§ 34. Demand for repair of the defect and replacement
You can demand that the seller (selger) repairs the defect (mangel) without you paying for it, as long as it does not cost the seller an unreasonable amount. You can only demand a replacement (omlevering), meaning an entirely new item, if the defect is material and the goods can be replaced. If the seller does not do the job, you can fix it yourself and demand that the cost is covered.
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) The buyer (kjøper) may demand that the seller, at the seller's own expense, repairs a defect if this can be done without causing the seller unreasonable cost or inconvenience. The seller may instead make a replacement under § 36.
(2) The buyer may demand replacement when the defect is material. This does not apply if there is an obstacle or disproportion as mentioned in § 23. Nor can replacement be demanded when the purchase concerns a thing that exists at the time of the purchase and has such characteristics that, based on the parties' assumptions, it cannot reasonably be replaced with another.
(3) If the seller does not fulfil the duty to repair or replace, the buyer may claim compensation (erstatning) for reasonable expenses incurred in having the defect repaired.
What does this mean?
The law sets up a hierarchy for how a defect can be dealt with, and what you as the buyer can demand.
Repair of the defect (retting) (first paragraph): The main rule. You can demand that the seller repairs the fault at the seller's expense. Limitation: if the repair would cost the seller an unreasonable amount compared to what it is worth to you, the claim falls away. The seller can also choose to replace the goods instead of repairing them.
Replacement (second paragraph): Stricter requirements. Three conditions must be met:
- The defect must be material. Minor faults are not enough.
- There must not be an obstacle the seller cannot overcome, or a disproportion, meaning it would cost much more than it is worth.
- The goods must be replaceable with another item. You cannot demand replacement of a unique item, such as a particular painting, a specific used car or an antique piece of furniture.
Repairing it yourself (third paragraph): If the seller does not do the job, neither repairing nor replacing, you can fix the defect yourself and demand that the cost is covered. You must keep to "reasonable expenses". Do not go to the most expensive repairer out of anger.
Comparison: Repair of the defect or replacement?
| Situation | Right to repair of the defect | Right to replacement |
|---|---|---|
| Small fault, easy to repair | Yes | No |
| Material fault, goods can be replaced | Yes | Yes (you can choose) |
| Unique goods (art, antiques, used one-of-a-kind items) | Yes | No |
| Unreasonable cost of repair | No | Assessed case by case |
| The seller does not respond | Yes, and you can fix it yourself | Yes |
Examples
Lars buys a new dishwasher for NOK 8,500 from a smaller retailer. The machine leaks. A repair is estimated to cost NOK 1,200. Lars can demand repair of the defect under § 34 (1). The cost is reasonable compared to the value of the goods, so the seller cannot refuse. If the defect is so serious that the machine does not work at all, Lars can also demand a replacement under § 34 (2). He cannot demand this if the leak is small.
Anne buys a handmade vase from an artist for NOK 12,000. The vase has a defect: a crack. Anne wants a new one. Anne cannot demand a replacement, even if the defect is material. The vase is unique (§ 34 (2): it cannot "reasonably be replaced with another"). Anne has to make do with repair of the defect (if possible), a price reduction (prisavslag) or cancellation of the purchase (heving).
Tom has ordered a special component for NOK 15,000. It is faulty. He contacts the seller in writing several times, with no response. In the end he gets another workshop to fix the component for NOK 4,000. Under § 34 (3), Tom can demand that this NOK 4,000 is covered. He must be able to show that the cost was "reasonable", meaning a fair level, not premium-priced.
Common mistakes
- Demanding a replacement for small faults, and being refused
- Taking the goods straight to a repairer without giving the seller a chance; the seller has the right to try first (§ 36)
- Believing a replacement can always be demanded; this is wrong for unique goods
- Forgetting that the "repairing it yourself" claim requires that the seller has actually been in breach of contract (mislighold)
What should you do?
Step by step:
- Give notice of complaint (reklamasjon) in writing (§ 32) and describe the defect
- Ask for repair of the defect or replacement, and be specific
- Set a reasonable deadline, typically 14-30 days
- If nothing happens: send a reminder and set a new deadline
- If still nothing happens: fix it yourself (reasonable costs) and demand that the cost is covered
- Keep documentation: receipts, communication, photos
Rule of thumb: Give the seller at least one chance before you do anything yourself. It strengthens your claim.