Common use of Dealer Warranties Clause in Contracts

Dealer Warranties. A Dealer who places an eContract with a Financing Source warrants to the Financing Source, and to any subsequent transferee, that: (i) if the Dealer was the original creditor under the eContract, the Dealer is entitled to enforce the eContract; (ii) all Signatures on the eContract are authentic and authorized; (iii) the Dealer provided the Borrower the option to receive a paper copy of the eContract to the Borrower prior to execution; (iv) the Dealer delivered a fully-executed copy of the eContract to the Borrower after execution; (v) in jurisdictions that require the use of specific colors other than black for all or part of the text of an eContract, or that require the eContract to be duplexed, the paper copies were printed on a duplex color printer and featured the correct text colors; (vi) the eContract has not been altered without detection; (vii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the Dealer; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with the debtor under the eContract. In no event shall Dealertrack be liable for the Dealer’s breach of any of these warranties.

Dealer Warranties. A Dealer who places an eContract with a Financing Source warrants to the Financing Source, and to any subsequent transferee, that: (i) if the Dealer was the original creditor under the eContract, the Dealer is entitled to enforce the eContract; (ii) all Signatures on the eContract are authentic and authorized; (iii) the Dealer provided the Borrower customer the option to receive a paper copy of the eContract to the Borrower customer prior to execution; (iv) the Dealer delivered a fully-fully- executed copy of the eContract to the Borrower customer after execution; (v) in jurisdictions that require the use of specific colors other than black for all or part of the text of an eContract, or that require the eContract to be duplexed, the paper copies were printed on a duplex color printer and featured the correct text colors; (vi) the eContract has not been altered without detection; (vii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the Dealer; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with the debtor under the eContract. In no event shall Dealertrack be liable for the Dealer’s breach of any of these warranties.

Dealer Warranties. A Dealer who places originates an eContract with for a Financing Source warrants to the Financing Source, and to any subsequent transferee, that: (i) if the Dealer was the original creditor under the eContract, the Dealer is entitled a Person authorized to enforce originate the eContracteContract for the Financing Source; (ii) all Signatures signatures on the eContract are authentic and authorized; (iii) the Dealer provided the Borrower the option to receive a delivered an unsigned paper copy of the eContract to the Borrower customer for review prior to execution; (iv) the Dealer delivered a fully-fully executed copy of the eContract to the Borrower customer after execution; (v) in jurisdictions that require the use of specific colors other than black for all or part of the text of an eContract, or that require the eContract to be duplexed, the paper copies were printed on a duplex color printer and featured the correct text colorscolors and font sizes; (vi) the eContract has not been altered without detection; (vii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the DealerDealer or the Financing Source; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with the any debtor under the eContract. In no event shall Dealertrack be liable for the Dealer’s 's breach of any of these warranties.

Dealer Warranties. A Dealer who places originates an eContract with for a Financing Source warrants to the Financing Source, and to any subsequent transferee, that: (i) if the Dealer was the original creditor under the eContract, the Dealer is entitled a Person authorized to enforce originate the eContracteContract for the Financing Source; (ii) all Signatures on the eContract are authentic and authorized; (iii) the Dealer provided the Borrower the option to receive a delivered an unsigned paper copy of the eContract to the Borrower for review prior to execution; (iv) the Dealer delivered a fully-executed copy of the eContract to the Borrower after execution; (v) in jurisdictions that require the use of specific colors other than black for all or part of the text of an eContract, or that require the eContract to be duplexed, the paper copies were printed on a duplex color printer and featured the correct text colorscolors and font sizes; (vi) the eContract has not been altered without detection; (vii) the eContract is not subject to a defense or claim in recoupment of any party which can be asserted against the DealerDealer or the Financing Source; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with the debtor under the eContract. In no event shall Dealertrack be liable for the Dealer’s breach of any of these warranties.