2017 ORS 646A.152¹
Definitions for ORS 646A.150 to 646A.172

As used in ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules):

(1) “Maintenance agreement” means a contract of limited duration that provides for scheduled maintenance only.

(2)(a) “Obligor” means a person that is contractually obligated to the service contract holder to provide service under a service contract.

(b) “Obligor” does not include a person that has a home services contractor license, as described in ORS 701.501 (Home services contractor license), and offers or provides services under a home service agreement, as defined in ORS 731.164 (“Home protection insurance,” “home protection insurer”).

(3) “Person” means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company, reciprocal, syndicate or any similar entity or combination of entities acting in concert.

(4) “Service contract” is a contract described in ORS 646A.154 (Service contract defined).

(5) “Service contract holder” or “contract holder” means a person that purchases or holds a service contract.

(6) “Service contract seller” means a person that markets, sells or offers to sell a service contract.

(7) “Warranty” means a warranty that a person that manufactures, imports or sells property or services makes without charge, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures, such as repair or replacement of the property or repetition of services. [Formerly 646.265; 2013 c.527 §1]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
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.