and, if the non‑conformity is attributable to its services, shall carry out the necessary corrections or repairs before acceptance is finalised (or under the warranty, if delivery is already deemed to have occurred – see clause 5.3).

Defects or discrepancies not reported within this period shall be deemed remedied or non‑existent for the purposes of any subsequent warranty claim.

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5. Warranty and After‑Sales Service

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5.1. Warranty Period and Scope

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Mão de Fogo warrants, for a period of 12 (twelve) months from the date of acceptance (see 4.2), that the supplied pieces comply with the agreed specifications and are free from significant manufacturing defects, provided they are handled and maintained under normal conditions.

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This warranty exclusively covers defects or non‑conformities attributable to Mão de Fogo in the execution of the contracted work.

Where Mão de Fogo has incorporated components supplied by third parties (e.g. bases, structures, electronic or mechanical elements), its warranty responsibility shall be limited to the correct integration of such components and shall not cover their intrinsic quality or functioning, which may be subject to the manufacturers’/suppliers’ own warranties.

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5.2. Warranty Exclusions

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The warranty expressly excludes:

• Natural wear and normal ageing of materials, including gradual changes in colour, sheen or texture, oxidation or patination of metals, and other natural phenomena resulting from the passage of time or environmental exposure.

• Improper use or inadequate maintenance: damage resulting from use inconsistent with intended purposes or with provided care and maintenance instructions, including breakage due to impact, scratches, exposure to adverse conditions (weather, extreme humidity, corrosive environments, etc.), or cleaning with non‑recommended products.

• Third‑party interventions: any alterations, repairs or attempted repairs carried out by third parties or by the Client without Mão de Fogo’s authorisation that may have caused or worsened the defect.

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5.3. Warranty Claims

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The Client must inform Mão de Fogo in writing of any defect covered by the warranty as soon as it is detected and, in any event, within the warranty period.

Upon receipt of the notice and confirmation that the situation is covered by the warranty, Mão de Fogo undertakes to remedy the issue at no cost to the Client, opting for one of the following solutions, as appropriate:

• Repair: correction of the defect through repair or replacement of the affected part. The Client shall grant Mão de Fogo access to the piece for intervention. If necessary, the Client shall send the piece to Mão de Fogo’s premises (at Mão de Fogo’s expense) or, in specific cases, an on‑site intervention may be carried out (with travel and logistics costs borne as agreed between the parties).

• Replacement: supply of a new piece with characteristics equivalent to the original, at no cost to the Client, against return of the non‑conforming piece, where repair is not technically feasible or effective.

• Price reduction: if neither of the above options can be reasonably implemented within a suitable timeframe, an appropriate reduction of the price paid by the Client may be agreed, proportionate to the loss of value resulting from the defect.

Any warranty intervention shall, as far as possible, be carried out promptly.
Mão de Fogo’s liability under the warranty shall never exceed the amount actually paid by the Client for the work.

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5.4. Return Policy

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As these are customised pieces produced to order, returns or cancellations are not accepted after completion and delivery of the work, except as provided in clauses 1.3 and 5.3.

Return of a final piece and full refund of amounts paid shall only be considered in cases where it is effectively impossible to remedy, through repair or replacement, a serious defect attributable to Mão de Fogo that frustrates the purpose for which the piece was created.

In such exceptional cases, Mão de Fogo and the Client may agree on the terms of such return and refund, without prejudice to the Client’s statutory rights.

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6. Copyright and Intellectual Property

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6.1. Client Declarations

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The Client warrants that it holds the copyright (or the necessary authorisations) for any sculpture, artistic work, design or model provided to Mão de Fogo for production or reproduction.

If the order involves reproduction of a pre‑existing third‑party creation, the Client declares that it holds written authorisation from the rightful copyright holder permitting such reproduction by Mão de Fogo.

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6.2. Refusal Due to Infringement of Third‑Party Rights

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Mão de Fogo may refuse to execute any order if it has indications that the piece, model or design provided by the Client infringes third‑party copyright or intellectual property rights, until the Client satisfactorily demonstrates its legitimacy or the acquisition of the necessary licences.

The Client shall be responsible for any losses arising from potential infringement of third‑party rights and shall indemnify Mão de Fogo for any losses or damages resulting from substantiated third‑party claims related to such infringement.

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7. Handling of Client’s Original Sculptures and Models

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7.1. Risks in the Production Process

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By providing an original sculpture or model for reproduction or use in the production process, the Client acknowledges that certain methods used by Mão de Fogo (e.g. silicone mould‑making, wax/model firing, application of chemical finishing products) may be invasive and may cause damage or alteration to the original material.

Despite all due care, minor, significant or even irreparable damage to the original (such as cracks, deformations, changes in colour or texture, etc.) may occur as a consequence of necessary technical procedures.

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7.2. Limitation of Liability Regarding Originals

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Mão de Fogo shall take reasonable precautions in handling and preserving the original pieces entrusted by the Client.
However, it shall not be liable for any damage to the original resulting from the normal production processes mentioned above, nor shall it assume the cost of restoration or repair of any damage caused.

The Client is encouraged to assess the need for additional precautions—such as providing copies instead of the original or insuring the object—especially in the case of irreplaceable or high‑value works.

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8. Image Rights and Communication

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8.1. Image Capture During Production

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The Client expressly authorises Mão de Fogo to photograph and film the Client’s piece(s) and the respective production process while the works are being carried out at Mão de Fogo’s premises or under its responsibility.

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8.2. Use and Disclosure of Images

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Images captured under clause 8.1 may be freely used by Mão de Fogo for institutional, commercial, promotional or editorial purposes.

In particular, Mão de Fogo is authorised to publish such images on its website, social media pages, digital or printed portfolio, in the media, and in any company communication or marketing materials, with no remuneration due to the Client for such use.

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8.3. Rights Over Produced Images

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All copyright and ownership rights over photographs, videos and other image materials captured and produced by Mão de Fogo in the course of executing the works shall belong to Mão de Fogo.

The authorisation granted herein does not affect copyright over the original artistic work reproduced or produced, where such rights belong to the Client or a third party.

In summary, the Client retains copyright over the artwork itself, while Mão de Fogo holds copyright over the image/photographic records produced by it.

8.4. Confidentiality and Exceptions

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If the Client wishes images of the work or the production process not to be disclosed immediately—e.g. to preserve confidentiality until a specific date or event—it must inform Mão de Fogo at the time of ordering.

Whenever reasonable and agreed in writing, Mão de Fogo shall respect temporary disclosure restrictions (e.g. postponing publication of images until the agreed date).

In the absence of a specific confidentiality agreement, clauses 8.1 to 8.3 shall apply.

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9. Moulds, Materials and Storage

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9.1. Initial Free Storage

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Mão de Fogo shall store, free of charge, any production mould, original model or other material supplied by the Client and required for execution of the order, for a period of up to 6 (six) months after completion of the works (or delivery of the final piece, as applicable).

During this period, the Client may collect such items from Mão de Fogo’s premises by prior arrangement.

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9.2. Extended Storage and Final Destination

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After the 6‑month period provided in 9.1, if the Client’s materials have not been claimed or collected, Mão de Fogo may, at its discretion:

• Charge a storage fee for materials kept on its premises, calculated according to time and space occupied, after prior notice to the Client;

• Return the materials to the Client by carrier, with packaging and shipping costs borne by the Client; or, if return is not possible or not desired by the Client,

• Dispose of or destroy the materials appropriately, without entitlement to compensation for the Client, provided the Client is notified of this intention at least 30 (thirty) days in advance and does not object within that period.

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9.3. Ownership of Moulds and Negatives

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Unless otherwise stipulated, after full payment of the total contracted price has been duly received, the moulds, negatives and other production tools specifically manufactured by Mão de Fogo for execution of the order shall become the Client’s property.

Where applicable, Mão de Fogo undertakes to deliver such materials (e.g. silicone moulds) to the Client or make them available for collection as soon as possible after completion of the works and confirmation of full payment.

In the absence of instructions from the Client, moulds and negatives shall remain stored by Mão de Fogo under the terms of clause 9.2.

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9.4. Preservation of Original Sculptures

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If the Client wishes Mão de Fogo to keep the original sculpture or model in its possession even after completion of reproduction works (e.g. to facilitate future reproductions or for logistical reasons), such arrangement must be agreed between the parties.

In the absence of a specific agreement, the 6‑month free storage period and the other conditions of clauses 9.1 and 9.2 shall apply.

Mão de Fogo shall endeavour to adequately preserve the original during the storage period but shall not assume liability for any damage, deterioration or loss occurring while the original is stored under its custody, advising the Client to collect its original works as soon as possible or to consider taking out insurance to cover the period of storage.

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10. Prohibition of Image Capture by Visitors and Penalties

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10.1. Prohibition

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Clients, visitors, representatives, suppliers or any third parties entering Mão de Fogo’s premises are strictly prohibited from taking photographs, videos or other image records of works in progress or completed works of other Clients, as well as of technical processes, moulds, models or equipment, without prior express written authorisation from Mão de Fogo.

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10.2. Scope

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This prohibition applies to all areas of the company, including foundry workshops, sculpture atelier, finishing areas, storage spaces and any other locations where Clients’ works or materials are present.

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10.3. Penalties

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Failure to comply with this rule constitutes a serious breach of these Terms of Sale and entitles Mão de Fogo, without prejudice to other applicable legal measures, to:

• Immediately interrupt the visit or presence of the offender on the premises and request their departure;

• Require the immediate deletion of any photographs, footage or records obtained improperly, under the supervision of a Mão de Fogo representative;

• Refuse future visits or access to Mão de Fogo’s premises by the offender, temporarily or permanently;

• Consider the contract or collaboration agreement with the offender terminated, where applicable, with immediate effect;

• Demand compensatory damages (penalty clause) for the harm caused, without prejudice to claiming additional damages if actual losses exceed the predefined compensation;

• Take legal action necessary to prevent improper use or disclosure of unauthorised images and to protect the rights and interests of Mão de Fogo and its Clients.

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10.4. Exceptions

Any exception to this no‑image‑capture policy requires prior written authorisation from Mão de Fogo and, if granted, may be subject to specific conditions (e.g. limitation of capture angles, prohibition on identifying the Client or the work, or execution of confidentiality agreements).

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11. Governing Law and Jurisdiction

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11.1. Governing Law

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These General Terms and Conditions of Sale and the order contracts to which they apply are governed by the laws of the Portuguese Republic, excluding the application of any international conventions on the sale of goods (namely the United Nations Convention on Contracts for the International Sale of Goods – CISG).

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11.2. Jurisdiction

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For the resolution of any disputes arising from the interpretation or execution of these conditions or the contracts concluded hereunder, the parties elect the jurisdiction of the Judicial Court of the District of Montemor‑o‑Novo, Portugal, expressly waiving any other.

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11.3. Final Provision (Severability)

If any of the above clauses is declared null or unenforceable by a competent authority, such declaration shall not affect the validity of the remaining clauses.

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In such cases, the parties undertake to make reasonable efforts to replace the affected clause with a valid one that achieves, as far as possible, the economic and legal purpose of the original clause.