Can a consumer contract waive Oregon consumer-protection rights?
For Oregon's consumer warranty statutes, ORS 72.8010 to 72.8200, waiver of their provisions by a buyer of consumer goods is void except where those sections expressly allow the waiver (ORS 72.8180). 'Consumer good' there means a new consumer good as defined in ORS 79A.1020, including a new motor vehicle, manufactured dwelling, modular home, machine, appliance or like product used or bought for use primarily for personal, family or household purposes, but not a soft good or a consumable (ORS 72.8010(1)). Three limits travel with that scheme: it applies to a consumer good sold on or after January 1, 1974, and ORS 72.8020, 72.8030, 72.8040 and 72.8090 only to a good manufactured on or after that date (72.8200); it does not apply to a defect or nonconformity caused by unauthorized or unreasonable use of the good after sale (72.8140); and its remedies are cumulative, so they do not restrict any otherwise available remedy, including those in ORS chapter 72 (72.8190).
The trap
A general term by which the buyer waives all warranty rights does not waive the 72.8010 to 72.8200 protections for a new consumer good unless those sections expressly allow that waiver; ORS 72.8050 is one section that does, because 72.8050(3) makes a buyer who takes a consumer good 'as is' under an effective statutory disclaimer waive the implied warranty so disclaimed (see the warranty-disclaimer rule). The protection is also bounded at the other end: nothing in ORS 72.8010 to 72.8200 reaches a defect caused by unauthorized or unreasonable use of the good after sale (72.8140), and the scheme does not reach a good sold before January 1, 1974 (72.8200).
6 authorities
- statuteORS 72.8180enactment date not established
The words that state the rule
Waiver of the provisions of ORS 72.8010 to 72.8200 by a buyer of consumer goods is void except where such a waiver is expressly allowed by ORS 72.8010 to 72.8200.
- statuteORS 72.8010enactment date not established
The words that state the rule
“Consumer good” means a new consumer good as defined in ORS 79A.1020 and includes, but is not limited to, a new motor vehicle, new manufactured dwelling, new modular home, new machine, new appliance or new like product used or bought for use primarily for personal family or household purposes. However, “consumer good” does not include a soft good or a consumable.
- statuteORS 72.8050enactment date not established
The words that state the rule
A buyer of a consumer good on an “as is” or “with all faults” basis under effective disclaimer of the implied warranty of merchantability or the implied warranty of fitness waives the implied warranty so effectively disclaimed.
- statuteORS 72.8140enactment date not established
The words that state the rule
ORS 72.8010 to 72.8200 do not apply to any defect or nonconformity in a consumer good caused by the unauthorized or unreasonable use of the good after sale.
- statuteORS 72.8190enactment date not established
The words that state the rule
The remedies provided by ORS 72.8010 to 72.8200 are cumulative and shall not be construed as restricting any remedy otherwise available including the remedies provided by ORS chapter 72.
- statuteORS 72.8200enactment date not established
The words that state the rule
ORS 72.8010 to 72.8200 apply to a consumer good sold on or after January 1, 1974. However, ORS 72.8020, 72.8030, 72.8040 and 72.8090 only apply to a consumer good manufactured on or after January 1, 1974.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.