A customer bought a Hyundai with a limited warranty that excluded consequential damages. When the car had defects, she sued for damages beyond repair costs. The Illinois Supreme Court ruled that consequential damages disclaimers in warranties are enforceable on their own—they don't automatically fail just because the limited remedy (repair/replacement) doesn't work. The clause is valid unless it's unconscionable (shockingly unfair). This matters to subcontractors because it means your warranty disclaimers limiting damages can hold up in court, even if your repair work doesn't fully fix the problem.
Include clear, separate consequential damages exclusions in your warranty language—they're enforceable in Illinois if properly written
A limited remedy (like repair or replacement) failing doesn't automatically kill your damages cap; they're treated as independent provisions