ORS 646A.406
Presumption of reasonable attempt to conform

extension of time for repairs
notice to manufacturer

Text
Annotations 1

(1)

It is 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 two-year period 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 24,000 miles, whichever period ends first:

(a)

The manufacturer or an agent or authorized dealer of the manufacturer has subjected the nonconformity to repair or correction three or more times and has had an opportunity to cure the defect alleged, but the nonconformity continues to exist;

(b)

The motor vehicle is out of service by reason of repair or correction for a cumulative total of 30 or more calendar days or 60 or more calendar days if the vehicle is a motor home; or

(c)

The manufacturer or an agent or authorized dealer of the manufacturer has subjected a nonconformity that is likely to cause death or serious bodily injury to repair or correction at least one time and has made a final attempt to repair or correct the nonconformity, but the nonconformity continues to exist.

(2)

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.

(3)

The period ending on the date on which the mileage on the motor vehicle reaches 24,000 miles, the two-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.

(4)

The presumption described in subsection (1) of this section does not 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. [Formerly 646.345; 2009 c.448 §4]

Source: Section 646A.406 — Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer, https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html.

Notes of Decisions

For purposes of applying statutory presumption, written notice by consumer must precede manufacturer opportunity to cure defect. Liles v. Damon Corp., 345 Or 420, 198 P3d 926 (2008)

646A.030
Definitions for ORS 646A.030 to 646A.042 646A.032
Price list for health spa services 646A.034
Contracts 646A.036
Contracts and rules 646A.038
Moneys paid prior to facility opening 646A.040
Waiver of provisions of ORS 646A.030 to 646A.042 646A.042
Remedies and obligations supplementary to existing remedies 646A.050
Definitions 646A.052
Form of purchase agreement 646A.054
Rules 646A.060
Purchase of used goods 646A.062
Penalty for violation of ORS 646A.060 646A.064
Definitions for ORS 646A.064 to 646A.067 646A.065
Records required for transactions involving items of precious metal 646A.066
Applicability to local ordinances 646A.067
Preemption of local requirements applicable to pawnbrokers 646A.068
Penalty for violating ORS 646A.065 646A.070
Sale of telephonic equipment 646A.072
Exceptions to disclosure requirements 646A.075
Required information prior to purchase of dog 646A.077
Qualification for full refund 646A.080
Sale of novelty item containing mercury 646A.081
Prohibition on sale or installation of mercury vapor outdoor lighting fixtures 646A.082
Floral retail sales 646A.085
Sale of rights by distributor to exhibit motion picture without first giving exhibitor opportunity to view motion picture prohibited 646A.090
Offer to sell or lease motor vehicle under retail installment contract or lease agreement 646A.092
Advertisements for sale or lease of motor vehicle 646A.093
Disclosures for handling and shipping consumer goods required in advertisements, offers and sales 646A.095
Disclosure required when purchaser of product offered technical support through information delivery system 646A.097
Payment of sales commissions following termination of contract between sales representative and principal 646A.100
Definitions for ORS 646A.100 to 646A.110 646A.102
Notice of intent to conduct going out of business sale 646A.104
Information required in notice of intent 646A.106
Circumstances in which going out of business sale prohibited 646A.108
Prohibited conduct 646A.110
Applicability of ORS 646A.100 to 646A.110 and 646A.112 646A.112
Injunction of sham sale 646A.115
Software prohibited that interferes with sale of admission tickets to entertainment events 646A.120
Definitions for ORS 646A.120 to 646A.134 646A.122
Applicability of ORS 646A.120 to 646A.134 646A.124
General disclosure requirements 646A.126
Specific disclosure requirements 646A.128
Provisions prohibited in lease-purchase agreements 646A.130
Reinstatement of lease-purchase agreement by consumer 646A.132
Renegotiation or extension of lease-purchase agreement 646A.134
Disclosures required in advertisement for lease-purchase agreements 646A.140
Definitions for ORS 646A.140 and 646A.142 646A.142
Rental vehicle collision damage waiver notice 646A.150
Applicability of ORS 646A.150 to 646A.172 646A.152
Definitions for ORS 646A.150 to 646A.172 646A.154
Service contract defined 646A.156
Required contents of service contracts 646A.158
Prohibited conduct 646A.160
Service contract obligor as agent of insurer 646A.162
Investigation of violations 646A.164
Complaints and investigations confidential 646A.166
Refusal to continue or suspension or revocation of registration 646A.168
Assessment fee 646A.170
Remedies not exclusive 646A.172
Rules 646A.200
Definitions for ORS 646A.202 and 646A.204 646A.202
Payment processing systems 646A.204
Customer information 646A.206
Rules 646A.210
Requiring credit card number as condition for accepting check or share draft prohibited 646A.212
“Credit card” defined 646A.214
Verification of identity in credit or debit card transactions 646A.220
Credit card solicitation 646A.222
Charge card solicitation 646A.230
Action by Attorney General or district attorney 646A.232
Effect of compliance with federal law 646A.240
Treatment of child support obligations by creditor in applications for extensions of credit 646A.242
“Creditor” defined 646A.244
Cause of action for violation of ORS 646A.240 646A.274
Definitions for ORS 646A.276 and 646A.278 646A.276
Sale of gift card that expires, declines in value, includes fee or does not give option to redeem 646A.278
Requirements for sale of gift card that expires 646A.280
Definitions for ORS 646A.280 to 646A.290 646A.282
Simulated invoices prohibited 646A.284
Cause of action by Attorney General 646A.286
Cause of action by private party 646A.288
Presumptions in cause of action brought under ORS 646A.284 or 646A.286 646A.290
Construction 646A.292
Legislative intent 646A.293
Definitions for ORS 646A.293 and 646A.295 646A.295
Prohibited actions 646A.300
Definitions for ORS 646A.300 to 646A.322 646A.302
Application of ORS 646A.300 to 646A.322 to successor in interest or assignee of supplier 646A.304
Payment for farm implements, parts, software, tools and signs upon termination of retailer agreement 646A.306
Repurchase of inventory by supplier 646A.308
Civil action for supplier’s failure to pay 646A.310
Prohibited conduct by supplier 646A.312
Termination, cancellation or nonrenewal of retailer agreement 646A.314
New or relocated dealership 646A.316
Warranty claims 646A.318
Warranty claims 646A.320
Retailer’s improvements to products 646A.322
Remedies 646A.325
Repurchase of motor vehicle by manufacturer 646A.327
Attorney fees for action under ORS 646A.325 646A.340
Definitions for ORS 646A.340 to 646A.348 646A.342
Prohibited conduct 646A.344
Bond or letter of credit 646A.346
Damages 646A.348
Action by Attorney General 646A.350
Delivery of unrequested hazardous substances prohibited 646A.352
Penalty 646A.360
Unsolicited facsimile machine transmissions 646A.362
Exclusion of name from sweepstakes promotion mailing list 646A.365
Check, draft or payment instrument creating obligation for payment 646A.370
Definitions for ORS 646A.370 to 646A.374 646A.372
Limits on usage of automatic dialing and announcing device 646A.374
Prohibited actions 646A.376
Enforcement 646A.400
Definitions for ORS 646A.400 to 646A.418 646A.402
Availability of remedy 646A.404
Consumer’s remedies 646A.405
Manufacturer action under ORS 646A.404 646A.406
Presumption of reasonable attempt to conform 646A.408
Use of informal dispute settlement procedure as condition for remedy 646A.410
Informal dispute settlement procedure 646A.412
Action in court 646A.414
Limitations on actions against dealers 646A.416
Limitation on commencement of action 646A.418
Remedies supplementary to existing statutory or common law remedies 646A.430
Definitions for ORS 646A.430 to 646A.450 646A.432
Applicability of ORS 646A.430 to 646A.450 646A.434
Sale of vehicle protection product 646A.436
Warrantor registration 646A.438
Reimbursement insurance 646A.440
Required provisions of reimbursement insurance policy 646A.442
Vehicle protection product warranty administrator 646A.444
Recordkeeping requirements for warrantor 646A.446
Prohibited conduct for warrantor 646A.448
Prohibited activities 646A.450
Rules 646A.452
Enforcement by Attorney General 646A.460
Definitions for ORS 646A.460 to 646A.476 646A.462
Express warranty 646A.464
Repair of assistive device 646A.466
Replacement or refund after attempt to repair 646A.468
Procedures for replacement or refund 646A.470
Sale or lease of returned assistive device 646A.472
Dispute resolution 646A.474
Applicability of other laws 646A.476
Civil action for damages 646A.480
Definitions for ORS 646A.480 to 646A.495 646A.482
Estimate required before beginning work 646A.486
Prohibited actions if estimate exceeds $200 646A.490
Additional prohibited actions 646A.495
Owner designee 646A.500
Legislative findings 646A.502
Short title 646A.504
Definitions for ORS 646A.500 to 646A.514 646A.506
Prohibited conduct 646A.508
Penalties 646A.510
Exemptions 646A.512
Private right of action 646A.514
Scope of remedies 646A.525
Definitions for ORS 646A.525 to 646A.535 646A.530
Prohibited sales of certain children’s products 646A.535
Assistance of Attorney General in obtaining recall notices 646A.540
Definitions 646A.542
Requirement to document compliance 646A.544
Local government enforcement 646A.550
Short title 646A.555
License to engage in business activity not required for individual under 17 years of age 646A.560
Legislative findings 646A.562
Definitions for ORS 646A.560 to 646A.566 646A.564
Standards for mercury content in electric lamps 646A.566
Considerations for state agency procurement of lighting devices that contain mercury 646A.575
Definitions for ORS 646A.575 to 646A.590 646A.577
Limited license required 646A.580
Cost of coverage 646A.582
Written disclosure requirements 646A.585
Exceptions to license requirement 646A.588
Restrictions on modification or termination of coverage 646A.590
Rules 646A.592
Enforcement 646A.600
Short title 646A.602
Definitions for ORS 646A.600 to 646A.628 646A.604
Notice of breach of security 646A.606
Security freeze 646A.608
Deadline for placing security freeze 646A.610
Fees not permitted 646A.612
Conditions for lifting or removing security freeze 646A.614
Effect of security freeze on use of consumer reports or protective records 646A.616
Effect of request for consumer report subject to security freeze 646A.618
Prohibition on changes to consumer report subject to security freeze 646A.620
Prohibition on printing, displaying or posting Social Security numbers 646A.622
Requirement to develop safeguards for personal information 646A.624
Powers of director 646A.626
Rules 646A.628
Allocation of moneys 646A.640
Definitions 646A.643
License requirement to engage in debt buying 646A.646
License application 646A.649
Licensee’s principal place of business and registered agent 646A.652
Required notices 646A.655
Compliance with director’s standards 646A.658
Prohibited practices 646A.661
Director’s supervisory authority 646A.664
Enforcement actions 646A.667
Preemption 646A.670
Legal action to collect debt 646A.673
Rules 646A.677
Requirement to screen for financial assistance before transferring medical debt for collection 646A.680
Legislative intent 646A.683
Requirement to report increase in drug price 646A.686
Short title 646A.689
Requirement to report certain information concerning drug manufacturing and pricing 646A.692
Civil penalty 646A.693
Prescription Drug Affordability Board 646A.694
Annual affordability determination for identified drugs and insulin products 646A.695
Annual fees assessed against drug manufacturers 646A.696
Report to Health Care Cost Growth Target program and Legislative Assembly 646A.697
Study of market for generic drugs 646A.700
Short title 646A.702
Definitions for ORS 646A.702 to 646A.720 646A.705
Persons that are not foreclosure consultants 646A.710
Foreclosure consulting contract 646A.715
Cancellation 646A.720
Prohibited acts of foreclosure consultant 646A.725
Definitions for ORS 646A.725 to 646A.750 646A.730
Persons that are not equity purchasers 646A.735
Written contract 646A.740
Cancellation 646A.745
Required and prohibited acts 646A.750
Rebuttable presumptions 646A.755
Acts not precluded 646A.760
Civil action for damages 646A.765
Penalties 646A.770
Definitions 646A.773
Applicability of Insurance Code 646A.776
Required disclosures 646A.779
Determination of amount of waiver 646A.781
Cancellation and expiration 646A.784
Reimbursement insurance policies for guaranteed asset protection waivers 646A.787
Fiduciary responsibilities 646A.790
Unlawful practices 646A.800
Late fees on delinquent cable service accounts 646A.801
Termination of residential cable service or residential telecommunications service for certain persons 646A.803
Contest and sweepstakes solicitations 646A.806
Website with photographs and information about arrested persons 646A.808
Obtaining personal information by false representation via electronic media 646A.810
Patent infringement claim made in bad faith 646A.813
Security requirements for Internet-connected devices

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§ 646A.406’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_646a.406

Original Source: Section 646A.406 — Presumption of reasonable attempt to conform; extension of time for repairs; notice to manufacturer, https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html (last accessed Aug. 25, 2023).