§ 24. Repair of the defect

The Craftsman Services Act (Håndverkertjenesteloven)·LOV-1989-06-16-63

Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська

In brief

The text of the law (unofficial translation)

§ 24. Repair of the defect

(1) The consumer may demand that the service provider repairs a defect (mangel) in the service when this can be done without unreasonable cost or inconvenience for the service provider.
(2) Even if the consumer does not demand it, the service provider may repair a defect when this can be done without significant inconvenience for the consumer, and the consumer does not otherwise have special reason to object to the work.
(3) Repair of the defect shall take place within a reasonable time after the consumer has complained about the defect and given the service provider the opportunity to repair it.
(4) Repair of the defect takes place at the service provider's expense. The service provider may nevertheless demand a price supplement (pristillegg) for work and materials (materialer) that are not covered by the price and that would have been necessary even if the service had been performed without a defect in the first place.
Source: Lovdata — Håndverkertjenesteloven (the Craftsman Services Act) § 24

What does this mean?

This section gives the consumer the right to demand that the service provider repairs a defect, provided that it does not become unreasonably expensive or burdensome for the service provider. Repair of the defect is the first claim when there is a defect, and it normally takes place at the service provider's expense.

The right also goes the other way. Even if the consumer does not ask for it, the service provider may fix the fault. In that case, the repair must not trouble the consumer to any significant degree, and the consumer must not have a good reason to say no. Example: the service provider offers to come back and fix the fault, and the consumer has no particular reason to refuse. Then the service provider may do so.

There is a time frame. The service provider must fix the fault within a reasonable time, counted from when the consumer complained and gave them a chance to do so.

The main rule is that the service provider covers the cost. There is an exception for price supplements: the service provider can charge for work and materials that were not included in the price and that would have been necessary even if the job had been done correctly the first time. In other words, the consumer cannot get a free upgrade under the guise of repair of the defect.

This section is at the centre of the claims available when there is a defect. § 21 gives the overview, and § 24 is the first claim. If the defect is not repaired, price reduction (prisavslag) in § 25 and cancellation of the contract (heving) in § 26 come into play, and § 23 lets the consumer withhold payment (holde betalingen tilbake) in the meantime. The rules on notice of complaint (reklamasjon) in § 22 must also be followed.

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