ORS 646A.406 - Presumption of reasonable attempt to conform

ORS 646A.406
Presumption of reasonable attempt to conform

extension of time for repairs
notice to manufacturer

(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]

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)

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Trade Regulation

ORS 646A.406
Presumption of reasonable attempt to conform

extension of time for repairs

notice to manufacturer

(1)

(a)

(b)

(c)

(2)

(3)

(4)

Notes of Decisions

Source

Trade Regulation

ORS 646A.406 Presumption of reasonable attempt to conform extension of time for repairs notice to manufacturer

(1)

(a)

(b)

(c)

(2)

(3)

(4)

Notes of Decisions

Source

ORS 646A.406
Presumption of reasonable attempt to conform

extension of time for repairs

notice to manufacturer