§ 74. Storing the goods with a third party
If you have a duty to take care of the goods (omsorgsplikt), either as a seller (selger) who could not deliver or as a buyer (kjøper) who rejects the goods, you can let a third party store the goods at the other party's expense. The condition is that the costs are not unreasonable. Once a properly chosen third party has taken over the goods, you are free of further responsibility.
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)
A party who is obliged to take care of the goods may let a third party store them at the other party's expense, provided the costs are not unreasonable. The party is free of liability when the custodian has been properly chosen and has received the goods.
What does this mean?
You do not have to be stuck with the goods yourself. You can hand over the storage to someone who looks after them professionally, typically a storage company.
Two conditions:
- Reasonable costs: You cannot hire the most expensive option and send the bill. Choose a sensible storage facility at market prices.
- Proper choice of third party: Choose a reputable operator, such as an established storage company or a well-known custodian. Not some shady friend.
The effect: Once the third party has taken over the goods, you are free of liability. If something happens while the goods are with the custodian, that is the custodian's responsibility (the custodian has a separate relationship with the owner of the goods).
In practice: this is a way to relieve the person who has the duty to take care of the goods. You do not run a warehouse; you pay someone who does.
Examples
Eva has sold a large industrial machine. The buyer does not collect it. The machine is in Eva's way, and she needs the space. Under § 74, Eva can rent storage space at a professional storage facility at the buyer's expense. She contacts a reputable storage company, gets quotes and chooses one at a reasonable price. Once the machine is at the storage facility, Eva is free of further responsibility for taking care of it, as long as she has chosen properly. The buyer must later cover the storage costs.
Marius has rejected a large consignment of goods he received by mistake. He has no space himself. He rents temporary storage space for NOK 4,500 a month from a local company. Under § 74, this is fine. He is free of liability once the consignment is with a properly chosen custodian. The seller must cover the costs.
Common mistakes
- Choosing the most expensive option, which may fall foul of the "unreasonable costs" rule
- Choosing an unreliable operator, which may fall foul of the "proper choice" requirement
- Thinking you free yourself just by saying "the goods are with someone else"; you must actually hand them over
What should you do?
- Get several quotes before choosing a storage facility
- Choose a reputable operator and check their reputation
- Document the handover with a written agreement
- Keep receipts for the costs
- Tell the other party where the goods are