75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 697
 
                         House Bill 3152
 
Sponsored by Representative CLEM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that reduction in, restriction or limitation on, or
charge or fee imposed in connection with provision of item or
service due to consumer under terms of warranty is void and of no
effect unless manufacturer, distributor, retailer or seller
discloses reduction, restriction, limitation, charge or fee.
 
                        A BILL FOR AN ACT
Relating to warranties provided to consumers.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section:
  (a) 'Conspicuous text' means underlined text, text displayed in
italics, boldface, a contrasting color or capitals, or text
otherwise enhanced so that a reasonable person against whom the
text is to operate should have noticed the text.
  (b) 'Warranty' means an express written promise that a
manufacturer, distributor, retailer or seller:
  (A) Makes to a consumer without a separate charge or
negotiation as an incidental part of the sale of a consumer good
or service; and
  (B) Provides as a guarantee that the manufacturer, distributor,
retailer or seller will:
  (i) Preserve or maintain the utility or performance of the
consumer good or service;
  (ii) Provide indemnity for remedial measures necessary to
preserve or maintain the utility or performance of the consumer
good or service including, but not limited to, replacing a
defective part, repairing a mechanical or electrical breakdown,
restoring a function, providing labor, replacing the consumer
good or repeating the service; or
  (iii) Compensate the consumer if the manufacturer, distributor,
retailer or seller cannot meet the obligations set forth in
sub-subparagraph (i) or (ii) of this subparagraph.
  (2) A manufacturer, distributor, retailer or seller that
provides a warranty shall disclose in conspicuous text in the
document that sets forth the terms of the warranty:
  (a) Reductions or other changes that might occur at any point
during the period in which the warranty is in effect with respect
to:
  (A) The type, quality or availability of an item due to the
consumer under the terms of the warranty; or
 
  (B) The extent, degree, type, quality or availability of a
service due to the consumer under the terms of the warranty;
  (b) Restrictions or limitations on the quantity of, number of
occasions on which or dates or times at which a consumer may
receive an item or a service due to the consumer under the terms
of the warranty; and
  (c) Charges or fees that a consumer would have to pay for the
manufacturer, distributor, retailer or seller to provide an item
or a service due to the consumer under the terms of the warranty
without regard to the reductions, restrictions, limitations or
other changes described in paragraphs (a) and (b) of this
subsection.
  (3) A manufacturer's, distributor's, retailer's or seller's
reduction in, restriction or limitation on, or imposition of a
charge or fee in connection with the provision of an item or a
service due to a consumer under the terms of a warranty is void
and of no effect unless the manufacturer, distributor, retailer
or seller complies with the requirements set forth in subsection
(2) of this section. + }
  SECTION 2.  { + Section 1 of this 2009 Act applies to
warranties provided with consumer goods or services that are
manufactured, distributed or sold on or after the effective date
of this 2009 Act. + }
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