Wine Law

6 Finally, it must be borne in mind that, once labelled, the bottles cannot be sold in other countries (except for expensive operations). Before proceeding, therefore, it will be good to make sure that the sale is successful or, at least, to take care with a partial payment in advance. The contractual clauses may also include a deadline for the possible notification of the defect of the wine, as well as the requirements for the notification (for example the written form). It is also possible to provide for certain remedies to be taken by the seller in case of defectiveness (e.g. replacement of the goods, price reduction) and to provide for an exemption from liability of the seller if the buyer (or who has relations with the latter) has not fulfilled certain obligations (storage of the wine under particular conditions of temperature, humidity, light). Except for the limit (mandatory under Italian law, article 1229 of the Italian Civil Code) of fraud or gross negligence, the seller may also contractually exclude or limit its liability for damages. In the absence of the above clauses, the warranty conditions established by the Vienna Convention, which are inconvenient for the exporter, would apply. Another important obligation of the Italian exporter is the delivery of the goods. The international sale normally implies the need to move the goods for long distances, possibly by different means; this involves costs, charges and risks because the goods could be damaged or stolen or delayed, causing problems to the buyer for which the seller could be called to answer. In order to limit these risks, it is important that the exporter contractually regulates the most relevant aspects related to the transport of goods: the place and time of delivery. In this sense, the practice of international trade has long since determined a valid response regarding the method of delivery, a practice subsequently codified in Incoterms. It should be specified that the Incoterms 2015 includes 13 items. At the end of the relationship the seller demands payment. However, despite the contractual precautions, the claim may remain, even partially, unpaid. In the European Union, the Italian exporter (for example) can, then, provide in the contract that any disputes are resolved by the Italian judge, who is subsequently authorized to act on the goods and receivables that the EU debtor has in his country for the satisfaction of that credit,