§ 30. What you can claim when there is a defect

When the item has a defect (mangel), you have six possible responses: claim repair of the defect (retting), claim replacement (omlevering), claim a price reduction (prisavslag), cancel the purchase (heving), claim compensation (erstatning), and withhold payment. You can combine them. Claiming one thing does not prevent you from claiming something else — especially not compensation, which can always be added.

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 there is a defect and this is not due to the buyer (kjøper) or circumstances on his side, he may, in accordance with §§ 31 to 40, claim repair of the defect, replacement, price reduction, cancellation of the purchase and compensation, and withhold the purchase price (kjøpesum) in accordance with § 42. His right to compensation does not lapse because he asserts other claims or because these cannot be asserted.

(2) For other faults in the seller's (selger) performance (oppfyllelse), the rules on defects apply as far as they are appropriate.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 30

What does this mean?

This is the central section for everything to do with defects. When the item is not as it should be (under § 17, § 18 or § 19), the law gives you six tools:

1. Repair of the defect (§ 34): The seller repairs the fault. You keep the item.

2. Replacement (§ 34): The seller gives you a new item. The old one goes back.

3. Price reduction (§ 38): You keep the item but pay less — in proportion to how much worse the item is.

4. Cancellation of the purchase (§ 39): The purchase is cancelled. You return the item and get your money back.

5. Compensation (§ 40): You are covered for specific losses caused by the defect — regardless of whether you claim anything else.

6. Withhold payment (§ 42): If you have not paid in full, you can withhold enough to secure your claims.

Combine freely: Compensation can always be added to other claims. If the seller repairs the defect but you have had specific losses, you can still claim to have them covered.

Other faults also count (second subsection): If the seller has committed a breach of contract (mislighold) concerning something other than the item's properties themselves — for example missing documentation, guarantee (garanti) papers, an instruction manual or anything else that belongs with it — the rules apply "as far as they are appropriate".

Comparison: Which claim fits best?

SituationBest claim
The item works but has minor faultsPrice reduction or repair of the defect
The item does not work but can be repairedRepair of the defect
The item is faulty throughoutReplacement
The defect is so serious that the item is uselessCancellation of the purchase
The defect caused you specific costsCompensation (in addition)
You have not paid yetWithhold payment (in addition)

Examples

Tom has bought a racing bike for NOK 45,000 from a private seller. It turns out the gear system is broken. Repair costs NOK 8,000. Tom has several options: repair of the defect (the seller pays), a price reduction of NOK 8,000 and fixing it himself, cancellation of the purchase (difficult if the defect is not material), or compensation for extra costs such as a rental bike. The practical choice is often a price reduction or repair of the defect. Tom can also combine them — for example repair of the defect + compensation for the rental cost.

Anne buys a sofa where the agreement included arm protectors. The sofa arrives without them. This is not a "fault in the item" as such, but a missing component. Under § 30 (2), the rules on defects apply "as far as they are appropriate". Anne can claim performance (the missing part delivered), a price reduction (if it cannot be obtained), or possibly cancellation of the purchase if the sofa does not fulfil its function without it.

Common mistakes

  1. Thinking you must choose one claim — you can combine them
  2. Complaining too late (§ 32 on the deadline for complaints (reklamasjonsfrist))
  3. Forgetting to claim compensation in addition
  4. Claiming cancellation of the purchase for small faults — that requires a material defect
  5. Thinking the seller must accept "repair of the defect" — the seller actually has the right to repair first (§ 36)

What should you do?

Step by step when there is a defect:

  1. Give notice of complaint (reklamasjon) quickly (§ 32): a written message about what is wrong
  2. Choose your claim: what fits best in your situation
  3. Give the seller the opportunity to repair/replace (§ 36 — the seller has a certain right to do so)
  4. Withhold payment to the extent you have a claim
  5. Document everything: photos, receipts, communication
  6. Claim compensation for specific losses

Common combination: repair of the defect + compensation, or price reduction + compensation.

Frequently asked questions

Can I just be done with the seller and buy a new one elsewhere?
Yes — that is cancellation of the purchase. But you must show that the defect is material, or have given the seller the opportunity to repair the defect first. And the seller normally has the right to try to repair before you can cancel.
Do I get full compensation if the item was expensive?
You get compensation for the loss you have suffered, not for the price of the item. You get the price back through cancellation of the purchase — compensation is for what came on top.
Related sections
All §§ in the Sale of Goods Act →
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