§ 6. Collection purchase
A collection purchase (hentekjøp) is when you as the buyer (kjøper) collect the goods yourself. The goods are then only "delivered" once you have taken them over. The seller (selger) must keep them ready at their place of business (forretningssted), or wherever it was agreed that they are located.
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 goods shall be kept ready for collection at the place where the seller had their place of business (or, where applicable, their residence, cf. § 83) when the purchase was concluded. If the parties knew at the time of the purchase that the goods, or the stock or place of production from which the goods are to be taken, were at another place, the goods shall be kept ready for collection there.
(2) The goods are delivered when they have been taken over by the buyer.
What does this mean?
Collection purchase is the main rule in the Sale of Goods Act. If you have not agreed otherwise, the buyer is considered to be the one who collects.
The law answers two questions:
Where are the goods to be collected? As a main rule, from the seller — where the company or person is based. But: if you knew when the agreement was made that the goods were somewhere else (in a warehouse, on a farm, at a subcontractor), that place applies.
When are the goods "delivered"? Only when you have physically taken them with you. This is very important for risk (risiko) (§ 13): it is only on collection that responsibility for the goods passes from the seller to the buyer. If the seller's warehouse burns down the evening before you collect, that is the seller's problem — not yours.
Examples
Eva buys a used sewing machine from Petter via Finn.no for NOK 4,500. Petter lives in Drammen and the machine is in his attic. Eva lives in Oslo and agrees to come and collect it next Saturday. Between the purchase and the collection, Petter bears the risk for the machine. If there is a burglary at his house, or if the attic burns, he must either get an equivalent machine or pay Eva back. The risk only passes to Eva once she has loaded the machine into her car and driven off.
Marius runs a small market garden and buys a used tractor from an agricultural company in Oslo. Both know that the tractor is on a farm in Hedmark. Marius must then collect it there — not in Oslo. This is not stated in the agreement, but it followed from what the parties knew at the time of purchase.
Common mistakes
- Thinking the seller is responsible right up until you have got the goods home — the risk moves when you actually take them over
- Assuming the goods can be collected anywhere — as a main rule, it is the seller's address
- Not collecting on time and being surprised when the seller demands payment anyway (§ 13 second paragraph: the risk can pass if you are late)
What should you do?
If you as the buyer do not collect when you were supposed to, the risk can pass to you anyway (§ 13). You must then pay even if the goods are lost while they were waiting. In addition, the seller can claim compensation (erstatning) for their inconvenience (§ 55 and § 57).
- Agree clearly where the goods are to be collected — especially if they are not where the seller lives
- Agree on a time — or come quickly, so the risk moves
- Check the goods when collecting, before you leave — it is your last chance before the risk becomes yours
- Get a receipt showing that the goods have been taken over, and when