Illinois Compiled Statutes
810 ILCS 5/2A-214 (2026)
Exclusion or modification of warranties
✓ current as of May 2026
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(810 ILCS 5/2A-214)
(from Ch. 26, par. 2A-214)
Sec. 2A-214.
Exclusion or modification of warranties.
(1) Words or conduct relevant to the creation of an
express warranty and words or conduct tending to negate or
limit a warranty must be construed wherever reasonable as
consistent with each other; but, subject to the provisions of
Section 2A-202 on parol or extrinsic evidence, negation or
limitation is inoperative to the extent that the construction is
unreasonable.
(2) Subject to subsection (3), to exclude or modify the
implied warranty of merchantability or any part of it the
language must mention "merchantability", be by a writing, and
be conspicuous. Subject to subsection (3), to exclude or modify
any implied warranty of fitness the exclusion must be by
a writing and be conspicuous. Language to exclude all implied
warranties of fitness is sufficient if it is in writing, is conspicuous and
states, for example, "There is no warranty that the goods will be fit for a
particular purpose.".
(3) Notwithstanding subsection (2), but subject to
subsection (4),
(a) unless the circumstances indicate otherwise, all | implied warranties are excluded by expressions like "as is" or "with all faults" or by other language that in common understanding calls the lessee's attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous; |
(b) if the lessee before entering into the lease | contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and |
(c) an implied warranty may also be excluded or | modified by course of dealing, course of performance, or usage of trade. |
(4) To exclude or modify a warranty against interference
or against infringement (Section 2A-211) or any part of it, the
language must be specific, be by a writing, and be conspicuous,
unless the circumstances, including course of performance,
course of dealing, or usage of trade, give the lessee reason to
know that the goods are being leased subject to a claim or
interest of any person.
(Source: P.A. 87-493.)
Notes of Decisions
Cited in 3
cases, 2003–2003 · leading case: Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003).
Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003). “Lessor makes no warranty of merchantability or fitness of the Vehicle for any particular purpose, or any other representation or warranty whatsoever.”
Voelker v. Porsche Cars North Am., Inc., 353 F.3d 516 (7th Cir. 2003). “Lessor makes no warranty of merchantability or fitness of the Vehicle for any particular purpose, or any other representation or warranty whatsoever .... ” Because this disclaimer was in writing and conspicuous, and because it expressly mentioned merchantability, it shields…”
Voelker, Daniel J. v. Porsche Cars North (7th Cir. 2003). “810 ILCS5/2A-214; cf. Basselen v. General Motors Corp.”
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