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, […]
When determining whether good cause exists for an action, a person shall consider: (1) Concerning the dealer affected by the action: (a) The extent of the dealer’s sales and leases of recreational vehicles in the area of sales responsibility; (b) The nature and extent of the dealer’s investment in the dealer’s business; (c) Whether the […]
(1) A dealership agreement shall: (a) Contain a provision that the law of this state governs the agreement; (b) Assign the dealer an area of sales responsibility; (c) If the dealer is an individual, include the designation of a member of the dealer’s family to succeed to the dealer’s interests in the dealer’s business and […]
(1) As used in this section, “terms and conditions” includes rebates, discounts or any other program that may affect the ultimate price of a product. (2) If dealers compete for the sale or lease of recreational vehicles to the motoring public, a grantor shall offer to sell products to the dealers at the same prices […]
(1) Without good cause, a grantor may not: (a) Terminate, cancel or fail to renew a dealership agreement. (b) During the term of a dealership agreement, take an action that has a substantial adverse effect on a dealer’s ability to sell or lease recreational vehicles, including changing the dealer’s area of sales responsibility. (2) A […]
(1) Upon the termination or cancellation of or failure to renew a dealership agreement by the grantor, the grantor shall, at the dealer’s request and within 30 days of the termination, cancellation or failure to renew, purchase from the dealer: (a) All new recreational vehicles that the dealer purchased from the grantor within 12 months […]
(1) As used in this section, “coerce” includes threatening to terminate, cancel or fail to renew a dealership agreement without good cause. (2) A grantor may not coerce, or attempt to coerce, a dealer: (a) To purchase a product that the dealer did not order; (b) To enter into an agreement with the grantor; or […]
(1) A dealer shall give a grantor 30 days’ notice in writing before the dealer transfers an interest in a dealership agreement or ownership of a business that is the subject of a dealership agreement. (2) The dealer shall include in a notice under this section the identity, financial ability and qualifications of the proposed […]
(1) A grantor shall permit a dealer who is an individual to change the dealer’s designation of a member of the dealer’s family to succeed to the dealer’s interest in the dealer’s business and dealership agreement. (2) Upon the dealer’s death, incapacity or retirement, the grantor shall accept the transfer of the dealer’s interest in […]
(1) A warrantor shall, for a warranty provided by the warrantor: (a) Provide reasonable compensation to a dealer for diagnostic and repair services; (b) Allow a dealer reasonable periods for completing diagnostic and repair services; (c) Inform a dealer in writing of: (A) The compensation that the warrantor will pay the dealer to perform warranty […]
(1) A grantor or warrantor shall: (a) Assume the liability imposed upon a dealer because of defects in products the grantor or warrantor supplied to the dealer; and (b) Notify a dealer of: (A) A recall of a product. (B) The dates by which parts and equipment, including tires and chassis and parts of chassis, […]
(1) A dealer shall: (a) Perform warranty service in a timely and competent manner on a recreational vehicle that the dealer did not sell or lease if: (A) The vehicle is of the same line make the dealer offers; and (B) The grantor or warrantor has agreed to compensate the dealer for performing the warranty […]
(1) Before delivering a new recreational vehicle to a dealer, the grantor shall notify the dealer of: (a) Uncorrected damage to the vehicle. (b) Corrected damage that exceeded six percent of the net invoice cost of the vehicle to the dealer. (2) Before selling or leasing a new recreational vehicle to a consumer, the dealer […]
(1) Within three days of receiving a damaged or defective recreational vehicle from the grantor, the dealer shall: (a) Notify the grantor in writing of the damage or defect; and (b)(A) Ask the grantor to permit the dealer to repair the damage or correct the defect at the expense of the grantor; or (B) Reject […]
(1) A grantor may not sell a recreational vehicle to or through a dealer without having entered into a dealership agreement with the dealer. (2) A grantor may not own, operate or control a dealership in this state. (3) Notwithstanding subsection (2) of this section, a grantor may own, operate or control a dealership in […]
(1) Notwithstanding any dealership agreement: (a) A grantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the grantor’s negligence or intentional misconduct. (b) A dealer shall indemnify a grantor against and hold the grantor […]
(1) Notwithstanding any agreement to the contrary: (a) A warrantor shall indemnify a dealer against and hold the dealer harmless from any cost, loss or damage, including attorney fees, arising out of a claim, action or judgment based on the warrantor’s negligence or intentional misconduct. (b) A dealer shall indemnify a warrantor against and hold […]
(1) A dealer injured by a grantor’s violation of ORS 650.320, 650.330, 650.340, 650.350, 650.360, 650.370, 650.380, 650.400, 650.420, 650.430, 650.440 or 650.450 may bring a civil action against the grantor to recover the dealer’s actual damages. (2) A grantor injured by a dealer’s violation of ORS 650.370, 650.410, 650.420 or 650.450 may bring a […]
(1) A dealer injured by a warrantor’s violation of ORS 650.390, 650.400, 650.410 or 650.460 may bring a civil action against the warrantor to recover the dealer’s actual damages. (2) A warrantor injured by a dealer’s violation of ORS 650.410 or 650.460 may bring a civil action against the dealer to recover the warrantor’s actual […]
