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12.8 Ethics Case Joseph Mitsch purchased a used Chevrolet Yukon sport-utility vehicle (SUV) from Rockenbach Chevrolet. The Yukon was manufactured by General Motors Corporation (GMC).
12.8 Ethics Case Joseph Mitsch purchased a used Chevrolet Yukon sport-utility vehicle (SUV) 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 GMCs extended service plan for the Yukon. During a period of approximately 18 months Mitsch experienced problems with the Yukons transmission, engine, suspension, and climate control. All of 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 Mitschs claim. Mitsch alleged that the as is disclaimer was not conspicuous and should be voided. Mitsch v. Rockenbach Chevrolet, 833 N.E.2d 936, 2005 Ill. App. Lexis 699 (Appellate Court of Illinois) What is an as is disclaimer? Was the as is disclaimer conspicuous and did it properly disclaim the implied warranty of merchantability? Did Mitch act ethically in bringing this case? Should as is disclaimers be permitted by law
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