If the quantity of the subject matter of the sale is specified in the contract and a shortage or surplus appears therein, and there is no agreement or custom in this regard, the following rules shall be followed: 1. If the subject matter of the sale is not adversely affectedi by division, any surplus shall belong to the seller, who is entitled to recover it in kind, and any shortage shall be borne by the seller, whether the price is determined per unit of measurement or for the total quantity sold. 2. If the subject matter of the sale is harmed by division, and the price is determined on the basis of the unit of measurement, the surplus is the right of the seller, and they are entitled to its price, and the shortage is at their expense. If the price is named for the whole subject matter of the sale, the surplus is for the purchaser, and the shortage is not compensated for by any part of the price. 3. If the surplus or shortage obliges the purchaser to take more than what they purchased or results in fragmentation of the transaction, they shall have the option to rescind the sale, unless the discrepancy is insignificant and the shortage does not affect the purchaser's intended purpose. If the purchaser takes delivery of the subject matter of the sale with knowledge of the shortage, their right to rescind the sale shall lapse.
Interpretation and application must be checked against the official text and current version.