Definitions for ORS 646.315 to 646.375.
used in ORS 646.315 to 646.375:
The purchaser or lessee, other than for purposes of resale, of a
new motor vehicle normally used for personal, family or
Any person to whom a new motor vehicle used for personal, family
or household purposes is transferred for the same purposes
during the duration of an express warranty applicable to such
motor vehicle; and
Any other person entitled by the terms of such warranty to
enforce the obligations of the warranty.
"Motor vehicle" means a passenger motor vehicle as
defined in ORS 801.360 that is sold in this state.
Availability of remedy.
remedy under the provisions of ORS 646.315 to 646.375 is
available to a consumer if:
A new motor vehicle does not conform to applicable
manufacturer's express warranties;
The consumer reports each nonconformity to the manufacturer, its
agent or its authorized dealer, for the purpose of repair or
correction, during the period of one year following the date of
original delivery of the motor vehicle to the consumer or during
the period ending on the date on which the mileage on the motor
vehicle reaches 12,000 miles, whichever period ends earlier; and
The manufacturer has received direct written notification from
or on behalf of the consumer and has had an opportunity to
correct the alleged defect. "Notification" under this
subsection includes, but is not limited to, a request by the
consumer for an informal dispute settlement procedure under ORS
Consumer's remedies; manufacturer's affirmative defenses.
If the manufacturer or its agents or authorized dealers are
unable to conform the motor vehicle to any applicable
manufacturer's express warranty by repairing or correcting any
defect or condition that substantially impairs the use, market
value or safety of the motor vehicle to the consumer after a
reasonable number of attempts, the manufacturer shall:
Replace the motor vehicle with a new motor vehicle; or
Accept return of the vehicle from the consumer and refund to the
consumer the full purchase or lease price paid, including taxes,
license and registration fees and any similar collateral charges
excluding interest, less a reasonable allowance for the
consumer's use of the vehicle.
Refunds shall be made to the consumer and lien holder, if any,
as their interests may appear. A reasonable allowance for use is
that amount directly attributable to use by the consumer prior
to the first report of the nonconformity to the manufacturer,
agent or dealer and during any subsequent period when the
vehicle is not out of service by reason of repair.
It shall be an affirmative defense to any claim under ORS
646.315 to 646.375:
That an alleged nonconformity does not substantially impair such
use, market value or safety; or
That a nonconformity is the result of abuse, neglect or
unauthorized modifications or alterations of the motor vehicle
by the consumer.
Presumption of reasonable attempt to conform.
of time for repairs; notice to manufacturer.
It shall be presumed that a reasonable number of attempts have
been undertaken to conform a motor vehicle to the applicable
manufacturer's express warranties if, during the period of one
year following the date of original delivery of the motor
vehicle to a consumer or during the period ending on the date on
which the mileage on the motor vehicle reaches 12,000 miles,
whichever period ends earlier:
The same nonconformity has been subject to repair or correction
four or more times by the manufacturer or its agent or
authorized dealer, but such nonconformity continues to exist; or
The vehicle is out of service by reason of repair or correction
for a cumulative total of 30 or more business days.
A repair or correction for purposes of subsection (1) of this
section includes a repair that must take place after the
expiration of the earlier of either period.
The period ending on the date on which the mileage on the motor
vehicle reaches 12,000 miles, the one-year period and the 30-day
period shall be extended by any period of time during which
repair services are not available to the consumer because of a
war, invasion, strike, fire, flood or other natural disaster.
In no event shall the presumption described in subsection (1) of
this section apply against a manufacturer unless the
manufacturer has received prior direct written notification from
or on behalf of the consumer and has had an opportunity to cure
the defect alleged.
Use of informal dispute settlement procedure.
for remedy; binding effect on manufacturer.
the manufacturer has established or participates in an informal
dispute settlement procedure that substantially complies with
the provisions of Title 16, Code of Federal Regulations, Part
703, as from time to time amended, and causes the consumer to be
notified of the procedure, ORS 646.335 concerning refunds or
replacement shall not apply to any consumer who has not first
resorted to the procedure. A decision resulting from arbitration
pursuant to the informal dispute settlement procedure shall be
binding on the manufacturer.
Informal dispute settlement procedure.
keeping; review by Department of Justice.
manufacturer which has established or participates in an
informal dispute settlement procedure shall keep records of all
cases submitted to the procedure under ORS 646.355 and shall
make the records available to the Department of Justice if the
department requests them. The department may review all case
records kept under this section to determine whether or not the
arbitrators are complying with the provisions of ORS 646.315 to
646.375 in reaching their decisions.
Judicial review; damages; attorney fees.
If a consumer appeals to a court from a decision resulting from
the informal dispute settlement procedure established by ORS
646.355 because the consumer was not granted one of the remedies
specified in ORS 646.335 (1), and the consumer is granted one of
the specified remedies by the court, the consumer shall also be
awarded up to three times the amount of any damages if the court
finds that the manufacturer did not act in good faith in the
dispute settlement procedure.
If a consumer brings an action under ORS 646.315 to 646.375
against a manufacturer who has not established informal dispute
settlement procedures and the consumer is granted one of the
remedies specified in ORS 646.335 (1), the consumer shall also
be awarded three times the amount of the damages.
The court may award reasonable attorney fees to the prevailing
party in an appeal or action under this section.
Limitations on actions against dealers.
Nothing in ORS 646.315 to 646.375 creates a cause of action by a
consumer against a vehicle dealer.
A manufacturer may not join a dealer as a party in any
proceeding brought under ORS 646.315 to 646.375, nor may the
manufacturer try to collect from a dealer any damages assessed
against the manufacturer in a proceeding brought under ORS
646.315 to 646.375.
Limitation on commencement of action.
action brought under ORS 646.315 to 646.375 shall be commenced
within one year following whichever period ends earlier:
The period ending on the date on which the mileage on the motor
vehicle reaches 12,000 miles; or
The period of one year following the date of the original
delivery of the motor vehicle to the consumer.
Remedies supplementary to existing statutory or common law
remedies; election of remedies.
in ORS 646.315 to 646.375 is intended in any way to limit the
rights or remedies that are otherwise available to a consumer
under any other law. However, if the consumer elects to pursue
any other remedy in state or federal court, the remedy available
under ORS 646.315 to 646.375 shall not be available insofar as
it would result in recovery in excess of the recovery authorized
by ORS 646.335 without proof of fault resulting in damages in
excess of such recovery.