§ 82. When a notice counts as sent in time
If you send a notice under the Act (notice of complaint (reklamasjon), claim, warning) in a reasonable way, it counts as sent in time — even if it is delayed, arrives with errors or is lost in transit. The risk (risiko) that the notice arrives lies with the recipient, not the sender.
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 gives notice in accordance with the Act and sends it in a manner that is reasonable in the circumstances, and nothing else follows, the sender may claim that the notice was given in time even if delay or error occurs during transmission or the notice does not reach the other party.
What does this mean?
Think of all the deadlines in the Sale of Goods Act — notices of complaint, warnings, notices of cancellation of the purchase (heving), claims. These must be sent within a reasonable time. But what if the post makes a mess of it, or the email ends up in spam?
The Act protects the sender: If you have sent the notice in a reasonable way and within the deadline, it counts as given in time — even if it:
- Is delayed on the way
- Arrives with errors
- Never arrives
Conditions:
- You have sent it in accordance with the Act (the right type of notice, the right content)
- You have sent it in a reasonable way — a normal channel, reasonable certainty that it will arrive
- Nothing else follows (typically: no contract clause saying the notice must be received)
Practical consequence: The risk of the transmission lies with the recipient. If he does not receive the notice, he must deal with it as if he had received it.
"Reasonable way" in 2026: Email is usually reasonable. Text message for smaller matters. A letter by post for formal communication. A registered letter for critical notices gives the most certainty.
Examples
Eva has bought a sewing machine and discovers a defect (mangel) within the deadline for complaints (reklamasjonsfrist). She sends an email to the seller (selger) on 5 June. The seller never sees the email — it ends up in the spam folder and is deleted after 30 days. Under § 82, Eva has still given notice of complaint in time. Email is a reasonable channel, and the content is in accordance with the Act. Even though the seller has not seen the notice, the notice of complaint counts as given on 5 June. Lesson: Eva should still follow up if she gets no reply — to move things forward in practice, not to secure the deadline.
Tom sends a cancellation letter by ordinary post. The letter disappears in the post — the seller never gets it. Under § 82, Tom has cancelled the purchase in time. But here it is important that Tom can document that he sent it. An ordinary letter is riskier than a registered one. Tom should have a receipt for the sent letter, take a photo of the envelope and the contents, or also send an email. Reasonable sending + documentation of sending = protection under § 82.
Common mistakes
- Relying on "I sent an email" without documenting it
- Using unusual channels — Snapchat, a comment on social media
- Believing that if the seller does not reply, the notice was never sent — § 82 says no
What should you do?
When you send important notices:
- Choose a reasonable channel: email, letter, registered letter (rekommandert brev), text message
- Document the sending: screenshot, receipt, postal receipt
- Confirm receipt if possible — ask for a response
- For critical notices: use several channels — both email and letter, or a registered letter
Template for safe sending:
Email with confirmation: "Please confirm receipt of this message." If no response within 3 days: follow up with a letter or a registered letter.