You Might Be Thinking…

“If I order a specific quantity, I want exactly that amount.”
But the law also protects the seller’s practical realities – which is why it allows a reasonable tolerance.

Clients Often Ask Me…

• When is the quantity considered “approximate”?

• What if the deviation is greater than 5%?

• Does the tolerance also apply to consumers?

• How can I contractually require exact quantities?

• Do I have to pay for the surplus?

Legal Framework in Brief

• Section 2098 Civil Code: If the quantity is specified only approximately, the seller determines the exact quantity.

• Presumption: deviation may not exceed 5%.

• Interpretation depends on context and business practices.

Practical Examples

1. Construction

• Sand delivery: agreed “approx. 10 tons.” Seller may deliver between 9.5 and 10.5 tons.

2. Bulk Products

• 10,000 screws → deviation of up to 500 pieces is acceptable.

3. Consumer vs. Business

• Consumers are protected – if the deviation is significant, they may reject delivery.

• In B2B, Section 2098 is applied more strictly.

Risks and Common Mistakes

• Vague contract terms (“approx.,” “about”) → opens the door for deviations.

• Deviation over 5% → buyer may claim defect (additional delivery, discount, or withdrawal).

• No agreement in contract → dispute whether quantity was approximate.

Lawyer’s Checklist

✔ If you want exact quantities, state it clearly in the contract.
✔ Use precise units (kg, m³, pcs).
✔ In bulk deliveries, agree on method of weighing/measuring.
✔ Clarify who pays for any surplus.

FAQ

What if less than agreed is delivered by more than 5%?
The buyer may claim defective performance (supply missing goods, discount, withdrawal).

What if more is delivered?
If the buyer does not promptly reject the surplus, the contract also covers the extra goods.

Can the 5% tolerance be changed?
Yes – parties may agree on narrower (e.g., 1%) or wider (e.g., 10%) tolerances.