Oregon Statutes - Chapter 650 - Franchise Transactions - Section 650.300 - Definitions for ORS 650.300 to 650.480.

As used in ORS 650.300 to 650.480:

(1) “Area of sales responsibility” means the geographic area for which a grantor has granted a dealer the exclusive right to sell recreational vehicles manufactured or distributed by the grantor.

(2) “Camper” has the meaning given that term in ORS 801.180.

(3) “Consumer” means a purchaser or lessee, other than for purposes of resale, of a product.

(4) “Dealer” means a person that:

(a) Is certified under ORS 822.020 as a vehicle dealer in this state; and

(b) Sells or leases recreational vehicles to the motoring public in this state.

(5) “Dealership agreement” means a written agreement pursuant to which a grantor grants a dealer the right:

(a) To sell or lease recreational vehicles or recreational vehicle services offered by the grantor; or

(b) To use a trade name, trademark, service mark, logo or other commercial symbol in the sale or distribution of recreational vehicles offered by the grantor.

(6) “Distributor” means a person that purchases new recreational vehicles for resale to a dealer.

(7) “Family” means:

(a) A parent, sibling, spouse, child, nephew, niece or grandchild of a dealer if the dealer is an individual; or

(b) The spouse of the dealer’s parent, sibling, child, nephew, niece or grandchild.

(8) “Fifth wheel hitch” has the meaning given that term in ORS 801.275.

(9) “Grantor” means a manufacturer or distributor of recreational vehicles.

(10) “Line make” means new recreational vehicles that:

(a) A grantor or dealer offers for sale, lease or distribution under the grantor’s trade name, trademark, service mark, logo or other commercial symbol;

(b) Are intended for sale or lease to a specific segment of the motoring public based upon the vehicles’ decor, equipment, features, price, size and weight;

(c) Have bodies, chassis and frames that, in the view of the motoring public, place the recreational vehicles in the same distinct class of recreational vehicle;

(d) Have lengths and interior floor plans that distinguish the recreational vehicles from recreational vehicles with substantially the same decor, equipment, features, price and weight; and

(e) A dealership agreement authorizes a dealer to sell or lease.

(11) “Manufacturer” means a person engaged in the manufacture of new recreational vehicles.

(12) “Motor home” has the meaning given that term in ORS 801.350.

(13) “Net invoice cost” means the price a dealer paid for a product, less any rebate or discount, plus taxes the dealer paid on the product and any sums the dealer paid to transport the product to the dealer.

(14) “Product” means a recreational vehicle or an accessory, part, equipment, machine, tool or sign of or for a recreational vehicle.

(15) “Proprietary part or accessory” means a part or accessory of or for a recreational vehicle manufactured by or for a grantor and sold to dealers only by the grantor.

(16) “Recreational vehicle” means a vehicle with or without motive power that is designed for human occupancy and to be used temporarily for recreational, seasonal or emergency purposes, including but not limited to a travel trailer, trailer towed with a fifth wheel hitch, camper, camping trailer, fold-up camping trailer, pop-up, tent camper, truck camper and motor home. “Recreational vehicle” does not include a bus as defined in ORS 184.675 with a chassis length of not less than 35 feet that has been converted into a motor coach.

(17) “Travel trailer” has the meaning given that term in ORS 801.565.

(18) “Warrantor” means a person that makes a warranty.

(19) “Warranty” means a warranty made to a consumer for a new product, without charge, that is not negotiated or separated from the sale of the product and is incidental to the sale of the product, and that guarantees indemnity for defective parts, mechanical or electrical breakdown, labor or other remedial measures such as repair or replacement. “Warranty” does not include a service contract, insurance or extended warranty sold for separate consideration by a dealer or other person not under the control of a manufacturer. [2003 c.377 §1]

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Last modified: August 7, 2008