Retailer’s service and repair of nonconforming good in absence of manufacturer’s service and repair facilities within state
- • buyer’s delivery or notice of nonconforming good
(1) If the manufacturer who makes an express warranty does not provide service and repair facilities within this state pursuant to ORS 72.8100 (Manufacturer's service and repair), the buyer may return the nonconforming good to the retail seller for replacement or for service and repair in accordance with the terms and conditions of the express warranty. Such replacement, service or repair shall be at the option of the retail seller. If the retail seller does not replace the defective good with a conforming good or does not effect the service or repair of the good in accordance with the terms and conditions of the warranty, the retail seller shall reimburse the buyer in an amount equal to the purchase price paid, 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.
(2) If the size, weight, method of attachment, method of installation and nature of nonconformity do not reasonably permit the buyer to return the nonconforming good, written notice of nonconformity from the buyer to the retail seller constitutes return of the good for the purposes of subsection (1) of this section. Upon receipt of the notice of nonconformity the retailer shall service or repair the good at the buyer’s residence, pick up the good for service or repair, or at the retail seller’s expense arrange for transporting the good to the retail seller’s place of business. Under ORS 72.8130 (Liability to retailer of manufacturer not maintaining service and repair facility within state) the retail seller may recover all costs incurred by the retail seller for transporting the nonconforming good from the buyer’s residence to the retail seller’s place of business and thence to the buyer’s residence. [1973 c.413 §10]
Note: See note under 72.8010 (Definitions for ORS 72.8010 to 72.8200).
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