§ 22. What you can claim in the event of delay

If the goods do not arrive or arrive too late, and it is not your fault, you have four possible claims: demand that the goods be delivered anyway, cancel the purchase and get your money back, claim compensation for your loss, and withhold your payment. You can combine the claims — demanding performance does not rule out compensation.

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

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)

(1) If the item is not delivered or is delivered too late, and this is not due to the buyer (kjøper) or circumstances on his side, he may, pursuant to §§ 23 to 29, demand performance (oppfyllelse), cancellation of the purchase (heving) and compensation (erstatning), and withhold the purchase price (kjøpesum) pursuant to § 42. His right to compensation does not lapse because he asserts other claims or because these cannot be asserted.

(2) If the seller (selger) does not otherwise fulfil his obligations under the purchase in time, the provisions on delay (forsinkelse) apply correspondingly as far as they are appropriate, but not § 25 (2) and (3).

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 22

What does this mean?

This is the gateway to everything about delay. When the seller does not deliver on time — and it is not your fault — you have four tools:

1. Demand performance (§ 23): Demand that the seller delivers anyway. You can uphold the purchase and insist on getting the goods.

2. Cancel the purchase (§ 25): Withdraw from the entire purchase, get back what you have paid, and buy the goods elsewhere.

3. Claim compensation (§ 27): Get the loss the delay caused you covered — without losing the right to other claims.

4. Withhold payment (§ 42): Do not pay what you owe until the seller delivers. You keep the money as leverage.

Important point: You can combine the claims. You can demand performance and at the same time claim compensation for the delay. Or cancel the purchase and claim compensation for the extra costs you incurred.

The second subsection makes the rules apply to the seller's other obligations as well — such as sending documents or giving notice of something. The delay rules then apply "as far as they are appropriate", with two exceptions: you cannot set an additional deadline (tilleggsfrist) and automatically cancel the purchase if it is only an ancillary obligation.

Examples

Kari has ordered a new bathtub from a small company for NOK 24,000. The agreed delivery (levering) was 1 April. It is now 1 May and nothing has arrived. Kari has already paid half. Kari has four options: insist on delivery, cancel the purchase and get NOK 12,000 back, claim compensation for extended tradesman costs, or withhold the rest of the payment. She can also combine them — for example cancel the purchase and claim compensation at the same time.

Ola runs a small workshop and has ordered spare parts from a wholesaler for NOK 18,000, with the delivery time (leveringstid) agreed for Thursday. It is Friday — no parts. He has a customer waiting and has to buy the parts elsewhere for NOK 21,000. Ola can both cancel the main purchase and claim the difference of NOK 3,000 as compensation under § 27 and § 68 (price difference in a replacement transaction).

Common mistakes

  1. Thinking you must choose between performance and compensation — you can have both
  2. Demanding cancellation of the purchase too early — it requires a material breach (vesentlig kontraktbrudd) or an additional deadline (§ 25)
  3. Forgetting to withhold payment — it is the strongest leverage you have
  4. As a seller: thinking you can avoid claims by delivering "soon"

What should you do?

Step by step when the seller is late:

  1. Send a written message — text message or email — stating that the goods are delayed
  2. Set an additional deadline if the agreement has not been clearly enough breached (§ 25 (2))
  3. Withhold your payment to the extent you are entitled to
  4. Consider a replacement purchase (dekningskjøp) and document the costs
  5. Formally cancel the purchase if the deadline passes
  6. Claim compensation for specific losses

Keep everything in writing. That is what counts if there is a dispute.

Related sections
All sections of the Sale of Goods Act →
Questions about this section
Tools for this