§ 28. The seller's duty to give notice of delay
If the seller is prevented from delivering on time, he must tell you about the obstacle and how it affects the delivery (levering). If you do not hear from him within a reasonable time after the seller should have known about the problem, you can claim cover for the loss you could have avoided if you had been notified.
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 seller (selger) is prevented from performing the purchase at the right time, he shall give the buyer (kjøper) notice of the obstacle and its effect on the ability to perform. If the buyer does not receive such notice within a reasonable time after the seller became or should have become aware of the obstacle, the buyer may claim compensation (erstatning) for loss that could have been avoided had he received the notice in time.
What does this mean?
The seller has a duty: as soon as he realises the goods will arrive late, he must say so. And this must happen within a reasonable time — not the week before the agreed delivery date, but when the problem actually arises.
Two parts:
- The duty: Give notice of the obstacle and how it affects the delivery. You must be told what is happening and how long it is expected to take.
- The consequence of failing to do so: If you are not told in time, you can claim compensation for the loss you could have avoided if you had been told. Think about it: had you known the machine would be a month late, you could have rented something else. The extra cost you had because you waited without knowing — you can claim cover for that.
This applies regardless of whether the seller otherwise has a valid reason for the delay (forsinkelse) (§ 27). Even if the seller escapes liability for the delay itself, he may have to pay compensation for not giving notice in time.
Examples
Marius runs a small company that makes furniture. He has ordered oak from a supplier, with delivery agreed for 1 March. The supplier runs into problems in February but says nothing. Marius plans production based on delivery on 1 March and commits to a customer order. Only on 5 March does the supplier say: "We can't deliver before 1 May." Marius now has to tear up his plans and pay a daily penalty to his customer — NOK 15,000. Under § 28, Marius can claim compensation for this NOK 15,000. Had he been told in February, he could have changed his plans early and avoided the daily penalty.
Anne has ordered a custom-designed lamp. On 1 April, the seller is told by the manufacturer that there will be a two-week delay. The seller sends a message to Anne the same day. Anne can therefore make her own adjustments and avoid unnecessary costs. The seller has fulfilled his duty under § 28 and is not liable for losses Anne could have avoided with proper notice.
Common mistakes
- As a seller: thinking you can wait until the last minute to give notice — you must give notice within a reasonable time after you should have known
- As a seller: thinking that failing to give notice has no consequence if you otherwise have a valid obstacle — wrong, you can still be liable to pay compensation
- As a buyer: forgetting to document when the seller actually gave notice (or should have)
- As a buyer: thinking you have no claim because the delay was "unavoidable" — you may still be entitled to compensation for the missing notice
What should you do?
As a seller:
- Keep track of suppliers and logistics
- Speak up as soon as you see things may go wrong — don't wait until the date
- Written notice is the safe option
- Explain both the obstacle and the expected new time
As a buyer:
- If the seller doesn't get in touch, contact them yourself — that documents the communication
- When the delay is discovered, ask when the seller knew about the problem
- Calculate what you could have avoided with earlier notice
- Claim compensation in writing