Procedures for replacement or refund
(1)To receive the refund or replacement described in ORS 646A.466 (Replacement or refund after attempt to repair), the consumer shall offer to the manufacturer of the assistive device, the dealer who sold or leased the device or any authorized dealer to transfer possession of the device having the nonconformity. The manufacturer shall:
(a)Make the refund within 14 calendar days after the consumer offers to transfer possession;
(b)Make the replacement within 30 calendar days after the consumer offers to transfer possession; or
(c)Provide the consumer a loaner for use if the replacement is not made within 14 calendar days after the consumer offers to transfer possession. The loaner may be used until replacement is made.
(2)The manufacturer may require as a condition of making a timely refund or replacement described in ORS 646A.466 (Replacement or refund after attempt to repair) that the consumer deliver possession of the original assistive device to the manufacturer, the dealer who sold or leased the device or any authorized dealer and sign any documents necessary to transfer title and possession of the device, or necessary to provide evidence of the transfer, to any person designated by the manufacturer.
(3)Subsection (2) of this section applies only if:
(a)The time and place of the mutual activities described in subsection (2) of this section are readily accessible to the consumer; and
(b)The manufacturer provides the consumer written notice in 12-point bold type stating in clear and understandable language the time and place of the mutual activities and directing the consumer to meet at that time and place. The notice must be received by the consumer no later than four business days before the time of the mutual activities.
(4)A person shall not enforce a lease against the consumer for use of an assistive device during any period of nonconformity or after the consumer returns the device to the manufacturer as described by this section. [Formerly 646.490]
Section 646A.468 — Procedures for replacement or refund,