§ 3-13. Changes to contract terms

This section governs what applies when a financial agreement (finansavtale) is changed. If the parties agree on a change, the new terms must be handled under the same rules that apply when the agreement itself is entered into, that is § 3-9 to § 3-12, to the extent the rules are appropriate. Among other things, this means that the agreement must be in a written document and that information about the terms must be included in the agreement.

The second paragraph protects against sudden changes for the worse. A change that is to the customer's disadvantage can take effect no earlier than two months after the customer was notified of the service provider's proposal. The third paragraph requires that proposals to change interest rates, fees or other costs state the reasons. Example: The service provider proposes a higher fee. The proposal must state the reasons, and it cannot take effect until two months after the customer has been notified.

The fourth paragraph covers two things. When a consumer has signed the agreement, it may be agreed that the terms can later be changed with binding effect without a new signature from the consumer. And an offer made in a telephone conversation, without the consumer having asked for it, is not binding unless the consumer accepts in writing. § 3-39 adds requirements that in such conversations the service provider must state the sales purpose as soon as the conversation has begun, and that the consumer must receive the information about written acceptance in writing before the agreement is entered into.

The section has two neighbouring sections that supplement it. § 3-14 lets the parties agree that the customer accepts a proposed change by remaining passive. The customer must then give notice before the date the change takes effect in order to reject it. § 3-15 makes an exception for changes in interest and exchange rates based on a public reference: if the agreement allows it, they can take effect immediately, without the notice that § 3-14 second paragraph requires.