§ 8. The seller's duties in a shipment purchase (sendekjøp)

When a seller sends goods to you, they must arrange the transport in a sensible way. If they do not take out insurance themselves, they must give you what you need to do it. And the package must be marked so that it is clear that it is for you.

The Sale of Goods Act (Kjøpsloven)·LOV-1988-05-13-27

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The text of the law (unofficial translation)

(1) If the seller is to arrange for the goods to be sent, he is obliged to enter into the agreements needed to have them transported to the place of destination in a suitable manner and on the usual terms for such transport.

(2) If the seller is not to take out transport insurance (transportforsikring) for the goods, he must, when the buyer (kjøper) asks for it, provide the information the buyer needs to be able to take out insurance.

(3) If the seller hands the goods over to a carrier (fraktfører) without it being clearly apparent from markings, from a transport document (transportdokument) or in some other way that they are intended for the buyer, the seller must give the buyer such notice as makes it clear what he is to receive.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 8

What does this mean?

Even though the risk (risiko) passes to you in a shipment purchase (§ 7), the seller (selger) has some duties they must fulfil. There are three:

1. Choose sensible transport (first paragraph): The seller cannot send a grand piano as ordinary parcel post. They must choose a means of transport that suits the goods and is normal in the industry — "in a suitable manner and on the usual terms".

2. Help with insurance (second paragraph): If you as the buyer are to insure the goods yourself, the seller must give you the information you need — carrier, route, value, delivery time (leveringstid). Otherwise you cannot take out insurance.

3. Mark the package clearly (third paragraph): The package must show that it is for you. If it does not, the seller must tell you what has been sent and how you can tell that it is your package. This is connected to § 14: the risk does not pass until the goods have been "identified" as yours.

Examples

Ingrid buys an antique cabinet from a small company in Trondheim for NOK 65,000. The seller offers to send it with a road freight service that carries less valuable goods in the same vehicle, without padding. That is not a "suitable manner" for an antique cabinet. Under § 8, the seller has a duty to choose a carrier that actually handles furniture and pads it properly — not the cheapest option.

Petter runs a small shop and buys an entire batch of T-shirts from a supplier for NOK 80,000. He wants to take out transport insurance himself. He asks the supplier about the carrier, the number of packages and the weight — and gets the information. Then he can take out insurance. If the supplier had refused to give the information, they would have breached § 8.

Common mistakes

  1. As a seller: choosing the cheapest shipping method without considering whether it suits the goods
  2. As a seller: forgetting to mark the package clearly — especially with batches of goods
  3. As a buyer: not asking for information to take out insurance and losing out when something happens
  4. Forgetting that breaching these duties can give grounds for compensation (erstatning) (§ 27)

What should you do?

If the seller sends the goods in an unsuitable way and they are damaged, you as the buyer may be entitled to compensation under § 27, even though the risk formally lay with you. You can also complain about the delivery (levering) itself. If the seller does not mark the package and you are unable to receive it, the risk does not pass (§ 14) — then it is the seller's problem.

As a buyer:

As a seller:

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