Pass Thru Assistant Customer Agreement
This Customer Agreement (“Agreement”) is entered into between Opus IVS (“OPUS IVS”) and the party
whose name and address are set forth below ("CUSTOMER"). This Agreement, together with any addendum
and/or exhibit which is made a part thereof, constitutes the entire agreement between OPUS IVS and
CUSTOMER regarding the use of the PTA kit and the delivery of the Service which is to be performed by
OPUS IVS as described in the Agreement and herein. The Agreement supersedes all prior understandings,
agreements, and documentation by or between OPUS IVS and the CUSTOMER. Any changes to the
Agreement shall be null and void unless same are set forth in writing and signed by OPUS IVS.
The PTA kit and accompanying service is to provide flash reprogramming service for existing ECU's, replacement ECU's
and other electronically controlled replacement parts and assemblies. OPUS IVS reserves the right to update this
CUSTOMER agreement form as needed.
Terms of Agreement
The PTA kit will include a 2 year as service contract and is a pay per service. The pay per service fee is automatically charged when the CUSTOMER, contacts a remote technician, and agrees to the service and fee.
Ownership: Title to the PTA kit shall transfer to the CUSTOMER at the time of payment, however the hard drive inside the PTA kit and the installed OEM licenses shall remain the exclusive property of OPUS IVS during the term of the service contract and the CUSTOMER shall not be able to directly access the hard drive or OEM licensed applications. At the end of the service contract, or at any time when the title of the PTA kit is transferred to the CUSTOMER, the hard drive inside the PTA kit and all OEM software shall be erased by OPUS IVS and/or the CUSTOMER. Additionally, The SIM card in the device is the property of OPUS IVS and will only be used for remote services provided by OPUS IVS. If the CUSTOMER removes and/or attempts to use the SIM card for any other purposes, the CUSTOMER will be responsible for all costs incurred at a rate of $1.00 per MB.
In addition to completion of proper and professional diagnostics and related repair procedures, including any accompanied and required parts replacements, the CUSTOMER will only request remote programming service on a vehicle that does not have any existing electrical issues, is not a total loss vehicle, has not been rebuilt, in a flood, or has a branded title.
CUSTOMER agrees to follow all instructions, both documented and verbal, as provided by the OPUS IVS remote technician.
CUSTOMER understands that vehicle information and repair data collected during a PTA session will be used by OPUS IVS for a variety of reasons, including building more efficient PTA services. This data may be shared with affiliates, however in no event will vehicle owner or privacy data be shared. Additionally, OPUS IVS will retain the rights to and own the hard drive, access it, install software, and remove software.
OPUS IVS guarantees success, in accordance with the conditions outlined in this agreement. In the event that a remote programming event fails, OPUS IVS will cover the cost related to ensuring a successful reprogramming event.
Further details and terms and conditions are below.
Additional Terms and Conditions
Service and Fee
- To get started, customer will create a username and password during initial PTA kit service.
- Customer agrees to accept full responsibility for any charges. These charges are authorized either by verbal confirmation with remote technician or by on-screen option selected as approved.
OPUS IVS guarantees ECU flash programming success as long as following conditions are met:
Any ECU or electronically controlled replacement assembly or part that requires flash reprogramming. Not covered:
- Those that are not OEM new or OEM reconditioned will not be guaranteed.
- Those that are on a vehicle with performance parts, aftermarket tunes, or performance programming devices will not be guaranteed.
- The ECU being installed must be the correct part and in working condition. If the ECU being installed is determined to be defective or an incorrect part, OPUS IVS will not be responsible for its replacement cost as supplier warranties should still be in effect.
- Instructions conveyed by OPUS IVS to the CUSTOMER that are not followed will void the warranty.
For example, if the CUSTOMER did not connect the battery maintainer as required and OPUS IVS finds out that the CUSTOMER did not follow these instructions, the service will no longer be guaranteed.
- There must be no other problems with the vehicle that may affect the reprogramming. For example, if OPUS IVS decides to send the vehicle to a dealership to be repaired and the dealership
determines that the ECU cannot be programmed until another problem with the vehicle is rectified (such
as a faulty ground connection, corroded wiring harness, or aftermarket accessory that is interfering, etc.),
then the CUSTOMER will be responsible for the cost to rectify that problem.
For example: if the vehicle is towed to a dealership or a 3rd party technician is hired and the
vehicle is diagnosed at the expense of OPUS IVS and the problem is determined to be
entirely caused by an existing problem with the vehicle, OPUS IVS will invoice the shop
for all such expenses.
Guarantee does NOT apply to: salvage, rebuilt, flood, or total loss vehicles.
If a ECU programming failure occurs, OPUS IVS may ship additional tools to the CUSTOMER for assistance in the recovery of that ECU. The CUSTOMER is responsible for that tool(s) and their timely return. If they are kept at the shop for more than 2 days after a recovery attempt is complete, a recovery tool rental fee of up to $25/day may occur. Failure to return those tools will result in a charge of the entire value of those tools.
In the event of a flash programming failure, OPUS IVS may use any means available and, at its option, to
repair the vehicle. OPUS IVS may pay to have the vehicle towed to a dealership, ship the CUSTOMER an
OEM new or OEM reconditioned ECU, ship a factory tool, send a mobile technician onsite, or resolve the issue in any
other way deemed necessary. OPUS IVS will work to resolve the issue as quickly as reasonably possible
while using the same practices that the shop typically would have used if it had encountered the same problem.
The PTA device is warranted for a period of 2 years from date of purchase. Any time during the 2 years, OPUS IVS may elect to repair the PTA kit or replace it with a new or refurbished kit in similar condition. See Snapon.com/PassThruAssistant for more detail
OPUS IVS - PTA Customer Agreement - Version 2180502 - Revision Date: 2020-07-13.