Wine Law

12 As regards the preamble it must be specified that the general conditions apply together with the special conditions in Part I. In case of contradiction, the special ones will prevail. This contract of sale is governed by the United Nations Convention on the International Sale of Goods (Vienna 1980) and, for matters not covered by this Convention, by the law of one of the States that will be decided by the parties generally the seller). Any reference to commercial terms (such as EXW 14 , CIP 15 , etc.) is to be understood as a reference to the Incoterms of the International Chamber of Commerce, in the text in force at the date of conclusion of the contract. Whit regard to jurisdiction / arbitration, it has to be specified that for any dispute arising out of or in connection with this contract, the Court of the seller's registered office shall have exclusive jurisdiction. However, notwithstanding the above, the Seller shall have the right to bring the dispute before the competent court at the Buyer's registered office. If the Buyer resides in a non-EU country. All disputes arising from or in relation to this contract shall be definitively settled in accordance with the Arbitration Rules of the National and International Chamber of Arbitration of Milan by one or more arbitrators appointed in accordance with said Rules. 7.2. Incoterms In international trade, when negotiating and subsequently signing a contract of sale, it is of fundamental importance to agree with the counterparty on the time and place where risks and costs related to the transport of goods pass from the seller to the buyer. The transfer of risks 14 This is the "Ex Works" clause. It is the most common among incoterms. This clause regulates that during the journey of the goods, the costs and risks of transport are at the buyer's expense. However, the seller is obliged to assist the buyer in obtaining any documents required by the country of export or transit. The ICC recommends limiting the clause to domestic trade, since there are still tax issues relating to the customs exit visa, the proof of intra-EU transfer, the way of filling in customs declarations and ancillary documents, the identification of the exporter not established in the territory or even the identification of the holder of any authorizations or licenses. The advice is to sell the goods at least with the FcA surrender so as to have at least the customs bill for the control of the exit visa. 15 In Carriage and Insurance Paid To clause (CIP), the seller assumes all risk until the goods are delivered to the first carrier at the place of shipment—not the place of destination. Once the goods are delivered to the first carrier, the buyer is responsible for all risks.