(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.
(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.
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Section 72.1030 - Definitions and index of definitions.
Section 72.1040 - Definitions: "merchant"; "financing agency"; "between merchants."
Section 72.1050 - Definitions: "goods"; "future" goods; "lot"; "commercial unit."
Section 72.1070 - Goods to be severed from realty; recording.
Section 72.2010 - Formal requirements: statute of frauds.
Section 72.2020 - Final written expression: parol or extrinsic evidence.
Section 72.2040 - Formation in general.
Section 72.2060 - Offer and acceptance in formation of contract.
Section 72.2070 - Additional terms in acceptance or confirmation.
Section 72.2090 - Modification, rescission and waiver.
Section 72.2100 - Delegation of performance; assignment of rights.
Section 72.3020 - Unconscionable contract or clause.
Section 72.3040 - Price payable in money, goods, realty or otherwise.
Section 72.3050 - Open price term.
Section 72.3060 - Output, requirements and exclusive dealings.
Section 72.3080 - Absence of specified place for delivery.
Section 72.3090 - Absence of specific time provisions; notice of termination.
Section 72.3100 - Open time for payment or running of credit; authority to ship under reservation.
Section 72.3110 - Options and cooperation respecting performance.
Section 72.3130 - Express warranties by affirmation, promise, description, sample.
Section 72.3140 - Implied warranty: merchantability; usage of trade.
Section 72.3160 - Exclusion or modification of warranties; livestock warranty.
Section 72.3170 - Cumulation and conflict of warranties express or implied.
Section 72.3190 - F.O.B. and F.A.S. terms.
Section 72.3200 - C.I.F. and C. and F. terms.
Section 72.3220 - Delivery "ex-ship."
Section 72.3230 - Form of bill of lading required in overseas shipment; "overseas."
Section 72.3240 - "No arrival, no sale" term.
Section 72.3250 - "Letter of credit" term; "confirmed credit."
Section 72.3260 - Sale on approval and sale or return; rights of creditors.
Section 72.3270 - Special incidents of sale on approval and sale or return.
Section 72.3280 - Sale by auction.
Section 72.4010 - Passing of title; reservation for security; limited application of ORS 72.4010.
Section 72.4020 - Rights of seller’s creditors against sold goods.
Section 72.4030 - Power to transfer; good faith purchase of goods; "entrusting."
Section 72.5010 - Insurable interest in goods; manner of identification of goods.
Section 72.5020 - Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency.
Section 72.5030 - Manner of seller’s tender of delivery.
Section 72.5040 - Shipment by seller.
Section 72.5050 - Seller’s shipment under reservation.
Section 72.5060 - Rights of financing agency.
Section 72.5070 - Effect of seller’s tender; delivery on condition.
Section 72.5080 - Cure by seller of improper tender or delivery; replacement.
Section 72.5090 - Risk of loss in the absence of breach.
Section 72.5100 - Effect of breach on risk of loss.
Section 72.5110 - Tender of payment by buyer; payment by check.
Section 72.5120 - Payment by buyer before inspection.
Section 72.5130 - Buyer’s right to inspection of goods.
Section 72.5150 - Preserving evidence of goods in dispute.
Section 72.6010 - Buyer’s rights on improper delivery.
Section 72.6020 - Manner and effect of rightful rejection.
Section 72.6030 - Merchant buyer’s duties as to rightfully rejected goods.
Section 72.6050 - Waiver of buyer’s objections by failure to particularize.
Section 72.6060 - What constitutes acceptance of goods.
Section 72.6080 - Revocation of acceptance in whole or in part.
Section 72.6090 - Right to adequate assurance of performance.
Section 72.6100 - Anticipatory repudiation.
Section 72.6110 - Retraction of anticipatory repudiation.
Section 72.6120 - "Installment contract"; breach.
Section 72.6130 - Casualty to identified goods.
Section 72.6140 - Substituted performance.
Section 72.6150 - Excuse by failure of presupposed conditions.
Section 72.6160 - Procedure on notice claiming excuse.
Section 72.7020 - Seller’s remedies on discovery of buyer’s insolvency.
Section 72.7030 - Seller’s remedies in general.
Section 72.7050 - Seller’s stoppage of delivery in transit or otherwise.
Section 72.7060 - Seller’s resale including contract for resale.
Section 72.7070 - "Person in the position of a seller."
Section 72.7080 - Seller’s damages for nonacceptance or repudiation.
Section 72.7090 - Action for the price.
Section 72.7110 - Buyer’s remedies in general; buyer’s security interest in rejected goods.
Section 72.7120 - "Cover"; buyer’s procurement of substitute goods.
Section 72.7130 - Buyer’s damages for nondelivery or repudiation.
Section 72.7140 - Buyer’s damages for breach in regard to accepted goods.
Section 72.7150 - Buyer’s incidental and consequential damages.
Section 72.7160 - Buyer’s right to specific performance or replevin.
Section 72.7180 - Liquidation or limitation of damages; deposits.
Section 72.7190 - Contractual modification or limitation of remedy.
Section 72.7220 - Who can sue third parties for injury to goods.
Section 72.7230 - Proof of market price: time and place.
Section 72.7250 - Statute of limitations in contracts for sale.
Section 72.8010 - Definitions for ORS 72.8010 to 72.8200.
Section 72.8020 - Manufacturer’s implied warranty of merchantability.
Section 72.8030 - Manufacturer’s implied warranty of fitness.
Section 72.8040 - Retailer’s or distributor’s implied warranty of fitness.
Section 72.8060 - Express warranty.
Section 72.8090 - Form of express warranty; designation of service and repair facilities.
Section 72.8140 - Unauthorized or unreasonable use after sale.
Section 72.8150 - Service contract in addition to or in lieu of express warranty.
Section 72.8160 - Express warranty in addition to implied warranties.
Section 72.8180 - Buyer’s waiver of ORS 72.8010 to 72.8200.
Section 72.8190 - Status of remedies under ORS 72.8010 to 72.8200; effect of unconstitutionality.