Short answer. No, not the extra. When a seller delivers more goods than you contracted to buy, you may accept the quantity that matches the contract and reject the surplus. You only have to pay for the excess if you choose to accept the whole delivery; if you do, you pay for everything at the contract rate.
What the law says
Where the seller delivers to the buyer a quantity of goods larger than he contracted to sell, the buyer may accept the goods included in the contract and reject the rest. If the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate.
Civil Code, Article 1522 — Delivery of Wrong Quantity. Read the full provision →
You choose whether to keep the surplus
Article 1522 puts the choice in your hands. Where the seller delivers a quantity larger than he contracted to sell, you may accept the goods included in the contract and reject the rest. You are not forced to take, store, or pay for goods you never ordered simply because the seller shipped them. The over-delivery does not enlarge your obligation on its own. What matters is what you decide to do with the excess once it arrives, because your response is what fixes how much you ultimately owe.
Accepting everything means paying for everything
The article attaches a clear consequence to keeping the whole shipment: if the buyer accepts the whole of the goods so delivered he must pay for them at the contract rate. You cannot keep the surplus and refuse to pay for it, nor demand the extra units at a discount off the agreed price. Acceptance of the full delivery converts the excess into goods you have bought at the same unit price as the original order. So the practical question is simple: take only what you ordered, or take it all and pay for all of it.
Mixed and indivisible deliveries
The same logic runs through the rest of the article. If the seller mixes the goods you ordered with goods of a different description not in the contract, you may accept the conforming goods and reject the rest. And where the subject matter is indivisible — it cannot fairly be split — you may reject the whole delivery rather than being made to sort out a tangled shipment. These rules let you insist on the bargain you actually made instead of being saddled with whatever the seller happened to send.
What can change the default rule
These are default rules, and the article says so: they are subject to any usage of trade, special agreement, or course of dealing between the parties. If your contract expressly allows a tolerance or over-shipment, or if your prior dealings established such a practice, that controls instead. The article also assumes a genuine over-delivery, not a dispute about quality or defects, which other rules govern. Read your contract first; where it is silent, Article 1522 gives you the right to reject the surplus or pay the contract rate for the lot.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Sps. Alexander and Julie Lam vs. Kodak Philippines, Ltd, G.R. No. 167615, January 11, 2016 — read the decision on LawPhil →