(1) If the manufacturer or its agents or authorized dealers are unable to conform the motor vehicle to any applicable manufacturer’s express warranty by repairing or correcting any defect or condition that substantially impairs the use, market value or safety of the motor vehicle to the consumer after a reasonable number of attempts, the manufacturer shall:
(a) Replace the motor vehicle with a new motor vehicle; or
(b) Accept return of the vehicle from the consumer and refund to the consumer the full purchase or lease price paid, including taxes, license and registration fees and any similar collateral charges excluding interest, less a reasonable allowance for the consumer’s use of the vehicle.
(2) Refunds shall be made to the consumer and lienholder, if any, as their interests may appear. A reasonable allowance for use is that amount directly attributable to use by the consumer prior to the first report of the nonconformity to the manufacturer, agent or dealer and during any subsequent period when the vehicle is not out of service by reason of repair.
(3) It shall be an affirmative defense to any claim under ORS 646A.400 to 646A.418:
(a) That an alleged nonconformity does not substantially impair such use, market value or safety; or
(b) That a nonconformity is the result of abuse, neglect or unauthorized modifications or alterations of the motor vehicle by the consumer. [Formerly 646.335]Section: Previous 646A.365 646A.370 646A.372 646A.374 646A.376 646A.400 646A.402 646A.404 646A.406 646A.408 646A.410 646A.412 646A.414 646A.416 646A.418 Next
Last modified: August 7, 2008