§ 72. The seller's duty to take care of the goods
If you as the buyer (kjøper) do not collect or accept the goods in time, the seller (selger) must still take care of them — at your expense. This means he cannot simply throw them away or leave them out in the rain. He must take reasonable care, and you must cover the costs later.
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)
If the buyer does not collect or accept the goods at the right time, or circumstances on his side have otherwise meant that they have not been handed over to him, the seller shall, at the buyer's expense, take such care of the goods as is reasonable in the circumstances, provided he has the goods in his custody or is otherwise able to look after them.
What does this mean?
Even if you as the buyer fail to do your part, the seller cannot simply let go of the goods. The law requires him to continue to act responsibly.
The duty: If the goods cannot be handed over to you — because you do not collect them, do not accept them, or circumstances on your side prevent the handover — the seller must take "reasonable care" as long as he has the goods.
At your expense: It is not the seller's cost — it is yours. He can demand that you cover expenses for storage, maintenance, transport to a warehouse and so on (see § 75).
"Reasonable in the circumstances": The standard is what is sensible in the situation. A cheap item does not need the same attention as a valuable one. Perishable goods must be handled more carefully than durable ones.
When does this apply? When you are in default — you should have collected the goods, but you do not. Or you have said that you do not want the goods. The risk (risiko) then passes to you (§ 13), but the seller still has a responsibility not to let the goods be lost.
Examples
Marius has bought a fridge from Tom for NOK 6,500. Collection was agreed for Sunday. Marius does not show up and does not reply to messages. Tom cannot simply throw the fridge away. Under § 72 he must take reasonable care — at Marius's expense. He can move it into a storage room, cover it with a tarpaulin, perhaps rent storage space. Tom can later demand that storage and other costs be covered (§ 75). If Marius does not come, Tom can eventually sell the fridge (§ 76) and deduct the costs.
Anne has ordered a large machine for NOK 280,000. It is delivered on the agreed day, but she has forgotten about it. The machine stands outside in the rain. Anne comes a week later — the machine is rusty and does not work. Under § 72 the seller had a duty to take care of it. If he simply left the machine outside without notifying her or moving it, he has breached the duty to take care of the goods (omsorgsplikt) — and may be liable for the damage, even though the risk was in principle with Anne (§ 13).
Common mistakes
- As a seller: leaving the goods without doing anything — breaches the duty to take care of the goods
- As a buyer: thinking the seller can throw the goods away if you do not come — he cannot
- Forgetting that the duty to take care of the goods comes with costs that the buyer pays
What should you do?
As a seller:
- If the buyer does not show up: document it with photos, time and place
- Put the goods somewhere safe
- Send the buyer a written notice
- Follow up with debt collection (inkasso) or a sale after a reasonable time
- Keep receipts for all costs
As a buyer:
- If you are delayed: notify the seller immediately
- Understand that storage and care cost money — and the bill will be yours