§ 60. If you do not specify the goods
If you are to decide details of the goods — form, dimensions, colour, other features — and do not do so within the agreed time or after the seller's reminder, the seller can choose himself based on what he assumes is in your interest. He must first tell you which specifications he will use and give you a reasonable deadline to change them.
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 buyer (kjøper) is to decide the form, dimensions or other features of the item and he does not do so at the agreed time or within a reasonable time after receiving a request from the seller (selger), the seller may do so himself in accordance with what he must assume is the buyer's interest. This does not prevent the seller from asserting other claims that he has.
(2) The seller must inform the buyer of the specifications he will use and give the buyer a reasonable deadline to change the specifications. If the buyer does not do this in time after receiving the seller's notice, the seller's specifications become binding.
What does this mean?
This section solves a practical problem. Many purchases of goods made to order (tilvirkningskjøp) require you to decide details — colour, size, model. If you do not decide, the whole delivery (levering) is held up.
The seller can choose for you (first paragraph): If you do not decide within the agreed time, or within a reasonable time after the seller's reminder, the seller can choose himself. He must choose based on what he must assume is your interest — not what is easiest or most expensive for him.
He can also assert other claims — typically compensation (erstatning) for your delay (forsinkelse).
Duty to give notice (second paragraph): The seller cannot just choose in silence. He must:
- Say which specifications he intends to use
- Give you a reasonable deadline to change them
If you do not reply within the deadline, his specifications become binding. You have then lost the chance to complain later — you are bound by what the seller chose.
Examples
Ingrid has ordered a custom-designed cabinet. She is to choose the colour before production. The seller asks for her choice, but Ingrid does not reply for three weeks. The seller writes: "If I do not get a colour within 7 days, I will use standard white." Ingrid does not reply. The seller uses white. Under § 60, Ingrid is bound by the choice — she cannot later complain about the colour.
Lars has ordered a shelf. He is to send the measurements. He does not do so. The seller sends a proposal based on a standard size — which he assumes is in Lars's interest — and gives Lars 5 days to change it. Lars does not reply. The shelf is made in the standard size. Lars must accept it — or pay extra if he wants a change.
Common mistakes
- Thinking that not deciding only means delay — the seller can also choose for you
- As a seller: choosing without giving notice first — can backfire if the buyer complains later
- Forgetting that the seller can also claim compensation in addition to simply going ahead
What should you do?
As a buyer:
- Decide quickly when the seller asks
- If you need time, give notice and agree on a new deadline
- If the seller sends a proposal, reply — otherwise it becomes binding
As a seller:
- Ask for specifications in writing
- If there is no response: send a proposal with a deadline
- Choose what you honestly believe is in the buyer's interest — not just the easiest option