2017 ORS 646A.575¹
Definitions for ORS 646A.575 to 646A.590

As used in ORS 646A.575 (Definitions for ORS 646A.575 to 646A.590) to 646A.590 (Rules):

(1) “Customer” means a person that purchases or leases portable electronics.

(2) “Enrolled customer” means a customer that purchases portable electronics insurance coverage from a vendor policyholder.

(3) “Insurer” means an insurer as defined in ORS 731.106 (“Insurer”) that issues, sells or offers for sale policies of portable electronics insurance to vendor policyholders.

(4) “Limited license” means a license that authorizes a vendor to issue, sell or offer for sale portable electronics insurance coverage.

(5) “Location” means a physical location in this state or a website, call center site or similar electronic or telephonic location where portable electronics may be purchased or leased.

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

(7) “Portable electronics” means an electronics device that is portable and includes accessories and services, including but not limited to wireless services, related to use of the device.

(8)(a) “Portable electronics insurance coverage” means insurance that provides coverage for the repair or replacement of portable electronics in the event of loss, theft, inoperability due to mechanical failure, malfunction, damage or need for repair or replacement as a result of some other covered source of peril.

(b) “Portable electronics insurance coverage” does not include:

(A) A service contract as defined in ORS 646A.152 (Definitions for ORS 646A.150 to 646A.172) that is governed by ORS 646A.150 (Applicability of ORS 646A.150 to 646A.172) to 646A.172 (Rules);

(B) A warranty;

(C) A maintenance agreement as defined in ORS 646A.152 (Definitions for ORS 646A.150 to 646A.172); or

(D) A policy of insurance covering the obligations of a vendor or of a portable electronics manufacturer under a warranty.

(9) “Supervising entity” means an insurer as defined in ORS 731.106 (“Insurer”), or an insurance producer as defined in ORS 731.104 (“Insurance producer”), that may or may not issue, sell or offer for sale policies of portable electronics insurance to vendor policyholders.

(10) “Vendor” means a person engaged in the business of selling or leasing or offering for sale or lease portable electronics.

(11) “Vendor policyholder” means a vendor that holds a limited license under ORS 646A.577 (Limited license required) and that has been issued a policy by an insurer or a supervising entity pursuant to which the vendor may issue, sell or offer for sale portable electronics insurance coverage to customers. [2011 c.393 §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.