§ 35. Notice of a claim for repair or replacement
When you give notice of complaint (reklamasjon) about a defect (mangel), you must also say that you are claiming repair of the defect (retting) or replacement (omlevering), either straight away or shortly afterwards. If you wait too long, you lose that specific type of claim, but you may still have other claims. Exception: if the seller has been dishonest or grossly negligent.
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)
The buyer (kjøper) loses his claim for repair of the defect or replacement if he does not notify the seller (selger) of the claim together with the notice of complaint under § 32 or within a reasonable time thereafter. The buyer nevertheless retains the claim if the seller has acted with gross negligence (grov uaktsomhet) or otherwise contrary to honesty and good faith (redelighet og god tro).
What does this mean?
It is one thing to say "the item has a fault". It is another to say "I demand that you fix it". The law requires you to do both, preferably at the same time.
The timing: Together with the notice of complaint, or within a "reasonable time" afterwards. What is reasonable depends on the item and the situation, but you should act quickly. A few days to a couple of weeks is normally safe.
Consequence if you are slow: You lose the claim for repair of the defect or replacement specifically. But you may still be entitled to a price reduction (prisavslag) (§ 38), cancellation of the purchase (heving) (§ 39) and compensation (erstatning) (§ 40). These have their own deadlines.
Exception for dishonesty: If the seller has been grossly negligent or has acted contrary to good faith, the deadline does not apply. You can then still claim repair of the defect or replacement, in line with § 33.
Why does this rule exist? The seller needs to know what you actually want. Should he get a new item, send a technician, or just give a price reduction? He cannot plan if you do not specify.
Examples
Petter buys a used car for NOK 75,000 and discovers after two weeks that the brakes have a defect. He writes to the seller: "The brakes are faulty — we need to talk about this." That is a notice of complaint, but not a specific claim. Two months later, Petter writes: "I want you to replace the car." Too late — Petter has lost the claim for replacement under § 35. He can still claim a price reduction or cancellation of the purchase, but that is a different route. Lesson: make a specific claim from the start.
Anne buys a dishwasher and discovers that it does not dry as promised. She writes: "I am giving notice of complaint that the dishwasher does not dry. I demand that it be repaired within 14 days. If that is not possible, I demand replacement." This is a clear notice of complaint with a clear claim. The seller knows exactly what he has to do.
Common mistakes
- Complaining without specifying which claim you are making
- Switching claims back and forth — "first I wanted repair, then replacement, then a price reduction"
- Thinking "repair and replacement" are the same — they are two different claims
- Forgetting that other claims (price reduction, cancellation of the purchase) have their own rules if you lose these
What should you do?
When you send a notice of complaint:
- Describe the defect specifically
- State clearly what you are claiming: repair, replacement, price reduction, cancellation of the purchase — or several alternatives in order of priority
- Set a deadline: typically 14 days
- Keep documentation
Template:
"I hereby give notice of complaint regarding [item] purchased [date]. The defect is [specific description]. My primary claim is [repair / replacement] by [date]. In the alternative, I claim [price reduction / cancellation of the purchase]. I reserve the right to claim compensation."