Oregon § 72.8050 Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect

Oregon Statutes

§ 72.8050 — Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect

Oregon § 72.8050

Vol.2

Title 8Commercial Transactions

Ch. 72Sales

This text of Oregon § 72.8050 (Disclaimer of implied warranty of merchantability or implied warranty of fitness; manner and effect) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 72.8050 (2026).

Text

(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 disc

Free access — add to your briefcase to read the full text and ask questions with AI

(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.