ORS 72.8100¹
Manufacturer’s service and repair
  • facilities within state
  • nonconforming good
  • inability to service
  • buyer’s delivery or notice of nonconforming good

(1) Each manufacturer of a consumer good sold in this state and for which the manufacturer has made an express warranty shall:

(a) Maintain or cause to be maintained in this state sufficient service and repair facility to carry out the terms of such a warranty; or

(b) Be subject to the provisions of ORS 72.8130 (Liability to retailer of manufacturer not maintaining service and repair facility within state).

(2) Except if the buyer agrees in writing to the contrary, the manufacturer shall cause service or repair of the consumer good to be commenced as soon as possible, subject to reasonable delay caused by conditions beyond the control of the manufacturer or the manufacturer’s representative.

(3) If the size, weight, method of attachment, method of installation, and nature of nonconformity reasonably permit such delivery, the buyer shall deliver a nonconforming good to the manufacturer’s nearest available service and repair facility within this state. If the size, weight, method of attachment, method of installation and nature of the nonconformity do not reasonably permit such delivery, written notice of nonconformity by the buyer to the manufacturer or to the manufacturer’s nearest service and repair facility is equivalent to return of the good for the purposes of this section. Upon receipt of the notice of nonconformity the manufacturer shall service or repair the good at the buyer’s residence, pick up the good for service and repair, or, at the manufacturer’s expense, transport, service, repair and return the good to the buyer.

(4) If the manufacturer is unable to service or repair the good in compliance with each applicable warranty, the manufacturer shall either replace the good or reimburse the buyer in an amount equal to the purchase price paid by the buyer less a reasonable charge for beneficial use by the buyer and damage, if any, to the good. In the event of replacement of the good or refunding of the purchase price, the buyer shall return the defective good to the warrantor free and clear of liens and encumbrances. [1973 c.413 §8]

Note: See note under 72.8010 (Definitions for ORS 72.8010 to 72.8200).

Notes of Decisions

Where automobile dealer was designated as manufacturer's agent for warranty work, buyer's return of automobile to dealer was return to warrantor within meaning of this sec­tion, and manufacturer was obligated to reimburse buyer. Clark v. Ford Motor Co., 46 Or App 521, 612 P2d 316 (1980)

Chapter 72

Law Review Cita­tions

53 OLR 468-473 (1974); 58 OLR 545 (1980)

1 Legislative Counsel Committee, CHAPTER 72—Sales, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors72.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 72, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­072ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information