How can I get a refund or warranty repair for a defective product in Oregon?

What Oregon law says

A manufacturer who gives an express warranty must either maintain adequate service and repair facilities in Oregon or be subject to the statutory procedures under Or. Rev. Stat. § 72.8100. That statute says the manufacturer must cause service or repair to be commenced as soon as possible and, if it cannot perform the warranty remedy, must replace the good or reimburse the buyer the purchase price less reasonable charges for beneficial use and damage. If the manufacturer does not have facilities in the state, a buyer may return the nonconforming good to the retail seller for replacement or service in accordance with the warranty, and if the retail seller does not effect repair or replacement the seller must reimburse the buyer in the amount of the purchase price paid less reasonable use and damage, under Or. Rev. Stat. § 72.8110. The remedies for fraud or material misrepresentation include all remedies available for nonfraudulent breach, and rescission or return of goods does not bar a damages claim under Or. Rev. Stat. § 72.7210. At the federal level, Magnuson-Moss requires warrantors to remedy defects within a reasonable time without charge and, after a reasonable number of attempts, to permit the consumer to choose a refund or replacement, see 15 U.S.C. § 2304. The federal rules also set disclosure requirements for written warranties, see 15 U.S.C. § 2302 and require informal dispute procedures to meet Commission rules, see 15 U.S.C. § 2310.

What to do

1. A common first step is to contact the retailer or the manufacturer and describe the defect and the remedy sought, noting any express warranty terms.
2. A common next step is to provide written notice of nonconformity to the manufacturer or retail seller, which can count as return if the item cannot reasonably be delivered.
3. A common option is to request that the seller or manufacturer repair or replace the good under the express warranty, or refund the purchase price if repair or replacement cannot be done.
4. A common step if in-state manufacturer facilities are lacking is to pursue repair, replacement, or refund through the retail seller under ORS 72.8110.
5. A common step after failed repair attempts is to consider informal dispute settlement procedures identified in the written warranty or remedies available under federal law (Magnuson-Moss).

Grounded in current Oregon law

• statuteOr. Rev. Stat. § 72.7210
• statuteOr. Rev. Stat. § 72.8110
• statuteOr. Rev. Stat. § 72.8100
• statute15 U.S.C. § 2310
• statute15 U.S.C. § 2302
• statute15 U.S.C. § 2304
• caseDenson v. Ron Tonkin Gran Turismo, Inc.
• caseSearle v. Exley Express, Inc.
• caseScott v. Western International Surplus Sales, Inc.
• caseRussell v. Ford Motor Co.

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