Dealer Warranties. DEALER HEREBY REPRESENTS AND WARRANTS THAT ANY AND ALL DEALER CONTENT SUBMITTED FOR PUBLICATION OR DISPLAYED ON DEALER'S WEBSITE OR IN DIGITAL ADVERTISING, OR IN ANY SOCIAL MEDIA, WILL NOT VIOLATE OR OTHERWISE INFRINGE UPON ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHT OF OTHERS, OR CONTAIN ANYTHING CONSIDERED OBSCENE OR LIBELOUS.
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.
Dealer Warranties. B1. The Dealer warrants the genuineness of each Contract purchased from the Dealer by the AFI; that each and every signature appearing on any Contract or related document acquired by the AFI from the Dealers is genuine; that each signatory in a representative capacity is duly authorized so to act; that the purchase price of the vehicle covered by the Contract being assigned to the AFI is the same as the cash price offered to the debtor under the Contract; that no part of any discount has been added to the Dealer’s standard cash price of the vehicle; that there are no claims or defenses which any obligor under the Contract can assert which would render the Contract unenforceable by AFI; and that each such Contract complies with all applicable federal, state and local laws and regulations including, without limitation, the federal Truth in Lending Act and applicable sate motor vehicle retail installment sales acts. Upon breach of any of the foregoing warranties or guaranties, the Dealer shall, upon demand of AFI, repurchase the subject Contract or Contracts from AFI for an amount equal to the then Contract payoff amounts, inclusive of accrued interest then due and unpaid. The payoff amount also include, without limitation, all applicable repossession, storage, and/or delivery fees, reasonable attorneys fees and costs.
Dealer Warranties. Dealer hereby represents and warrants that: (i) it has the contractual and legal right to provide the information provided under this Agreement to MAL; (ii) such information is true and correct in all respects; (iii) its provision of such information to MAL does not violate or infringe any third party proprietary or personal rights; and (iv) with respect to any communication Dealer has with customers and potential customers as a result of the activities contemplated in this Agreement, Dealer will convey only accurate information to such customers and potential customers and will, at no time, represent that Dealer acts for, or on behalf of, MAL.
Dealer Warranties. Dealer warrants that (i) where Shift Digital distributes Dealer Data to Stellantis, Dealer has an agreement in place with Stellantis for its receipt of Dealer Data, and that the handling of Dealer Data by Xxxxxxxxxx is subject to the terms and conditions of that separate agreement; (ii) Shift Digital is an intended third party beneficiary with respect to these required provisions, with the right to enforce its terms directly against Dealer; and (iii) Dealer grants Shift Digital all licenses and authorizations necessary to provide the Dealer Data to enable the use of the SDDP Services.
Dealer Warranties. Dealer warrants that it has the authority to select MIDCOM to provide the services described herein and that this selection does not and will not violate any other arrangement to which Dealer is bound. This warranty will survive the execution of this Agreement.
Dealer Warranties. Dealer warranties as follows: The facts presented with each contract are true; the collateral shall be free and clear of all liens and encumbrances except that created by such contracts, the first and superior lien evidenced by such contracts will be assigned to Lender; all contracts will be genuine and all things it purports to be; Dealer has good title to the property and has the right to transfer title; the contract is not usurious; the property shall have been sold to Customer in a bona fide time sale transaction; that all parties have the legal capacity to contract; none of the parties are minors; that the documentation involved in any contract shall be legally sufficient and enforceable; the property shall have been properly delivered and accepted by Customer, Dealer has fulfilled all obligations to Customer; down payments shown on contracts will have been made in cash or its equivalent Lender approved trade-in value and no part of the down payment will have been directly or indirectly loaned by the Dealer to the Customer. Dealer agrees that in the event the Customer successfully asserts against Lender and receives a judgment in a court of law or similar judicial body for any claim, defense or counterclaim against payment of any amount owing under a Contract or in defense of repossession on the assertion, either oral or written, that the property is defective, not as represented by Dealer, or that Dealer refuses to honor any warranty or service agreement of Dealer or manufacturer, then Dealer agrees to repurchase the affected Contract for an amount equal to the sum of the unpaid balance of the amount financed under such Contract plus accrued but unpaid finance charges plus Lender's costs and expenses, including attorneys' fees incurred by Lender.
