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Section 72.1030 - Definitions and index of definitions. - (a) "Buyer" means a person who buys or contracts to...
Section 72.1040 - Definitions: "merchant"; "financing agency"; "between merchants." - (2) "Financing agency" means a bank, finance company or other...
Section 72.1050 - Definitions: "goods"; "future" goods; "lot"; "commercial unit." - (2) Goods must be both existing and identified before any...
Section 72.1060 - Definitions: "contract"; "agreement"; "contract for sale"; "sale"; "present sale"; "conforming" to contract; "termination"; "cancellation." - (2) Goods or conduct including any part of a performance...
Section 72.1070 - Goods to be severed from realty; recording. - (2) A contract for the sale apart from the land...
Section 72.2010 - Formal requirements: statute of frauds. - (2) Between merchants, if within a reasonable time a writing...
Section 72.2020 - Final written expression: parol or extrinsic evidence. - (1) By course of performance, course of dealing or usage...
Section 72.2040 - Formation in general. - (2) An agreement sufficient to constitute a contract for sale...
Section 72.2060 - Offer and acceptance in formation of contract. - (a) An offer to make a contract shall be construed...
Section 72.2070 - Additional terms in acceptance or confirmation. - (2) The additional terms are to be construed as proposals...
Section 72.2090 - Modification, rescission and waiver. - (2) A signed agreement which excludes modification or rescission except...
Section 72.2100 - Delegation of performance; assignment of rights. - (2) Except as otherwise provided in ORS 79.0406, unless otherwise...
Section 72.3020 - Unconscionable contract or clause. - (2) When it is claimed or appears to the court...
Section 72.3040 - Price payable in money, goods, realty or otherwise. - (2) Even though all or part of the price is...
Section 72.3050 - Open price term. - (a) Nothing is said as to price; or (b) The...
Section 72.3060 - Output, requirements and exclusive dealings. - (2) A lawful agreement by either the seller or the...
Section 72.3080 - Absence of specified place for delivery. - (1) The place for delivery of goods is the seller’s...
Section 72.3090 - Absence of specific time provisions; notice of termination. - (2) Where the contract provides for successive performances but is...
Section 72.3100 - Open time for payment or running of credit; authority to ship under reservation. - (1) Payment is due at the time and place at...
Section 72.3110 - Options and cooperation respecting performance. - (2) Unless otherwise agreed specifications relating to assortment of the...
Section 72.3120 - Warranty of title and against infringement; buyer’s obligation against infringement. - (a) The title conveyed shall be good, and its transfer...
Section 72.3130 - Express warranties by affirmation, promise, description, sample. - (a) Any affirmation of fact or promise made by the...
Section 72.3140 - Implied warranty: merchantability; usage of trade. - (2) Goods to be merchantable must be at least such...
Section 72.3160 - Exclusion or modification of warranties; livestock warranty. - (2) Subject to subsection (3) of this section, to exclude...
Section 72.3170 - Cumulation and conflict of warranties express or implied. - (1) Exact or technical specifications displace an inconsistent sample or...
Section 72.3190 - F.O.B. and F.A.S. terms. - (a) When the term is F.O.B. the place of shipment,...
Section 72.3200 - C.I.F. and C. and F. terms. - (2) Unless otherwise agreed and even though used only in...
Section 72.3210 - C.I.F. or C. and F.: "net landed weights"; "payment on arrival"; warranty of condition on arrival. - (1) Where the price is based on or is to...
Section 72.3220 - Delivery "ex-ship." - (2) Under such a term unless otherwise agreed: (a) The...
Section 72.3230 - Form of bill of lading required in overseas shipment; "overseas." - (2) Where in a case within subsection (1) of this...
Section 72.3240 - "No arrival, no sale" term. - (1) The seller must properly ship conforming goods and if...
Section 72.3250 - "Letter of credit" term; "confirmed credit." - (2) The delivery to seller of a proper letter of...
Section 72.3260 - Sale on approval and sale or return; rights of creditors. - (a) A "sale on approval" if the goods are delivered...
Section 72.3270 - Special incidents of sale on approval and sale or return. - (a) Although the goods are identified to the contract the...
Section 72.3280 - Sale by auction. - (2) A sale by auction is complete when the auctioneer...
Section 72.4010 - Passing of title; reservation for security; limited application of ORS 72.4010. - (1) Title to goods cannot pass under a contract for...
Section 72.4020 - Rights of seller’s creditors against sold goods. - (2) A creditor of the seller may treat a sale...
Section 72.4030 - Power to transfer; good faith purchase of goods; "entrusting." - (a) The transferor was deceived as to the identity of...
Section 72.5010 - Insurable interest in goods; manner of identification of goods. - (a) When the contract is made if it is for...
Section 72.5020 - Buyer’s right to goods on seller’s repudiation, failure to deliver or insolvency. - (a) In the case of goods bought for personal, family...
Section 72.5030 - Manner of seller’s tender of delivery. - (a) Tender must be at a reasonable hour, and if...
Section 72.5040 - Shipment by seller. - (1) Put the goods in the possession of such a...
Section 72.5050 - Seller’s shipment under reservation. - (a) The procurement by the seller of a negotiable bill...
Section 72.5060 - Rights of financing agency. - (2) The right to reimbursement of a financing agency which...
Section 72.5070 - Effect of seller’s tender; delivery on condition. - (2) Where payment is due and demanded on the delivery...
Section 72.5080 - Cure by seller of improper tender or delivery; replacement. - (2) Where the buyer rejects a nonconforming tender which the...
Section 72.5090 - Risk of loss in the absence of breach. - (a) If it does not require the seller to deliver...
Section 72.5100 - Effect of breach on risk of loss. - (2) Where the buyer rightfully revokes acceptance the buyer may...
Section 72.5110 - Tender of payment by buyer; payment by check. - (2) Tender of payment is sufficient when made by any...
Section 72.5120 - Payment by buyer before inspection. - (a) The nonconformity appears without inspection; or (b) Despite tender...
Section 72.5130 - Buyer’s right to inspection of goods. - (2) Expenses of inspection must be borne by the buyer...
Section 72.5150 - Preserving evidence of goods in dispute. - (1) Either party on reasonable notification to the other and...
Section 72.6010 - Buyer’s rights on improper delivery. - (1) Reject the whole; or (2) Accept the whole; or...
Section 72.6020 - Manner and effect of rightful rejection. - (2) Subject to the provisions of ORS 72.6030 and 72.6040...
Section 72.6030 - Merchant buyer’s duties as to rightfully rejected goods. - (2) When the buyer sells goods under subsection (1) of...
Section 72.6050 - Waiver of buyer’s objections by failure to particularize. - (a) Where the seller could have cured it if stated...
Section 72.6060 - What constitutes acceptance of goods. - (a) After a reasonable opportunity to inspect the goods signifies...
Section 72.6070 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over. - (2) Acceptance of goods by the buyer precludes rejection of...
Section 72.6080 - Revocation of acceptance in whole or in part. - (a) On the reasonable assumption that its nonconformity would be...
Section 72.6090 - Right to adequate assurance of performance. - (2) Between merchants the reasonableness of grounds for insecurity and...
Section 72.6100 - Anticipatory repudiation. - (1) For a commercially reasonable time await performance by the...
Section 72.6110 - Retraction of anticipatory repudiation. - (2) Retraction may be by any method which clearly indicates...
Section 72.6120 - "Installment contract"; breach. - (2) The buyer may reject any installment which is nonconforming...
Section 72.6130 - Casualty to identified goods. - (1) If the loss is total the contract is avoided;...
Section 72.6140 - Substituted performance. - (2) If the agreed means or manner of payment fails...
Section 72.6150 - Excuse by failure of presupposed conditions. - (1) Delay in delivery or nondelivery in whole or in...
Section 72.6160 - Procedure on notice claiming excuse. - (a) Terminate and thereby discharge any unexecuted portion of the...
Section 72.7020 - Seller’s remedies on discovery of buyer’s insolvency. - (2) Where the seller discovers that the buyer has received...
Section 72.7030 - Seller’s remedies in general. - (1) Withhold delivery of such goods. (2) Stop delivery by...
Section 72.7040 - Seller’s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods. - (a) Identify to the contract conforming goods not already identified...
Section 72.7050 - Seller’s stoppage of delivery in transit or otherwise. - (2) As against such buyer the seller may stop delivery...
Section 72.7060 - Seller’s resale including contract for resale. - (2) Except as otherwise provided in subsection (3) of this...
Section 72.7070 - "Person in the position of a seller." - (2) A person in the position of a seller may...
Section 72.7080 - Seller’s damages for nonacceptance or repudiation. - (2) If the measure of damages provided in subsection (1)...
Section 72.7090 - Action for the price. - (a) Of goods accepted or of conforming goods lost or...
Section 72.7110 - Buyer’s remedies in general; buyer’s security interest in rejected goods. - (a) "Cover" and have damages under ORS 72.7120 as to...
Section 72.7120 - "Cover"; buyer’s procurement of substitute goods. - (2) The buyer may recover from the seller as damages...
Section 72.7130 - Buyer’s damages for nondelivery or repudiation. - (2) Market price is to be determined as of the...
Section 72.7140 - Buyer’s damages for breach in regard to accepted goods. - (2) The measure of damages for breach of warranty is...
Section 72.7150 - Buyer’s incidental and consequential damages. - (2) Consequential damages resulting from the seller’s breach include: (a)...
Section 72.7160 - Buyer’s right to specific performance or replevin. - (2) The judgment for specific performance may include such terms...
Section 72.7180 - Liquidation or limitation of damages; deposits. - (2) Where the seller justifiably withholds delivery of goods because...
Section 72.7190 - Contractual modification or limitation of remedy. - (a) The agreement may provide for remedies in addition to...
Section 72.7220 - Who can sue third parties for injury to goods. - (1) A right of action against the third party is...
Section 72.7230 - Proof of market price: time and place. - (2) If evidence of a price prevailing at the times...
Section 72.7250 - Statute of limitations in contracts for sale. - (2) A cause of action accrues when the breach occurs,...
Section 72.8010 - Definitions for ORS 72.8010 to 72.8200. - (1) "Consumer good" means a new consumer good as defined...
Section 72.8020 - Manufacturer’s implied warranty of merchantability. - Note: See note under 72.8010.
Section 72.8030 - Manufacturer’s implied warranty of fitness. - Note: See note under 72.8010.
Section 72.8040 - Retailer’s or distributor’s implied warranty of fitness. - Note: See note under 72.8010.
Section 72.8050 - Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect. - (a) The good is being sold on an "as is"...
Section 72.8060 - Express warranty. - (2) A retailer, distributor or manufacturer expressly warrants that the...
Section 72.8070 - Right to make express warranty; effect of express warranty upon disclaimer; duration of implied warranty of merchantability or implied warranty of fitness. - (2) When with respect to sale of a consumer good...
Section 72.8090 - Form of express warranty; designation of service and repair facilities. - (2) Each manufacturer, distributor or retailer who makes an express...
Section 72.8100 - Manufacturer’s service and repair; facilities within state; nonconforming good; inability to service; buyer’s delivery or notice of nonconforming good. - (a) Maintain or cause to be maintained in this state...
Section 72.8110 - 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. - (2) If the size, weight, method of attachment, method of...
Section 72.8120 - Time for commencement of service and repair; effect of delay; tender of conforming goods. - Note: See note under 72.8010.
Section 72.8130 - Liability to retailer of manufacturer not maintaining service and repair facility within state. - (1) In the event of replacement, in an amount equal...
Section 72.8140 - Unauthorized or unreasonable use after sale. - Note: See note under 72.8010.
Section 72.8150 - Service contract in addition to or in lieu of express warranty. - Note: See note under 72.8010.
Section 72.8160 - Express warranty in addition to implied warranties. - Note: See note under 72.8010.
Section 72.8170 - Authority of manufacturer who makes express warranty to suggest methods of effectuating service and repair. - Note: See note under 72.8010.
Section 72.8180 - Buyer’s waiver of ORS 72.8010 to 72.8200. - Note: See note under 72.8010.
Section 72.8190 - Status of remedies under ORS 72.8010 to 72.8200; effect of unconstitutionality. - Note: See note under 72.8010.
Section 72.8200 - Operative dates. - Note: See note under 72.8010.