§ 9. When must the goods be delivered?

If you have not agreed on a delivery time (leveringstid), the goods must be delivered within "a reasonable time" after the purchase. What is reasonable depends on the goods — a standard item perhaps within a couple of weeks, a special order longer. If a period of time has been agreed, the seller (selger) can as a general rule choose when within that period.

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

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)

(1) If the item is not to be delivered on demand or without delay, and the time for delivery does not otherwise follow from the agreement either, it shall be delivered within a reasonable time after the purchase.

(2) If a period of time has been agreed for delivery (levering), the seller has the right to choose the point in time unless the circumstances show that the choice belongs to the buyer (kjøper).

(3) If, in a collection purchase (hentekjøp), the seller has the right to choose the time of delivery, he shall give the buyer timely notice of when the item can be collected.

Source: Lovdata — Kjøpsloven (the Sale of Goods Act) § 9

What does this mean?

The law gives three rules for delivery time:

No agreed time (first subsection): If you have not discussed when the goods are to be delivered, "a reasonable time" applies. What is reasonable varies:

This is not decided by gut feeling, but by what is normal for that type of goods in that industry.

Agreed period (second subsection): If you have said "to be delivered between 10 and 20 May", the seller can choose a date within that window. You as the buyer cannot demand exactly 10 May unless the circumstances indicate that you were to decide.

The seller must give notice in a collection purchase (third subsection): If it is a collection purchase and the seller chooses the time, they must notify you in time so that you can make it.

Examples

Lars orders a custom-coloured e-bike from a small manufacturer. The agreement says nothing about delivery time. Three weeks pass, and no bike arrives. Lars calls and is told "it takes a little time". What is "a reasonable time"? For a specially produced e-bike, 4-8 weeks may be reasonable. For standard goods in stock, it may be 1-2 weeks. Lars must assess what is normal in the bicycle industry, preferably by checking other suppliers, before he can say that the delay (forsinkelse) is a breach of contract (kontraktbrudd). Once the "reasonable time" has passed, Lars can set an additional deadline (tilleggsfrist) and then cancel the purchase (heving) if the seller does not deliver (§§ 22-25).

Kari buys kitchen furniture and pays. "Delivery in week 20" has been agreed. The seller sends the driver out on Wednesday of week 20, but Kari is not at home. Did Kari have the right to decide the day? As a general rule, no. When the agreement says "week 20", the seller can choose the day — unless the circumstances show that the buyer is to decide (typically because the goods are large and require someone to be at home). In practice, people therefore often agree on an exact time for large deliveries.

Common mistakes

  1. Believing "a reasonable time" is 1-2 days regardless — it varies a lot
  2. Demanding cancellation of the purchase after ten days when the goods normally take three weeks to produce
  3. Forgetting that the agreement can set completely different deadlines than the law (§ 3)
  4. As a seller: not giving notice when the goods are ready for collection

What should you do?

As a buyer:

As a seller:

Frequently asked questions

How long is "reasonable" for ordinary goods?
For standard goods in stock, up to a couple of weeks is normally fine. Special orders can take longer. Ask the seller when you buy — that is the only thing that gives you certainty.
Can I demand a daily penalty for delay?
Only if it has been agreed. The law gives you the right to compensation for actual loss (§ 27), not a daily penalty. If you want a daily penalty, it must be stated in the agreement.
Related sections
All sections of the Sale of Goods Act →
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