§ 43. Defect in only part of the goods
If only part of the goods has a defect (mangel), the rules on defects apply to that part. You can only cancel the whole purchase if the breach of contract (kontraktbrudd) is material for the entire delivery. If the seller must be assumed to have finished delivering even though something is missing, this is treated as a defect.
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 the seller's breach of contract concerns only part of what was sold, the rules in this chapter apply to that part. The buyer may cancel the purchase in its entirety when the breach of contract is material for the purchase as a whole.
(2) If, in the circumstances, the seller must be assumed to have completed its delivery even though not everything has been delivered, the rules on defects apply.
What does this mean?
You have ordered 100 chairs. 80 are perfect, 20 have faults. What now?
The rules on defects apply to the part that is wrong (first paragraph): The 20 chairs give rise to claims — repair of the defect (retting), replacement (omlevering), price reduction (prisavslag) for those chairs, cancellation of the purchase (heving) for those chairs, compensation (erstatning).
Cancellation of the whole purchase: You can only cancel the whole purchase if the defect in 20 chairs makes the whole order pointless. If you need all 100 for an event and 80 are not enough — it may be material. If you need them for separate uses — probably not.
Completed delivery (second paragraph): If the seller (selger) has assumed that he is finished delivering, but things are missing — for example 5 chairs were missing, but the seller has finished — it is treated as a defect. You have the same claims.
Examples
Ingrid has ordered 50 office chairs. 45 are delivered in perfect condition, 5 are damaged. The notice of complaint (reklamasjon) shows that the five must be replaced. Ingrid is entitled to replacement of the five under § 43 (1). She cannot cancel the whole delivery — the 45 perfect chairs are still usable. If she had ordered the chairs for a specific event where she needs all 50 on the same day, and the seller does not manage to replace them in time, the purpose of the whole purchase may be materially defeated — and she can cancel everything.
Marius has ordered a new kitchen — cabinets, worktop, sink, dishwasher. The cabinets and worktop arrive in perfect condition. The sink is the wrong colour, and the dishwasher is missing wheels. Marius can demand repair of the defect or replacement for the parts that are wrong. He cannot cancel the whole purchase — the cabinets work. He may be entitled to a small price reduction or compensation if it causes inconvenience.
Common mistakes
- Demanding cancellation of the whole order for small defects in some parts
- Forgetting that you may be entitled to different remedies for different parts
- Thinking it is "all or nothing" — the law is more nuanced
What should you do?
- Specify exactly which parts have a defect
- Make the corresponding claim — repair of the defect, replacement — for each part
- Consider whether the defect affects the use of the rest
- Cancelling everything requires material significance for the whole