Clemons v. Nissan North America, Inc.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (4th) 120943
Decision Date: 
October 11, 2013
District: 
4th Dist.
Division/County: 
Sangamon Co.
Justice: 
KNECHT
Holding: 
Reversed and remanded.
Plaintiff sued car manufacturer for breach of written warranty and breach of implied warranty. Defendant cannot disclaim an implied warranty where a written warranty exists. If Defendant was disclaiming party, the "as is" clause would be ineffective as it is inconsistent with its written warranty and promise to repair. Although Illinois law supports waiver of implied warranty through "as is" clause, a third party's "as is" clause does not void a manufacturer's written warranty. (STEIGMANN and TURNER, concurring.)