§ 24. Repair of the defect
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 consumer (forbruker) can demand repair of the defect (retting) when this is not unreasonable for the service provider (tjenesteyter).
- The service provider can also repair on their own initiative if this does not cause significant inconvenience.
- The repair must be done within a reasonable time after the complaint.
- The service provider bears the cost, except for things that were not included in the price.
The text of the law (unofficial translation)
§ 24. Repair of the defect
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.
- § 21Your claims when the service has a defect
- § 25Price reduction for a defect
- § 22Notice of complaint: how quickly you must report a defect
- § 23Withholding payment for a defect
- § 26Cancellation of the contract for a defect