§ 77. Other ways to dispose of the goods
If you have the right to sell the goods under § 76, but they cannot be sold, or the sale proceeds would not cover the costs of selling, you can dispose of them in a responsible way (throw them away, give them away, take them for recycling). The other party must be notified in advance if possible.
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 a party has the right to sell the item under § 76, but it cannot be sold, or it is clear that the proceeds of the sale would not cover the costs of selling, the party may dispose of it in a responsible manner. The other party shall, as far as possible, be given notice.
What does this mean?
Some goods are simply not worth selling. They may be rubbish, or something nobody wants. The law says: in that case, you can get rid of them in a responsible way.
Conditions: You must have the right under § 76, meaning a duty to take care of the goods (omsorgsplikt) and one of the situations that allow a sale.
What "cannot be sold" means: There is no market; nobody will buy.
What "would not cover the costs" means: You would end up with a loss even after the sale. Then there is no point.
"Responsible manner": Ordinary disposal, recycling, donation, whatever naturally suits the goods. You cannot, for example, illegally dump environmentally hazardous waste.
Notice: The other party must be notified in advance, if possible, before you dispose of the goods. This gives them the chance to collect the goods themselves.
Examples
Marius has a duty to take care of a consignment of textiles that was water-damaged at his premises. He has notified the seller (selger), who does not respond. The market value of the consignment is close to zero; it is only good for rags. Under § 77, Marius can take it for recycling or donate it. He first notifies the seller in writing: "If the consignment is not collected within 14 days, it will be disposed of at your expense." After the deadline he disposes of it in a responsible way and documents what was done.
Eva has a rejected batch of electronic equipment that has become outdated. It cannot be sold. She contacts a specialist electronics recycling company and pays NOK 1,500 to dispose of it responsibly. Under § 77 this is fine. She can claim the cost from the other party, and the disposal itself is responsible (lawful disposal of electronic waste).
Common mistakes
- Disposing of goods illegally: it is not "responsible" if it breaks waste regulations
- Forgetting to notify the other party first
- Believing you must sell even when it clearly does not pay
What should you do?
- First consider a sale under § 76
- If a sale is not possible: document why (lack of interest, price estimates that do not cover the costs)
- Notify the other party in writing with a deadline
- Dispose of the goods responsibly, following the rules on recycling, the environment and donation
- Keep documentation of how you disposed of the goods