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Chapter II - Standard Weights and Measures

Section 12

Section 12: Any custom, usage, etc., contrary to standard weight, measure or numeration to be void

A custom, practice or method allowing a party to demand or receive more or less than the contract quantity by weight, measure or number is void.

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Need advice on Section 12?

This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.

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Statutory text

Bare law

Any custom, usage, practice or method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void.

Introduction

The provision denies effect to a custom, usage, practice or method that permits demanding or receiving more or less than the agreed measured or numbered quantity. It protects the contract quantity from contrary trade convention.

Read with section 10 on prescribed transaction units and section 11 on standard-unit expression.

Key takeaways

1

Scope and trigger

The provision denies effect to a custom, usage, practice or method that permits demanding or receiving more or less than the agreed measured or numbered quantity. It protects the contract quantity from contrary trade convention.

2

Operational step

State weight, measure or number clearly in the agreement. Reconcile order, dispatch and receipt records; challenge any asserted customary allowance against the section.

3

Limit

Section 12 invalidates the described custom; it does not by itself decide the remedy, fault or evidence for every short delivery dispute. Those require the contract and other applicable law.

Who and what it covers

The provision denies effect to a custom, usage, practice or method that permits demanding or receiving more or less than the agreed measured or numbered quantity. It protects the contract quantity from contrary trade convention.

Read with section 10 on prescribed transaction units and section 11 on standard-unit expression.

How to apply it

State weight, measure or number clearly in the agreement. Reconcile order, dispatch and receipt records; challenge any asserted customary allowance against the section.

Write the contracted quantity clearly and reconcile actual delivery against it; do not rely on a local allowance that changes the agreed quantity.

Boundary and exceptions

Section 12 invalidates the described custom; it does not by itself decide the remedy, fault or evidence for every short delivery dispute. Those require the contract and other applicable law.

Hypothetical example

Hypothetical: a distributor claims a trade custom permits delivering 98 kg against a 100 kg contract. Section 12 prevents that custom from validating the short delivery.

Practical preparation

Write the contracted quantity clearly and reconcile actual delivery against it; do not rely on a local allowance that changes the agreed quantity.

Primary sources

The statutory text is drawn from the official Act copy.

Practical checklist

Do

  • State agreed quantity and unit in the contract.
  • Compare dispatched and received quantities against that agreement.
  • Reject a custom that varies the agreed measured quantity.

Avoid

  • Do not treat section 12 as dispensing with its stated conditions, exceptions or prescribed details.

Glossary

Void custom
A trade practice denied legal effect by section 12 when it alters the agreed measured quantity.
Prescribed
Set by rules made under the Legal Metrology Act, 2009.

Frequently asked questions

Can a trade custom override the contracted measured quantity?

No. A contrary custom of the kind described in section 12 is void.

Could a customary shortage or surplus be enforceable despite the agreed quantity?

Section 12 voids a custom or practice that permits demanding or receiving a different quantity of the kind it describes.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026