DRIVE CRASH Customer Agreement

This Equipment and Service Agreement (“Agreement”) is entered into between Opus IVS (“OPUS IVS”) or any of its affiliates companies including but not limited to Drew Technologies or Autologic 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 Drive device and the delivery of the Diagnostic 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 a writing which is signed by OPUS IVS.

The Drive device and accompanying service provides technicians with OE scanning, quick scanning, ADAS calibration, flash programming, and other electronic configuration services for vehicles involved in a collision. Flash programming service is available 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.

Equipment as a Service Terms

  1. The Drive device is provided as Equipment as a Service and is a pay per service. The pay per service fee is automatically charged after the CUSTOMER powers the system up, requests a service, agrees to the service and fee, and the service is completed by OPUS IVS
  2. Each Drive device is subject to a $99.95 monthly service fee, which will automatically be charged to the CUSTOMER’s credit card on file each month.
  3. Ownership: The Drive device is and shall remain the exclusive property of OPUS IVS and will be returned upon request. CUSTOMER accepts full responsibility for the Drive device upon receipt of delivery. If for any reason the kit is tampered with, lost, stolen, damaged, or not returned within 30 days of being requested by OPUS IVS, a $500 core charge will automatically be charged to the CUSTOMER's credit card on file.

Remote Services Terms

  1. The CUSTOMER is responsible for ensuring the vehicle is safe to power up before a Drive device is connected. Services provided thru the Drive device are remote services, and because of that, the CUSTOMER must physically verify the vehicle is safe to turn on.
  2. CUSTOMER agrees to follow all instructions, both documented and verbal, as provided by the remote technician.
  3. 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.
  4. CUSTOMER understands that vehicle information, imagery from the front and rear cameras, phone call recordings, and repair data collected during a Drive session will be used by OPUS IVS for a variety of reasons, including building more efficient services. This data may be shared with affiliates, however in no event will vehicle owner data be shared.
  5. CUSTOMER and agrees that they shall use reasonable efforts to avoid disclosure of OPUS IVS’s proprietary/confidential information associated with, but not limited to, the Drive device and associated services, or any other information marked as confidential, to any third party.

Revenue Sharing

Approved Collision shops may be eligible for revenue sharing for some remote services. CUSTOMER is eligible for revenue sharing for qualifying remote services (including OE pre and post scan) based on the following volume table. Revenue sharing is calculated on the last business day of each calendar month and paid to CUSTOMER via a mailed check or available as an invoice credit.
Number of Services per month Revenue Sharing Percentage
0-25 25%
26-50 30%
51+ Call

Price List

At the time of this agreement, pricing is below. Opus IVS may change this pricing from time to time without consent of CUSTOMER. Retail prices for remote services are listed on the Drive device and the website at drewtech.com.
Service Retail Price Eligible for Revenue Sharing
First OE Pre or Post Scan per vehicle $119.50 Yes
Additional OE Pre or Post Scans on same vehicle $50.00 Yes
Quick Scan $5.00 No
ADAS Calibration $Varies Yes
Flash Programming $125.00 No
Remote Diagnostic Service $50 per incident No
Monthly Equipment as a Service Fee $99 No

Quick Scan Limitations

CUSTOMER acknowledges that the Quick Scan is not equivalent to an OE scan, and therefore does not meet the criteria of the OE position papers. A Quick Scan is performed using an aftermarket diagnostic tool that could omit fault codes or misinterpret them or should not be substituted for an OE Pre or Post scan, or used to determine the safety and correct operation of a motor vehicle.

Flash Programming

Drew Technologies requires following conditions for Flash Programming:
  1. Any ECU or electronically controlled replacement assembly or part that requires flash reprogramming must be OE new or OE reconditioned. If a flash programming is unsuccessful because remanufactured or used components are installed, the service will still be charged to the customer even if programming is unsuccessful.
  2. Vehicles with performance parts, aftermarket tunes, or performance programming devices are not supported.
  3. 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, the service will still be charged to the customer even if programming is unsuccessful.
  4. Instructions conveyed by Drew Technologies to the customer must be followed. For example, the customer must connect the battery maintainer as required
  5. There must be no other problems with the vehicle that may affect the reprogramming. For example, if Drew Technologies 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.
  6. This service may not be available for salvage, rebuilt, flood, or total loss vehicles.
  7. If an ECU programming failure occurs, Drew Technologies 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.

Core Charge

CUSTOMER accepts full responsibility for the Drive device and understands following conditions may trigger core charge:
  1. Damage to the Drive device excluding normal wear or electronic defects of parts within the kit.
  2. Attempts or Disassembly of the Drive device, attempts to or installation any software on the tablet, or attempts to reverse engineering of the Drive device
  3. If Drive device is damaged, the CUSTOMER will be charged the repair cost, up to, but not exceeding $500. If cables are damaged or lost, the CUSTOMER will be charged the replacement cable cost.
  4. Failure to return an RMA kit within 7 days of receiving replacement kit with return label.

LIMITATION OF Liability

  1. CUSTOMER understands that the Diagnostic Service provided by OPUS IVS shall be rendered remotely by and through the internet. Remotely diagnosing vehicles has limitations that are outside the control of OPUS IVS and it’s employees. Information gathered through the Drive device is done so remotely, and therefore OPUS IVS and its employees cannot be responsible for omission or errors caused by the information provided, or not provided, by the CUSTOMER. OPUS IVS provides customer with a scan summary report, however customer should always review the full OE results to verify completeness. OPUS IVS and its employees are not responsible for any intentional or unintentional misuse of the Drive device, or data provided on the Scan Report, by the end user. OPUS IVS will not be liable, and CUSTOMER agrees to hold OPUS IVS harmless, where it is determined that the CUSTOMER either did not follow OPUS IVS recommendations, and/or did not follow OEM recommended procedures, or where the vehicle was not scanned by OPUS IVS or through the willful misconduct or negligence of the CUSTOMER. OPUS IVS is not responsible for any changes made to the vehicle after the Drive device is disconnected. Shops are responsible for complying with all local and state regulations.


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     Device(s) being transferred from another distributor
       



 

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DrewTech - RAP Customer Agreement - Version 3180502 - Revision Date: 2018-05-02.