§ 50. You must cooperate in the purchase
As a buyer (kjøper), you have two obligations: to cooperate where it is reasonable that the seller needs your help to deliver, and to take over the goods — either by collecting or receiving them. If you forget or refuse, you are in breach of contract, and the seller can demand performance (oppfyllelse), cancellation of the purchase (heving) and compensation (erstatning).
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 shall a. provide such cooperation as may reasonably be expected of him to enable the seller to perform the purchase, and b. take over the item by collecting or receiving it.
What does this mean?
The Sale of Goods Act does not only place obligations on the seller. You, as the buyer, must also do your part. The Act mentions two obligations:
Cooperation (medvirkning) (letter a): You must do what can reasonably be expected of you so that the seller can deliver. Examples:
- Provide necessary information (measurements, specifications, delivery address)
- Show up at the agreed place at the agreed time
- Arrange any necessary permits or preparations
- Confirm specifications when the seller asks you to
The test is what is reasonable. You do not have to do the seller's job, but neither can you stay passive while he needs your response.
Taking over the goods (letter b): You must either collect or receive the goods. You cannot simply leave them with the seller or refuse to open the door for the courier.
Consequences if you fail: You are in breach of contract. The seller can demand performance, cancel the purchase, claim compensation and withhold delivery. The risk (risiko) can also pass to you (§ 13 second paragraph).
Examples
Marius orders custom-made doors for NOK 65,000. The seller asks for measurements and a choice of colour. Marius does not reply for two weeks. Delivery (levering) is delayed. Marius is in breach of his duty to cooperate under § 50 (a). The delay (forsinkelse) is his fault — the seller can claim compensation for specific losses and can still demand payment when the doors are ready.
Ingrid has bought a used kitchen machine from Tom for NOK 4,200. Collection is agreed for Wednesday. Ingrid does not turn up and does not reply to messages. Tom bears the risk for the goods only until the agreed collection. After Wednesday, the risk passes to Ingrid (§ 13). Tom can demand payment, or alternatively cancel the purchase or sell the machine to someone else and claim compensation if he does not get the same price.
Common mistakes
- Thinking the seller will "sort everything out" — you have your own obligations
- Forgetting that delay on your side shifts risk and costs
- As a seller: not saying that you are waiting for information from the buyer — document it
What should you do?
As a buyer:
- Respond quickly to enquiries from the seller
- Show up on time
- Provide necessary information clearly and in writing
- If you need to postpone, notify the seller
As a seller:
- Ask in writing for the information you need
- Document that you have asked
- Set a reasonable deadline for the buyer's reply