§ 26. Cancellation of the purchase of goods made to order

If you have ordered something that is made especially for you, to your specifications, it is harder to get cancellation of the purchase (heving). You can only cancel if the delay (forsinkelse) means that the purpose of the purchase is "substantially defeated". The law protects the manufacturer, who would otherwise be left with a special item nobody else wants.

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)

If the purchase concerns an item that is to be manufactured specially for the buyer according to his instructions or wishes, and the seller therefore cannot dispose of the item in another way without substantial loss, the buyer may only cancel the purchase if the delay means that his purpose with the purchase is substantially defeated.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 26

What does this mean?

When someone makes something especially for you, such as a made-to-measure sofa, an engraved sign, custom-printed T-shirts or a CNC-cut part, they are left with something nobody else wants if you pull out. The law protects them against unreasonable cancellation of the purchase.

The main rule on cancellation of the purchase in § 25 is stricter here. You cannot cancel just because there is a delay of a few weeks, even if you have set an additional deadline (tilleggsfrist). You must be able to show that the purpose of the purchase is "substantially defeated".

Examples of when the purpose is defeated:

Examples of when it is probably not defeated:

So the law requires two things at the same time: that the item is made especially for you (so that the seller (selger) cannot sell it to others without a loss), and that the purpose is substantially defeated.

Examples

Sara has ordered a wedding cake from a confectioner for NOK 12,000, for delivery (levering) on 15 June, the wedding day itself. It is 16 June and there is still no cake. The purpose is clearly substantially defeated. The wedding is over. Sara can cancel the purchase straight away under § 26. She can also claim compensation (erstatning) for the cakes she had to improvise.

Tom has ordered a custom-fitted kitchen for NOK 280,000, with delivery agreed for 1 May. It is 1 July, two months late. Tom wants to cancel the purchase. If Tom is just annoyed about the delay, but the kitchen will still serve its purpose (a home kitchen), it is difficult to cancel under § 26. If, on the other hand, he is putting off moving in because the kitchen is not finished, and this costs him in rent or work, the purpose may be defeated. He should first set an additional deadline (§ 25 (2)) and document specifically how the delay affects him.

Common mistakes

  1. Thinking that the ordinary rule in § 25 on additional deadlines applies in full to special items — it does not
  2. Cancelling a special order without being able to show that the purpose is defeated — the seller can still demand payment
  3. Confusing "an annoying delay" with "a substantially defeated purpose"

What should you do?

As a buyer (kjøper):

As a seller (manufacturer):

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