Bill Text: OR HB2874 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to warranties provided to consumers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2874 Detail]

Download: Oregon-2011-HB2874-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 207

                         House Bill 2874

Sponsored by Representative CLEM (Presession filed.)

                             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 in connection with providing 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 described in
sub-subparagraph (i) or (ii) of this subparagraph.
  (c) 'Warranty item' means a part, component, system, assembly
or other item that a manufacturer, distributor, retailer or
seller provides to a consumer to preserve or maintain the utility
of goods in compliance with the terms of a warranty.
  (d) 'Warranty service' means a service that a manufacturer,
distributor, retailer or seller provides to a consumer in
compliance with the terms of a warranty.

  (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 a warranty item due to
the consumer; or
  (B) The extent, degree, type, quality or availability of a
warranty service due to the consumer;
  (b) Restrictions or limitations on the quantity of, number of
occasions on which or dates or times at which a consumer may
receive a warranty item or a warranty service due to the
consumer; and
  (c) Charges or fees that a consumer would have to pay for the
manufacturer, distributor, retailer or seller to provide a
warranty item or a warranty service due to the consumer 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 providing a warranty item or a
warranty service due to a consumer 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 2011 Act applies to
warranties provided with consumer goods that are manufactured,
distributed or sold on or after the effective date of this 2011
Act or services that are performed on or after the effective date
of this 2011 Act. + }
                         ----------