§ 646A.318 — Warranty claims; processing

Oregon § 646A.318

• Jurisdiction: Oregon
• Vol.: 16
• Title 50: Trade Regulations and Practices
• Ch. 646A: Trade Regulation

Text

(1) A supplier shall approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim.
(2) If a supplier does not approve or disapprove a warranty claim in writing within 30 calendar days of the supplier’s receipt of the claim, the supplier shall pay the claim within 60 calendar days of receipt of the claim.
(3) A supplier that approves a warranty claim shall pay the claim within 30 calendar days of the claim’s approval.
(4) A supplier that disapproves a warranty claim shall, in the writing required by subsection (1) of this section, notify the retailer of the reasons for the disapproval.
(5) If a supplier disapproves a warranty claim because the retailer failed to comply with procedures for submitting the claim prescribed by the retailer agreement, the retailer may resubmit the claim within 30 calendar days of the retailer’s receipt of the supplier’s disapproval.
(6) A supplier may not disapprove a warranty claim as untimely if the claim covers service or parts provided while a retailer agreement was in effect.
(7)(a) For one year after payment of a warranty claim, the supplier may audit records that support the claim.
(b) A supplier may not audit a record that supports a claim more than one year after paying the claim unless an audit has disclosed that the retailer submitted a false claim.
(c) A supplier may:
(A) Adjust a claim paid in error;
(B) Require a retailer to return payment made on a false claim; and
(C) If the retailer owes an amount to the supplier, credit the amount of a claim to the retailer’s account.

Legislative History

Formerly 646.454