Trade Regulation

ORS 646A.430
Definitions for ORS 646A.430 to 646A.450


As used in ORS 646A.430 (Definitions for ORS 646A.430 to 646A.450) to 646A.450 (Rules):

(1)

“Consumer” means a person in this state who purchases a vehicle protection product or who possesses a vehicle protection product and is entitled to enforce a warranty for the product by reason of the person’s possession.

(2)

“Reimbursement insurance policy” means an insurance policy issued to a warrantor that:

(a)

Reimburses the warrantor for expenses or other obligations the warrantor incurs in complying with the terms and conditions in a vehicle protection product warranty; or

(b)

Pays on a warrantor’s behalf all obligations due under the terms and conditions of the warrantor’s vehicle protection product warranty.

(3)

“Reimbursement insurer” means an insurer that issues a reimbursement insurance policy.

(4)

“Seller” means a person engaged in the business of offering a vehicle protection product for sale to a consumer.

(5)

(a) “Vehicle protection product” means:

(A)

A protective chemical, substance, device, product or system that is:

(i)

Designed to prevent loss or damage to a vehicle from a specific cause; and

(ii)

Accompanied by a written warranty that provides that if the vehicle protection product fails to prevent a specified loss or damage, the warrantor will reimburse a consumer for specified related and incidental costs the consumer incurs as a result of the vehicle protection product’s failure to perform in accordance with the terms of the vehicle protection product warranty, if the consumer purchases a physical product that is designed or formulated to make the specified related and incidental costs less likely to occur;

(B)

An alarm system;

(C)

A product to mark motor vehicle body parts;

(D)

A lock for a motor vehicle steering wheel, pedal or ignition;

(E)

A product to etch motor vehicle windows;

(F)

A kill switch for motor vehicle ignitions or fuel systems;

(G)

A tracking system that uses satellites, radio or electronic means; or

(H)

Other similar or related chemicals, substances, devices, products, systems or services that are designed to prevent loss or damage to a motor vehicle from a specific cause.

(b)

“Vehicle protection product” does not include:

(A)

A fuel or oil additive; or

(B)

Other chemical products that are applied to a motor vehicle’s engine, transmission or fuel system.

(6)

(a) “Warrantor” means a person that a vehicle protection product warranty names as the contractual obligor to the consumer.

(b)

“Warrantor” does not include an authorized insurer that provides a warranty reimbursement insurance policy. [2007 c.685 §1; 2013 c.527 §3]
§§ 646A.600 to 646A.628

Law Review Citations

52 WLR 451 (2016)

§§ 646A.400 to 646A.418

(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)


Source

Last accessed
Jun. 26, 2021