Inclusion of Ts&Cs
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.
Portugal has not yet ratified the CISG and thus there is no relevant case law on this matter
Battle of Forms
Under Portuguese law, the situation is unclear since there is no relevant case law available and few legal commentators address the issue.
Portugal has not yet ratified the CISG and thus there is no relevant case law on this matter.
CMS Rui Pena & Arnaut
Rua Sousa Martins 10