§ 18. When did the fault arise, and who has to prove it?
What matters is whether the fault was present when you took over the item. To make this easier for you, the law says that if a fault appears within two years of the purchase, it is presumed to have been there from the start. The seller (selger) must then prove that it is your fault.
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
The text of the law (unofficial translation)
When assessing whether the item has a defect (mangel), the time of delivery (levering) of the item shall be decisive, even if the defect only becomes apparent later. For digital services (digitale ytelser) that are to be supplied continuously over a period, cf. § 2 first paragraph letter e, the assessment shall be based on the time or period in which the services were or should have been supplied. The same applies to updates under § 15 fourth paragraph.
Unless otherwise proven, a defect that becomes apparent within two years after delivery of the item shall be presumed to have existed at the time of delivery. If the agreement concerns digital services that are to be supplied continuously, the seller shall, unless otherwise proven, be presumed to be responsible for defects that arise or become apparent within the period in which the digital services are to be supplied, but in any case for at least two years from when the supply of the services began. The first and second sentences do not, however, apply if the presumption is incompatible with the nature of the goods or of the defect.
The seller is also liable for a defect that arises later, if it is caused by a breach of contract (kontraktsbrudd) on his or her part.
What does this mean?
The law "freezes" time at the exact second you received the item. It is the condition at that very moment that decides whether the shop is responsible.
The two-year rule: All faults that show up in the first two years are automatically treated as manufacturing faults, unless the seller can prove otherwise. The seller has the burden of proof (bevisbyrde) during this period.
After two years, this is reversed. The complaint period for durable goods is five years, but in years 3–5 it is to a greater extent up to you to show that the fault is likely due to poor quality, not normal wear and tear.
Example
Tom buys an expensive TV. A year and a half later, half the screen goes black. The TV has been hanging quietly on the wall. The shop asks him to pay for the repair. Tom refers to § 18: under two years = the shop has the burden of proof. The repair shop finds no pressure or impact damage. The shop has to fix the TV free of charge.
Common mistakes
- Giving up when the shop staff behind the counter reject the complaint about a defect (reklamasjon) without examining the item
- Thinking that "burden of proof" means you have to hire an expert — as a rule, the check is done by the shop's own repair service
What should you do?
Hand in the item as soon as possible. Describe exactly when and how the fault arose. Do not let unauthorised repair shops open the item — the seller will then claim the evidence has been destroyed.