§ 75. Covering the costs of taking care of the goods
If you take care of the goods at the other party's expense, you are entitled to have reasonable costs covered. You can keep the goods until the costs are covered, or until adequate security (betryggende sikkerhet) has been provided. This means you are in a strong position: do not hand over the goods until you have received what you are owed.
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 person who takes care of the goods at the other party's expense is entitled to have the reasonable costs of doing so covered. He may keep the goods until the costs are covered or adequate security is provided.
What does this mean?
When you have paid costs for taking care of the goods, you should not be left with the bill. The law gives you two tools:
Covering of costs: You are entitled to have "reasonable" costs covered. This means fair, documented expenses. You cannot charge double the price and demand that it be covered.
Examples of costs that can be covered:
- Storage rent
- Transport to storage
- Insurance during the period
- Electricity for refrigeration where necessary
- Maintenance
Right of retention (tilbakeholdsrett): You can keep the goods until the other party pays, or provides adequate security. You do not hand over the goods until you have received money or security.
This is a strong right. Think about it: if a buyer (kjøper) who has not collected the goods suddenly shows up and wants them, the seller (selger) can say: "First NOK 12,000 in storage costs, then you get the goods."
Examples
Tom has sold a refrigerator that the buyer never collected. It has been at Tom's for four months, and he has paid NOK 2,400 in storage rent at a mini-storage facility. When the buyer finally turns up, Tom can, under § 75, demand NOK 2,400 before he hands over the refrigerator. He has a right of retention. If the buyer refuses, Tom can eventually sell the refrigerator under § 76 and deduct the costs.
Eva has rejected a consignment of goods and rented storage for NOK 18,000 over three months. The seller demands the consignment back. Under § 75, Eva can require the seller to pay NOK 18,000, or provide a bank guarantee (bankgaranti), before she hands over the goods. Her right of retention is a real bargaining chip.
Common mistakes
- As a seller: giving the goods back before the costs are covered, which means you have lost your bargaining chip
- Demanding unreasonably high costs: you must show that they were "reasonable"
- Forgetting to document the costs
What should you do?
- Keep receipts for all costs of taking care of the goods
- Calculate the costs as you go, do not wait until the end
- Send your claim in writing with an itemised breakdown
- Use your right of retention before you hand over the goods