Portugal

Inclusion of Ts&Cs

National Law
As there is no specific provision, general rules regarding Ts&Cs, foreseen in Decree-law no. 446/85 of October 25th, shall apply.

This entails the parties’ duties to communicate and inform all that is envisaged to be agreed as Ts&Cs, in such a way that the counterparty agrees freely and clearly on the terms included.

Nonetheless, as an agreement may be expressed or implied, it is sufficient, and not unusual, for parties to issue invoices referring to each other Ts&Cs.

CISG
Portugal has not yet ratified the CISG and thus there is no relevant case law on this matter

Battle of Forms

National Law
Under Portuguese law, the situation is unclear since there is no relevant case law available and few legal commentators address the issue.

CISG
Portugal has not yet ratified the CISG and thus there is no relevant case law on this matter.

Contact

CMS Rui Pena & Arnaut
Rua Sousa Martins 10
1050-218 Lisbon
Portugal