Common use of Dealer Warranties Clause in Contracts

Dealer Warranties. A Dealer who originates an eContract for a Financing Source warrants to the Financing Source, and to any subsequent transferee, that: (i) the Dealer is a Person authorized to originate the eContract for the Financing Source; (ii) all signatures on the eContract are authentic and authorized; (iii) the Dealer delivered an unsigned paper copy of the eContract to the customer for review prior to execution; (iv) the Dealer delivered a fully executed copy of the eContract to the 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 be duplexed, the paper copies were printed on a duplex color printer and featured the correct text colors 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 Dealer or the Financing Source; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with any debtor under the eContract. In no event shall Dealertrack be liable for the Dealer's breach of any of these warranties.

Appears in 2 contracts

Samples: d2n8sg27e5659d.cloudfront.net, us.dealertrack.com

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Dealer Warranties. A Dealer who originates places an eContract for 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 a Person authorized entitled to originate enforce the eContract for the Financing SourceeContract; (ii) all signatures Signatures on the eContract are authentic and authorized; (iii) the Dealer delivered an unsigned provided the Borrower the option to receive a paper copy of the eContract to the customer for review Borrower prior to execution; (iv) the Dealer delivered a fully fully-executed copy of the eContract to the customer 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 and font sizescolors; (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 or the Financing SourceDealer; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with any the debtor under the eContract. In no event shall Dealertrack be liable for the Dealer's ’s breach of any of these warranties.

Appears in 2 contracts

Samples: www.coxautoinc.com, us.dealertrack.com

Dealer Warranties. A Dealer who originates places an eContract for 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 a Person authorized entitled to originate enforce the eContract for the Financing SourceeContract; (ii) all signatures Signatures on the eContract are authentic and authorized; (iii) the Dealer delivered an unsigned provided the customer the option to receive a paper copy of the eContract to the customer for review prior to execution; (iv) the Dealer delivered a fully fully- executed copy of the eContract to the 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 and font sizescolors; (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 or the Financing SourceDealer; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with any the debtor under the eContract. In no event shall Dealertrack be liable for the Dealer's ’s breach of any of these warranties.

Appears in 2 contracts

Samples: d2n8sg27e5659d.cloudfront.net, us.dealertrack.com

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Dealer Warranties. A Dealer who originates an eContract for a Financing Source warrants to the Financing Source, and to any subsequent transferee, that: (i) the Dealer is a Person authorized to originate the eContract for the Financing Source; (ii) all signatures Signatures on the eContract are authentic and authorized; (iii) the Dealer delivered an unsigned paper copy of the eContract to the customer Borrower for review prior to execution; (iv) the Dealer delivered a fully fully-executed copy of the eContract to the customer 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 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 Dealer or the Financing Source; and (viii) the Dealer has no knowledge of any insolvency proceeding commenced with any the debtor under the eContract. In no event shall Dealertrack be liable for the Dealer's ’s breach of any of these warranties.

Appears in 1 contract

Samples: www.coxautoinc.com

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