However, the risk does not pass where the goods have not been identiﬁed (Art. 69(3) CISG). Art. 69(2) CISG 69-1 : Art. 69(2) CISG governs all cases which do not fall under Arts 67, 68, or 69(1) CISG. Many of those contracts will typically involve clauses such as ‘delivery free house’, ‘ex ship’,‘FOB buyer’s city’, etc. Oberlandesgericht Hamm (Germany),

doi:10.4324/9780203945445-180

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However, the risk does not pass where the goods have not been identiﬁed (Art. 69(3) CISG). Art. 69(2) CISG 69-1

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ABSTRACT

Art. 69(3) requires the goods to be identiﬁed, otherwise the risk remains with the seller. The goods are suﬃciently identiﬁed where they can be attributed to the buyer and the seller has informed the buyer thereof (see also Art. 67(3) CISG).