Victory Lane Ford

Initial Business Response / [redacted] (1000, 5, 2015/11/23) */ The tires that were place on this vehicle were chosen do to the after market wheels that the customer had on the vehicle at the time of tradeThis vehicle was offered and sold in an “as is†conditionThe customer was aware of this through out the buying process and was given plenty of time to examine the vehicle prior to the finale purchaseWe have already done a brake repair on this vehicle at a 50/split and are now offering to split the expense 50/on the tires with the customer which is well above any responsibility we have do to the “as is†nature of the sale, as highlighted below ILCS 5/2-314) (from Ch26, par2-314) Sec2-Implied warranty: merchantability; usage of trade (1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kindUnder this Section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale (2) Goods to be merchantable must be at least such as (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair average quality within the description; and (c) are fit for the ordinary purposes for which such goods are used; and (d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and (e) are adequately contained, packaged, and labeled as the agreement may require; and (f) conform to the promises or affirmations of fact made on the container or label if any (3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade (Source: Laws 1961, p2101.) (ILCS 5/2-315) (from Ch26, par2-315) Sec2-Implied warranty: fitness for particular purpose Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose (Source: Laws 1961, p2101.) (ILCS 5/2-316) (from Ch26, par2-316) Sec2-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 warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this Article on parol or extrinsic evidence (Section 2-202) negation or limitation is inoperative to the extent that such 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 and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuousLanguage to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof." (3) Notwithstanding subsection (2) (a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and (b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and (c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade; and (d) the implied warranties of merchantability and fitness for a particular purpose do not apply to the sale of cattle, swine, sheep, horses, poultry and turkeys, or the unborn young of any of the foregoing, provided the seller has made reasonable efforts to comply with State and federal regulations pertaining to animal healthThis exemption does not apply if the seller had knowledge that the animal was diseased at the time of the sale (4) Remedies for breach of warranty can be limited in accordance with the provisions of this Article on liquidation or limitation of damages and on contractual modification of remedy (Sections 2-and 2-719) (Source: P.A82-234.)

First, this vehicle was purchase over a decade ago We will have already destroyed all of our deals from that far back Once we finalize the deal we send the title and payment to the State of Illinois After that our company has nothing to do with the processing of the title If the State never sent the title to the finance company or the finance company never sent him the title that is an issue that needs to be taken up with them

First, this vehicle was purchase over a decade ago.  We will have already destroyed all of our deals from that far back.  Once we finalize the deal we send the title and payment to the State of Illinois.  After that our company has nothing to do with the processing of the title....

 If the State never sent the title to the finance company or the finance company never sent him the title that is an issue that needs to be taken up with them.

Initial Business Response /* (1000, 5, 2015/11/23) */
The tires that were place on this vehicle were chosen do to the after market wheels that the customer had on the vehicle at the time of trade. This vehicle was offered and sold in an “as is” condition. The customer was aware of this...

through out the buying process and was given plenty of time to examine the vehicle prior to the finale purchase. We have already done a brake repair on this vehicle at a 50/50 split and are now offering to split the expense 50/50 on the tires with the customer which is well above any responsibility we have do to the “as is” nature of the sale, as highlighted below.
810 ILCS 5/2-314) (from Ch. 26, par. 2-314)
Sec. 2-314. Implied warranty: merchantability; usage of trade.
(1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this Section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as
(a) pass without objection in the trade under the
contract description; and
(b) in the case of fungible goods, are of fair
average quality within the description; and
(c) are fit for the ordinary purposes for which such
goods are used; and
(d) run, within the variations permitted by the
agreement, of even kind, quality and quantity within each unit and among all units involved; and
(e) are adequately contained, packaged, and labeled
as the agreement may require; and
(f) conform to the promises or affirmations of fact
made on the container or label if any.
(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.
(Source: Laws 1961, p. 2101.)
(810 ILCS 5/2-315) (from Ch. 26, par. 2-315)
Sec. 2-315. Implied warranty: fitness for particular purpose.
Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.
(Source: Laws 1961, p. 2101.)
(810 ILCS 5/2-316) (from Ch. 26, par. 2-316)
Sec. 2-316. 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 warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this Article on parol or extrinsic evidence (Section 2-202) negation or limitation is inoperative to the extent that such 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 and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that "There are no warranties which extend beyond the description on the face hereof."
(3) Notwithstanding subsection (2)
(a) unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like "as is", "with all faults" or other language which in common understanding calls the buyer's attention to the exclusion of warranties and makes plain that there is no implied warranty; and
(b) when the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and
(c) an implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade; and
(d) the implied warranties of merchantability and fitness for a particular purpose do not apply to the sale of cattle, swine, sheep, horses, poultry and turkeys, or the unborn young of any of the foregoing, provided the seller has made reasonable efforts to comply with State and federal regulations pertaining to animal health. This exemption does not apply if the seller had knowledge that the animal was diseased at the time of the sale.
(4) Remedies for breach of warranty can be limited in accordance with the provisions of this Article on liquidation or limitation of damages and on contractual modification of remedy (Sections 2-718 and 2-719).
(Source: P.A. 82-234.)