Clemons v. Nissan North America, Inc.

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.)