MEMORANDUM OPINION AND ORDER
Plaintiff Frediani & Delgreco, S.P.A., an Italian corporation, brought this diversity action against Gina Imports, Ltd., an Illinois corporation with its principal place of business in Illinois, and Jack Cerone and Mario DeMarco, Illinois citizens. Plaintiff claims that it delivered olive oil to defendants and that defendants have not paid for the olive oil. Plaintiff's complaint contains eight counts, all of which are claimed to be pursuant to Italian law. Defendants have moved to dismiss on the ground that subject matter and personal jurisdiction is lacking because the invoices issued by plaintiff have a forum selection clause providing for exclusive jurisdiction in Lucca, Italy. Plaintiff contends that the forum selection clause is neither enforceable nor exclusive.
Initially, it is noted that the present motions only involve a question of proper venue. This is not a question of subject matter jurisdiction. M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 12, 32 L. Ed. 2d 513, 92 S. Ct. 1907 (1972); Caribe BMW, Inc. v. Bayerische Motoren Werke Aktiengesellschaft, 821 F. Supp. 802, 819 (D.P.R. 1993), vacated on other grounds, 19 F.3d 745 (1st Cir. 1994); C.A. Wright, A. Miller, & E. Cooper, Federal Practice & Procedure § 3801 (2d ed. 1986). Also, where the moving party seeks to dismiss the case because the appropriate forum is other than a federal district court, 28 U.S.C. § 1404(a), which provides for transfer to a different district court, is inapplicable. Royal Bed & Spring Co. v. Famossul Industria e Comercio de Moveis Ltda., 906 F.2d 45, 50-51 (1st Cir. 1990); Jones v. Weibrecht, 901 F.2d 17, 19 (2d Cir. 1990); Manetti-Farrow, Inc. v. Gucci America, Inc., 858 F.2d 509, 512 n.2 (9th Cir. 1988).
The invoices issued by plaintiff all contain the following paragraph at the bottom of each invoice.
The seed oil invoiced is in compliance with the requirements of art. 18 T.U. 22/12/1954, No. 1217. The goods are shipped at the customer's risk even if shipped in port or paid freight. We do not accept any protest after eight days of the shipment. The payments are not valid if not provided directly to the representative directly appointed by us. The limits accepted for the shipment are conditional to events of force majeure. For any controversy, the only competent forum will be Lucca.