There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 2, Chapters 56 - 89
ORS Chapter 72
- 72.010, 72.020, 72.030, 72.040, 72.050, 72.060, 72.070, 72.080, 72.090, 72.100, 72.110, 72.120, 72.130, 72.140, 72.150, 72.160, 72.170, 72.180
- 72.1010 Short title.
- 72.1020 Scope; certain security and other transactions excluded from chapter.
- 72.1030 Definitions and index of definitions.
- 72.1040 Definitions: merchant ; financing agency ; between merchants.
- 72.1050 Definitions: goods ; future goods; lot ; commercial unit.
- 72.1060 Definitions: contract ; agreement ; contract for sale ; sale ; present sale ; conforming to contract; termination ; cancellation.
- 72.1070 Goods to be severed from realty; recording.
- 72.2010 Formal requirements: statute of frauds.
- 72.2020 Final written expression: parol or extrinsic evidence.
- 72.2030 Seals inoperative.
- 72.2040 Formation in general.
- 72.2050 Firm offers.
- 72.2060 Offer and acceptance in formation of contract.
- 72.2070 Additional terms in acceptance or confirmation.
- 72.2080 [1961 c.726 72.2080; repealed by 2009 c.181 116]
- 72.2090 Modification, rescission and waiver.
- 72.2100 Delegation of performance; assignment of rights.
- 72.3010 General obligations of parties.
- 72.3020 Unconscionable contract or clause.
- 72.3030 Allocation or division of risks.
- 72.3040 Price payable in money, goods, realty or otherwise.
- 72.3050 Open price term.
- 72.3060 Output, requirements and exclusive dealings.
- 72.3070 Delivery in single lot or several lots.
- 72.3080 Absence of specified place for delivery.
- 72.3090 Absence of specific time provisions; notice of termination.
- 72.3100 Open time for payment or running of credit; authority to ship under reservation.
- 72.3110 Options and cooperation respecting performance.
- 72.3120 Warranty of title and against infringement; buyer s obligation against infringement.
- 72.3130 Express warranties by affirmation, promise, description, sample.
- 72.3140 Implied warranty: merchantability; usage of trade.
- 72.3150 Implied warranty: fitness for particular purpose.
- 72.3160 Exclusion or modification of warranties; livestock warranty.
- 72.3170 Cumulation and conflict of warranties express or implied.
- 72.3180 Third party beneficiaries of warranties express or implied.
- 72.3190 F.O.B. and F.A.S. terms.
- 72.3200 C.I.F. and C. and F. terms.
- 72.3210 C.I.F. or C. and F.: net landed weights ; payment on arrival ; warranty of condition on arrival.
- 72.3220 Delivery ex-ship.
- 72.3230 Form of bill of lading required in overseas shipment; overseas.
- 72.3240 No arrival, no sale term.
- 72.3250 Letter of credit term; confirmed credit.
- 72.3260 Sale on approval and sale or return; rights of creditors.
- 72.3270 Special incidents of sale on approval and sale or return.
- 72.3280 Sale by auction.
- 72.4005 Definitions for ORS 72.4010 and 72.4030.
- 72.4010 Passing of title; reservation for security; limited application of ORS 72.4010.
- 72.4020 Rights of seller s creditors against sold goods.
- 72.4030 Power to transfer; good faith purchase of goods; entrusting.
- 72.5010 Insurable interest in goods; manner of identification of goods.
- 72.5020 Buyer s right to goods on seller s repudiation, failure to deliver or insolvency.
- 72.5030 Manner of seller s tender of delivery.
- 72.5040 Shipment by seller.
- 72.5050 Seller s shipment under reservation.
- 72.5060 Rights of financing agency.
- 72.5070 Effect of seller s tender; delivery on condition.
- 72.5080 Cure by seller of improper tender or delivery; replacement.
- 72.5090 Risk of loss in the absence of breach.
- 72.5100 Effect of breach on risk of loss.
- 72.5110 Tender of payment by buyer; payment by check.
- 72.5120 Payment by buyer before inspection.
- 72.5130 Buyer s right to inspection of goods.
- 72.5140 When documents deliverable on acceptance; when on payment.
- 72.5150 Preserving evidence of goods in dispute.
- 72.6010 Buyer s rights on improper delivery.
- 72.6020 Manner and effect of rightful rejection.
- 72.6030 Merchant buyer s duties as to rightfully rejected goods.
- 72.6040 Buyer s options as to salvage of rightfully rejected goods.
- 72.6050 Waiver of buyer s objections by failure to particularize.
- 72.6060 What constitutes acceptance of goods.
- 72.6070 Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over.
- 72.6080 Revocation of acceptance in whole or in part.
- 72.6090 Right to adequate assurance of performance.
- 72.6100 Anticipatory repudiation.
- 72.6110 Retraction of anticipatory repudiation.
- 72.6120 Installment contract ; breach.
- 72.6130 Casualty to identified goods.
- 72.6140 Substituted performance.
- 72.6150 Excuse by failure of presupposed conditions.
- 72.6160 Procedure on notice claiming excuse.
- 72.7010 Remedies for breach of collateral contracts not impaired.
- 72.7020 Seller s remedies on discovery of buyer s insolvency.
- 72.7030 Seller s remedies in general.
- 72.7040 Seller s right to identify goods to the contract notwithstanding breach or to salvage unfinished goods.
- 72.7050 Seller s stoppage of delivery in transit or otherwise.
- 72.7060 Seller s resale including contract for resale.
- 72.7070 Person in the position of a seller.
- 72.7080 Seller s damages for nonacceptance or repudiation.
- 72.7090 Action for the price.
- 72.7100 Seller s incidental damages.
- 72.7110 Buyer s remedies in general; buyer s security interest in rejected goods.
- 72.7120 Cover ; buyer s procurement of substitute goods.
- 72.7130 Buyer s damages for nondelivery or repudiation.
- 72.7140 Buyer s damages for breach in regard to accepted goods.
- 72.7150 Buyer s incidental and consequential damages.
- 72.7160 Buyer s right to specific performance or replevin.
- 72.7170 Deduction of damages from the price.
- 72.7180 Liquidation or limitation of damages; deposits.
- 72.7190 Contractual modification or limitation of remedy.
- 72.7200 Effect of cancellation or rescission on claims for antecedent breach.
- 72.7210 Remedies for fraud.
- 72.7220 Who can sue third parties for injury to goods.
- 72.7230 Proof of market price: time and place.
- 72.7240 Admissibility of market quotations.
- 72.7250 Statute of limitations in contracts for sale.
- 72.8010 Definitions for ORS 72.8010 to 72.8200.
- Note: 72.8010 to 72.8200 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 72 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 72.8020 Manufacturer s implied warranty of merchantability.
- Note: See note under 72.8010.
- 72.8030 Manufacturer s implied warranty of fitness.
- Note: See note under 72.8010.
- 72.8040 Retailer s or distributor s implied warranty of fitness.
- Note: See note under 72.8010.
- 72.8050 Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect.
- Note: See note under 72.8010.
- 72.8060 Express warranty.
- Note: See note under 72.8010.
- 72.8070 Right to make express warranty; effect of express warranty upon disclaimer; duration of implied warranty of merchantability or implied warranty of fitness.
- Note: See note under 72.8010.
- 72.8090 Form of express warranty; designation of service and repair facilities.
- Note: See note under 72.8010.
- 72.8100 Manufacturer s service and repair; facilities within state; nonconforming good; inability to service; buyer s delivery or notice of nonconforming good.
- Note: See note under 72.8010.
- 72.8110 Retailer s service and repair of nonconforming good in absence of manufacturer s service and repair facilities within state; buyer s delivery or notice of nonconforming good.
- Note: See note under 72.8010.
- 72.8120 Time for commencement of service and repair; effect of delay; tender of conforming goods.
- Note: See note under 72.8010.
- 72.8130 Liability to retailer of manufacturer not maintaining service and repair facility within state.
- Note: See note under 72.8010.
- 72.8140 Unauthorized or unreasonable use after sale.
- Note: See note under 72.8010.
- 72.8150 Service contract in addition to or in lieu of express warranty.
- Note: See note under 72.8010.
- 72.8160 Express warranty in addition to implied warranties.
- Note: See note under 72.8010.
- 72.8170 Authority of manufacturer who makes express warranty to suggest methods of effectuating service and repair.
- Note: See note under 72.8010.
- 72.8180 Buyer s waiver of ORS 72.8010 to 72.8200.
- Note: See note under 72.8010.
- 72.8190 Status of remedies under ORS 72.8010 to 72.8200; effect of unconstitutionality.
- Note: See note under 72.8010.
- 72.8200 Operative dates.
- Note: See note under 72.8010. _______________
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