§ 11. Who pays for what before delivery?
The seller (selger) pays all expenses relating to the goods until they have been delivered. Storage, maintenance, transport to the place of delivery — all of that is at the seller's expense. But if you as the buyer (kjøper) delay the delivery (levering) — for example by not collecting when you were supposed to — you must pay the extra costs that arise because of you.
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)
The seller bears the costs of the item until it has been delivered. This section does not apply to costs arising from the delivery being delayed due to circumstances on the buyer's side.
What does this mean?
The rule has two parts and is quite simple:
Main rule: Until the goods have been delivered (under §§ 6-7), the expenses are the seller's. Are the goods kept in a warehouse? The seller's cost. Do they need maintenance? The seller's cost. Do they need to be transported to the collection point? The seller's cost.
The exception: If the delivery is delayed because you as the buyer do not do what you are supposed to — not collecting, not paying, not providing necessary information — you must pay the extra costs this causes. Then the storage rent suddenly becomes your expense.
As for the shipping cost itself in a shipment purchase (sendekjøp), it is common for the buyer to pay for the shipping — but this is something the parties agree on. § 11 is about costs relating to the goods themselves before they are delivered, not shipping as such.
Examples
Eva buys a used fridge from Petter for NOK 3,500. They agree that she will collect it at the weekend. Eva keeps putting it off. After three weeks, Petter has to move the fridge to a mini storage unit because he is renovating — it costs NOK 800 a month. Under § 11, Eva must cover these NOK 800. It is her delay that has caused the expense. Petter can demand that it be covered, or deduct it if she comes and settle any disagreement later.
Ola runs a small firm and sells a specialised machine to a company for NOK 250,000. The machine is ready, but the buyer is having trouble with the payment and asks Ola to "hold on to it for a bit". Ola has to rent extra storage space for four weeks. Ola can demand that the extra storage costs be covered — together with any other claims under § 55 (cancellation of the purchase (heving)) and § 57 (compensation (erstatning)).
Common mistakes
- As a buyer: thinking the seller simply has to hold on to the goods "for free" for as long as you like
- As a seller: forgetting to document the extra costs you incur because of the buyer's slowness
- Thinking that the seller is obliged to cover shipping costs regardless — shipping is agreed between the parties
What should you do?
As a seller:
- If the buyer causes a delay: send written notice and document when and where the goods are kept
- Keep receipts for extra storage rent, transport or maintenance
- See also § 72 on the seller's duty to take care of the goods (omsorgsplikt) and § 75 on compensation and security for costs
As a buyer:
- Collect or receive the goods at the agreed time
- If you have to postpone: ask the seller about the cost of the postponement — and pay what was agreed