2017 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 072 - Sales
Section 72.8050 - Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect.
(1) Except with respect to sale of a consumer good by means of a mail-order catalog, on sale of a consumer good on an "as is" or "with all faults" basis effective disclaimer of the implied warranty of merchantability or the implied warranty of fitness requires that a conspicuous writing attached to the consumer good clearly informs the buyer before sale in simple and concise language that:
(a) The good is being sold on an "as is" or "with all faults" basis;
(b) The entire risk as to the quality and performance of the good is with the buyer; and
(c) If the good proves defective after purchase, the buyer and not the manufacturer, distributor or retailer assumes the entire cost of all necessary servicing or repair.
(2) On sale of a consumer good by means of a mail-order catalog effective disclaimer of the implied warranty of merchantability or the implied warranty of fitness requires that the catalog offering the good contain, with respect to each item or good so offered, the conspicuous writing and information otherwise prescribed by subsection (1) of this section.
(3) 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. [1973 c.413 §6]
Note: See note under 72.8010.
