(810 ILCS 5/2A‑201) (from Ch. 26, par. 2A‑201)
Sec. 2A‑201. Statute of frauds.
(1) A lease contract is not enforceable by way of action or defense unless:
(a) the total payments to be made under the lease |
| contract, excluding payments for options to renew or buy, are less than $1,000; or | |
(b) there is a writing, signed by the party against |
| whom enforcement is sought or by that party's authorized agent, sufficient to indicate that a lease contract has been made between the parties and to describe the goods leased and the lease term. | |
(2) Any description of leased goods or of the lease term is sufficient and satisfies subsection (1)(b), whether or not it is specific, if it reasonably identifies what is described.
(3) A writing is not insufficient because it omits or incorrectly states a term agreed upon, but the lease contract is not enforceable under subsection (1)(b) beyond the lease term and the quantity of goods shown in the writing.
(4) A lease contract that does not satisfy the requirements of subsection (1), but which is valid in other respects, is enforceable:
(a) if the goods are to be specially manufactured or |
| obtained for the lessee and are not suitable for lease or sale to others in the ordinary course of the lessor's business, and the lessor, before notice of repudiation is received and under circumstances that reasonably indicate that the goods are for the lessee, has made either a substantial beginning of their manufacture or commitments for their procurement; | |
(b) if the party against whom enforcement is sought |
| admits in that party's pleading, testimony, or otherwise in court that a lease contract was made, but the lease contract is not enforceable under this provision beyond the quantity of goods admitted; or | |
(c) with respect to goods that have been received |
| and accepted by the lessee. | |
(5) The lease term under a lease contract referred to in subsection (4) is:
(a) if there is a writing signed by the party |
| against whom enforcement is sought or by that party's authorized agent specifying the lease term, the term so specified; | |
(b) if the party against whom enforcement is sought |
| admits in that party's pleading, testimony, or otherwise in court a lease term, the term so admitted; or | |
(c) a reasonable lease term.
(Source: P.A. 87‑493.) |
(810 ILCS 5/2A‑210) (from Ch. 26, par. 2A‑210)
Sec. 2A‑210. Express warranties.
(1) Express warranties by the lessor are created as follows:
(a) Any affirmation of fact or promise made by the |
| lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise. | |
(b) Any description of the goods which is made part |
| of the basis of the bargain creates an express warranty that the goods will conform to the description. | |
(c) Any sample or model that is made part of the |
| basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model. | |
(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as "warrant" or "guarantee", or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor's opinion or commendation of the goods does not create a warranty.
(Source: P.A. 87‑493.) |
(810 ILCS 5/2A‑212) (from Ch. 26, par. 2A‑212)
Sec. 2A‑212. Implied warranty of merchantability.
(1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
(2) Goods to be merchantable must be at least such as:
(a) pass without objection in the trade under the |
| description in the lease agreement; | |
(b) in the case of fungible goods, are of fair |
| average quality within the description; | |
(c) are fit for the ordinary purposes for which |
| goods of that type are used; | |
(d) run, within the variation permitted by the lease |
| agreement, of even kind, quality, and quantity within each unit and among all units involved; | |
(e) are adequately contained, packaged, and labeled |
| as the lease agreement may require; and | |
(f) conform to any promises or affirmations of fact |
| made on the container or label. | |
(3) Other implied warranties may arise from course of dealing or usage of trade.
(Source: P.A. 87‑493.) |
(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.) |
(810 ILCS 5/2A‑215) (from Ch. 26, par. 2A‑215)
Sec. 2A‑215. Cumulation and conflict of warranties express or implied. Warranties, whether express or implied, must be construed as consistent with each other and as cumulative, but if that construction is unreasonable, the intention of the parties determines which warranty is dominant. In ascertaining that intention the following rules apply:
(a) Exact or technical specifications displace an |
| inconsistent sample or model or general language of description. | |
(b) A sample from an existing bulk displaces |
| inconsistent general language of description. | |
(c) Express warranties displace inconsistent implied |
| warranties other than an implied warranty of fitness for a particular purpose. | |
(Source: P.A. 87‑493.) |
(810 ILCS 5/2A‑217) (from Ch. 26, par. 2A‑217)
Sec. 2A‑217. Identification. Identification of goods as goods to which a lease contract refers may be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement, identification occurs:
(a) when the lease contract is made if the lease |
| contract is for a lease of goods that are existing and identified; | |
(b) when the goods are shipped, marked, or otherwise |
| designated by the lessor as goods to which the lease contract refers, if the lease contract is for a lease of goods that are not existing and identified; or | |
(c) when the young are conceived, if the lease |
| contract is for a lease of unborn young of animals. | |
(Source: P.A. 87‑493.) |
(810 ILCS 5/2A‑219) (from Ch. 26, par. 2A‑219)
Sec. 2A‑219. Risk of loss.
(1) Except in the case of a finance lease, risk of loss is retained by the lessor and does not pass to the lessee. In the case of a finance lease, risk of loss passes to the lessee.
(2) Subject to the provisions of this Article on the effect of default on risk of loss (Section 2A‑220), if risk of loss is to pass to the lessee and the time of passage is not stated, the following rules apply:
(a) If the lease contract requires or authorizes the |
| goods to be shipped by carrier | |
(i) and it does not require delivery at a |
| particular destination, the risk of loss passes to the lessee when the goods are duly delivered to the carrier; but | |
(ii) if it does require delivery at a particular |
| destination and the goods are there duly tendered while in the possession of the carrier, the risk of loss passes to the lessee when the goods are there duly so tendered as to enable the lessee to take delivery. | |
(b) If the goods are held by a bailee to be |
| delivered without being moved, the risk of loss passes to the lessee on acknowledgment by the bailee of the lessee's right to possession of the goods. | |
(c) In any case not within paragraph (a) or (b), the |
| risk of loss passes to the lessee on the lessee's receipt of the goods if the lessor, or, in the case of a finance lease, the supplier, is a merchant; otherwise the risk passes to the lessee on tender of delivery. | |
(Source: P.A. 87‑493.) |