property shall pass when the parties intend that the risk pass to buyer before property, it is obviously to see that the goods must identify by the parties which it associates, and then the vendor should not be expected to change his mind that property becomes ascertain as the risk of property transfers to the buyer that it depends on when parties intend and circumstance of the case 17 (1) SGA . In Fedarspiel and Co Sa V Charles Twigg and Co Ltd, states that when the seller provides goods to be part of the bulk that the property shall become ascertainments but, for ascertainments to take place shall be a conditionally of act on the part of seller . If the property is not condition of ascertain, the act of seller are marking or packing, which is not irrevocable “earmaking”. Thus, if goods are unascertained, the property cannot transfer to the buyer until the goods becomes ascertain 17 SGA . Additionally, Under FOB term, the duty of buyer must provide sufficient notice name of the port, vessel and stipulate date of the time to the seller before shipment goods เจอเนอล . After that the buyer shall obtain an import taxes and licenses where goods are passing to other country require to the port of destination . However, the duty of the seller must arrange goods and inform the contract of sale to the buyer after that the seller provides a commercial invoice, check, pack, mark and dispatch goods to the port of location and vessel for shipment that the buyers have been informed to the seller, and then the seller shall deliver within the stipulate of time . Moreover, the seller shall give sufficient the notice to the vendor that goods have already dispatched in the vessel that the expenses of taxes, licenses and delivery for export must be provided by seller until goods have been loading to the vessel . In FOB term have been demonstrated, the risk of buyer is not passing to the seller until goods is loading on the board of vessel but, goods must become ascertain that if property of buyer are not identify or ascertain, the risk is not transfer to the buyer that even the goods puts on the board under FOB term that the risk must not pass to the buyer 17(1) SGA. Thus, it can be clearly seen that passing property of uncertain goods must not transfer to the buyer until ascertainments .