§ 17. When are the goods defective?

The goods have a defect (mangel) if they are not as agreed — in quantity, quality, characteristics or packaging. If nothing specific has been agreed, the goods must be usable for what they are normally used for. They must also suit your particular purpose if the seller (selger) knew what you would use them for. If the seller has shown you a sample or model, the goods must match it.

the Sale of Goods Act (Kjøpsloven)·LOV-1988-05-13-27

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The text of the law (unofficial translation)

(1) The goods shall conform to the requirements as to type, quantity, quality, other characteristics and packaging that follow from the contract.

(2) Unless otherwise follows from the contract, the goods shall: a. be fit for the purposes for which goods of the same kind would ordinarily be used; b. be fit for any particular purpose which the seller knew or ought to have known of when the purchase was concluded, except where the circumstances show that the buyer (kjøper) did not rely, or that it was unreasonable for the buyer to rely, on the seller's skill and judgement; c. possess the characteristics which the seller has referred to by presenting a sample or model; d. be packaged in the usual manner or in another adequate manner needed to preserve and protect the goods.

(3) The goods are defective if they do not conform to the requirements of this section.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 17

What does this mean?

This is the foundation of the whole concept of defect in the Sale of Goods Act. When do the goods have a fault that the seller is responsible for? The law sets out two levels:

The agreement first (first paragraph): What you have agreed applies. If you said "20 red-painted chairs", there must be 20, they must be red, and they must be chairs — not 18 grey sticks.

If the agreement says nothing (second paragraph): The law adds four minimum requirements:

(a) Ordinary use: The goods must be fit for what similar goods are used for. A bicycle must be rideable. A kitchen machine must be able to mix food.
(b) Particular purpose: If you told the seller what you will use the goods for, and the seller has expertise in the area, the goods must be fit for that purpose. If you said "I need a laptop for video editing", you cannot be handed an office laptop.
(c) Sample or model: If the seller has shown you an example, the goods must be like it. Fabric sample, demo car, product sample — the goods must match.
(d) Packaging: The goods must be packaged in a way that protects them.

If the goods do not meet any one of these requirements, there is a defect. You can then make claims under §§ 30 onwards.

Comparison: Defect or not?

Situation	Defect under § 17?
The washing machine takes 10 kg, the agreement said 8	No — it is better, not worse
The sofa arrived without the agreed cover	Yes — not in line with the agreement
The used car is slightly worn	Depends on the purchase price (kjøpesum) and what it was reasonable to expect
The fridge is noisier than normal	Yes, if it affects ordinary use
The seller knew you needed it for X, but the goods are not suitable	Yes

Examples

Lars owns a small farm and buys a used tractor from a dealer for NOK 220,000. He explains that it will be used to carry stacks of firewood and clear snow on narrow paths. The seller recommends a model. When Lars gets it home, it turns out the tractor is too heavy for the paths and digs into the ground. It is not fit for the "particular purpose" Lars had explained and that the seller knew about. This is a defect under § 17 (2) letter b. Lars can demand replacement (omlevering), a price reduction (prisavslag) or cancellation of the purchase (heving).

Ingrid orders a custom-made sofa based on a fabric sample she was shown at the dealer. When the sofa arrives, the fabric is a different colour and clearly smoother than the sample. Under § 17 (2) letter c, the fabric must be like the sample. This is a defect. Ingrid can demand replacement or a price reduction.

Common mistakes

Thinking every small annoyance is a defect — it must fall short of the agreement or ordinary use
Forgetting to tell the seller what the goods will be used for — then you are not entitled to "particular purpose" protection
Confusing personal taste with a defect — the goods must be objectively inadequate
As a seller: making verbal promises you cannot stand behind — they become part of the agreement (§ 17 first paragraph)

What should you do?

As a buyer:

Be specific about what you need the goods for
Ask for a sample or model for specialised goods
Get the agreement in writing if there is something specific you expect
Check the goods on delivery (levering) (§ 31)

As a seller:

Be honest about what the goods can and cannot do
Show a sample that actually represents what you will deliver
Do not make promises you cannot keep

Frequently asked questions

Is it a defect if the goods simply do not match what I had in mind?

Only if what you had in mind was agreed, or if the seller should have understood it. A gut feeling is not enough. The agreement, ordinary use, or a documented particular purpose is what counts.

The seller said the goods were "top quality", but I am not satisfied. Is it a defect?

"Top quality" is an opinion, not a specific characteristic. If the goods are normal for their price, it is hard to succeed. But if it was a measurable promise (e.g. "at least 200 hours of battery life") and it is not true, it is a defect.

Related sections

All §§ in the Sale of Goods Act →

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