Joseph Mitsch purchased a used Chevrolet Yukon SUV vehicle from Rockenbach Chevrolet. The Yukon was manufactured by General Motors Corporation (GMC). The Yukon had been driven over 36,000 miles. The purchase contract with Rockenbach Chevrolet contained the following disclaimer:
As is this used motor vehicle is sold as is. The purchaser will bear the entire expense of repairing or correcting any defects that presently exist or that may occur in the vehicle.
Mitsch purchased GMC’s extended service plan for the Yukon. During a period of approximately 18 months, Mitsch experienced problems with the Yukon’s transmission, engine, suspension, and climate control.
All the repairs were made by GMC dealerships and paid for by the GMC extended service plan. Mitsch sued Rockenbach Chevrolet for breach of the implied warranty of merchantability and sought to rescind his acceptance of the Yukon. Rockenbach Chevrolet argued that the “as is” disclaimer barred Mitsch’s claim. Mitsch alleged that the “as is” disclaimer was not conspicuous and should be voided. Is the “as is” disclaimer conspicuous, and does it therefore properly disclaim the implied warranty of merchantability? Mitsch v. Rockenbach Chevrolet, 359 Ill. App. 3d 99, 833 N. E. 2d 936, 2005 Ill. App. Lexis 699 (Appellate Court of Illinois, 2005)

  • CreatedAugust 12, 2015
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