The United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the UN Sales Law, is an international treaty that sets out uniform rules governing cross-border contracts for the sale of goods.

No, the CISG applies automatically to international contracts for the sale of goods between parties whose places of business are in different contracting states. As it forms part of German national law, it does not need to be expressly agreed upon. However, parties may choose to exclude its application in the contract.

This question cannot be answered in general terms. Depending on the circumstances, the CISG may offer advantages to either the buyer/importer or the seller/exporter. It is therefore advisable to have any international sales contract reviewed by a lawyer specialised in cross-border trade and the CISG. An expert can assess the specific provisions and implications of the Convention and determine whether its application is appropriate—or whether it should be modified or excluded in favour of alternative arrangements.

No, the Convention does not apply to goods purchased for personal, family or household use—unless the seller knew or ought to have known that the goods were intended for such use.

Over 90 countries, including Germany, have ratified the Convention on Contracts for the International Sale of Goods (CISG), making it one of the most widely adopted international sales treaties. For a fully up‑to‑date list of the Contracting States, please refer to the United Nations treaty database.

The CISG governs the formation of international sales contracts and the rights and obligations arising from them for both the seller/exporter and the buyer/importer. This includes provisions on delivery, payment, warranties, and liability.

If the sales contract involves the transportation of goods and no specific place of delivery has been agreed, the seller/exporter must hand the goods over to the first carrier for transmission to the buyer/importer.

Incoterms (International Commercial Terms) are a set of standardised trade terms published by the International Chamber of Commerce (ICC) and commonly used in international sales contracts. They can be agreed upon by the contracting parties to clearly allocate specific obligations and costs.

Incoterms provide legal certainty and transparency by defining responsibilities such as export and import clearance, the arrangement of carriage, and the allocation of costs such as transport charges, customs duties, and import taxes.

They also determine the point at which the risk of loss or damage to the goods transfers from the seller to the buyer.

Currently, there are eleven Incoterms rules, which are revised approximately every ten years—most recently in 2020.

Conformity of goods is assessed primarily based on the agreement between the parties. In the absence of such an agreement, conformity is determined by the goods’ suitability for their ordinary use or for any particular purpose expressly made known to the seller, either at the time of the contract or in another manner.

The buyer may lose the right to rely on a lack of conformity if they do not give notice to the seller within a reasonable time, specifying the nature of the non-conformity. To preserve their rights under the CISG, this notice must generally be given in writing.

A buyer who receives non-conforming goods may only declare the contract avoided if the non-conformity constitutes a fundamental breach of contract. However, the buyer may assert other remedies, such as requiring the seller to cure the defect, reducing the purchase price, or claiming damages.

The CISG does not regulate matters such as assignment, set-off, acknowledgement or assumption of debt, limitation periods, or issues of agency and authority (e.g. powers of attorney). These are instead governed by the applicable national law chosen by the parties or determined under conflict-of-law rules. In Germany, for example, such matters fall under the German Civil Code (BGB) and the Commercial Code (HGB).