(625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
Sec. 5-103.
(a) Every new vehicle
manufacturer shall specify the delivery and
preparation obligations of its vehicle dealers prior to delivery of new
vehicles to retail buyers. A copy of the delivery and preparation
obligations of its dealers shall be filed with the Secretary of State by
every vehicle manufacturer and shall constitute the vehicle dealer's only
responsibility for product liability as between the dealer and the
manufacturer. A manufacturer's product or warranty liability to the dealer
shall extend to any mechanical, body or parts defect constituting a breach
of any express or implied warranty of the manufacturer. The manufacturer
shall reasonably compensate any authorized dealer who rectifies a defect
which constitutes a breach of any express or implied warranty of the
manufacturer and for preparation and delivery obligations. Every dealer
shall perform the preparation and get ready services specified by the
manufacturer to be performed prior to the delivery of the new vehicle to
the buyer.
(b) The owner of the vehicle may cause the vehicle to be inspected
according to this Section and have the original manufacturer's warranty
reinstated if the vehicle is a theft recovery that has been salvaged and is
recovered without structural damage or missing essential parts, excluding
wheels, damage to the steering column, and radios provided the owner:
(1) Submits the vehicle to a franchised dealer for a |
| complete inspection, including fluids, frame, essential parts, and other items deemed by the manufacturer as essential for verification of the condition of the vehicle at the time of recovery.
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(2) Submits a copy of the police recovery report to
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(3) Paid the inspection fee charged by the franchised
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The manufacturer shall reinstate the original manufacturer's warranty if a
vehicle is certified by a franchised dealer as having complied with the
provisions of this Section. The manufacturer shall, in addition to reinstating
the
warranty, provide the owner with a written statement indicating that the
original manufacturer's warranty has been reinstated.
(c) Nothing in this Section shall affect a cause of action a buyer may have
against a dealer or manufacturer under present applicable statutory or case
law.
(Source: P.A. 92-458, eff. 8-22-01.)
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