(1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer’s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer:
(a) All new recreational vehicles that the dealer purchased from the grantor within 12 months prior to the effective date of the termination, cancellation or failure to renew and for which a consumer has not obtained a title as defined in ORS 801.526;
(b) If accompanied by the original invoice, all current and undamaged proprietary parts and accessories that the dealer purchased from the grantor within 120 days prior to the effective date of the termination, cancellation or failure to renew; and
(c) All functioning equipment, machines and tools and all current signs that the dealer purchased from the grantor at the grantor’s request in the five years before termination, cancellation or failure to renew and that cannot continue to be used in the normal course of the dealer’s business.
(2) Subsection (1)(a) of this section does not apply to a recreational vehicle that:
(a) The dealer has sold or leased to a consumer or that has been used for more than demonstration or materially altered; or
(b) Has been damaged to the extent requiring disclosure to a consumer under ORS 650.420.
(3) For the purposes of subsection (1)(a) of this section:
(a) If a new recreational vehicle has not been damaged, the sum due for the recreational vehicle is the net invoice cost.
(b) If a new recreational vehicle has been damaged but less than to the extent requiring disclosure to a consumer under ORS 650.420, the sum due for the recreational vehicle is the net invoice cost less the cost to repair the vehicle.
(4) The sum due for a proprietary part or accessory under subsection (1)(b) of this section is 105 percent of the net invoice cost plus the cost to the dealer to transport the part or accessory to the grantor.
(5) The sum due for equipment, machines, tools and signs under subsection (1)(c) of this section is the net invoice cost of the equipment, machines, tools and signs.
(6) A grantor shall pay a dealer the sum due in full within 30 days of receiving a product from a dealer under this section. [2003 c.377 §6; 2005 c.47 §1]
Section: Previous 650.245 650.250 650.300 650.310 650.320 650.330 650.340 650.350 650.360 650.370 650.380 650.390 650.400 650.410 650.420 NextLast modified: August 7, 2008