THE BORROWER’S WARRANTIES. 7.1. The Borrower hereby represents and warrants to Mogo Auto as at the date of the Agreement that: 7.1.1. he/she have not been induced to enter into the Agreement and he/she is not for any other reason relying upon any statement of fact or opinion or any representation, collateral contract or other assurance or warranty save as expressly contained or referred to in the Agreement or any document referred to in the Agreement and irrevocably and unconditionally waives any right the Borrower may have to claim damages for any representation (whether or not contained in the Agreement) for any breach of any warranty not contained in the Agreement unless such misrepresentation or warranty was made or given fraudulently; and or to rescind the Agreement; 7.1.2. his/her obligations under the Agreement are his/her legal, valid and binding obligations, enforceable against him/her in accordance with their respective terms; 7.1.3. he/she has the power to enter into and perform and comply with his/her obligations under the Agreement; 7.1.4. all actions, conditions and things required to be taken, fulfilled and done (including the obtaining of any necessary consents and authorizations) for his/her entry into and performance of the Agreement have been taken, fulfilled and done; and 7.1.5. his/her entry into and/or performance of or compliance with his/her obligations under the Agreement does not and will not violate any law to which he/she is subject.
Appears in 15 contracts
Samples: Asset Financing Loan Agreement, Asset Financing Loan Agreement, Asset Financing Loan Agreement
THE BORROWER’S WARRANTIES. 7.1. The Borrower hereby represents and warrants to Mogo Auto as at the date of the Agreement that:
7.1.1. he/she have not been induced to enter into the Agreement and he/she is not for any other reason relying upon any statement of fact or opinion or any representation, collateral contract or other assurance or warranty save as expressly contained or referred to in the Agreement or any document referred to in the Agreement and irrevocably and unconditionally waives any right the Borrower may have to claim damages for any representation (whether or not contained in the Agreement) for any breach of any warranty not contained in the Agreement unless such misrepresentation or warranty was made or given fraudulently; and or to rescind the Agreement;
7.1.2. his/her obligations under the Agreement are his/her legal, valid and binding obligations, enforceable against him/her in accordance with their respective terms;
7.1.3. he/she has the power to enter into and perform and comply with his/her obligations under the Agreement;
7.1.4. all actions, conditions and things required to be taken, fulfilled fulfilled, and done (including the obtaining of any necessary consents and authorizations) for his/her entry into and performance of the Agreement have been taken, fulfilled fulfilled, and done; and
7.1.5. his/her entry into and/or performance of or compliance with his/her obligations under the Agreement does not and will not violate any law to which he/she is subject.
Appears in 2 contracts
Samples: Mobile Phone Financing Loan Agreement, Mobile Phone Financing Loan Agreement