Sunroof Express, Inc. (“Sunroof Express”) and its affiliates Specialty Glass Express, LLC (“Specialty Glass Express”) and RV Glass Express, LCC (“RV Glass Express”) each offer repair facility networks for glass repair and replacement referrals and claims processing. Each such network is referred to herein as a “Repair Facility Network” and each Sunroof Express, Specialty Glass Express and RV Glass Express are each herein referred to as a “Network Sponsor”.
By selecting one or more Repair Facility Networks and clicking on the “Accept Button” or otherwise signing the Agreement acknowledgement on-line, you agree to become a “Participant Repair Facility” in the applicable Repair Facility Network. As a Participant Repair facility you agree to be bound by the following documents with the applicable Network Sponsor(s): (a) These Terms of Agreement; (b) General Requirements and Procedures; and (c) the Repair Facility Information you submit to the Network Sponsor(s).
Terms of Agreement
- A. Referral Authorization and Non-Exclusivity
- Network Sponsor will honor the choice of the Network Sponsor customer (the “Customer”) when making referrals to participants in the Repair Facility Network; otherwise, the Network Sponsor will have no obligation to refer Customers to any particular Participant Repair Facility. In general, the basis for making referrals will include but is not necessarily limited to factors related to various performance metrics and will be at the sole discretion of the Network Sponsor.
- Participant Repair Facility acknowledges that participation in the applicable Repair Facility Network(s) is non-exclusive. The Network Sponsor may have similar agreements with other repair facilities in the same geographic area and will provide Customers with a choice of more than one Participant Repair Facility in any geographic area.
- B. Regulatory Compliance
- Participant Repair Facility agrees to comply with all federal and state local rules, regulations, and statutes applicable to the Participant Repair Facility and its business (“Applicable Laws”). In some states, regulatory agencies have established specific procedures for handling auto physical damage claims. If any provision of this Agreement conflicts with the Applicable Laws or is determined to be unlawful or unenforceable, it shall not affect the validity or enforceability of the remaining provisions.
- Participant Repair Facility agrees to comply with all safety and environmental standards.
- Participant Repair Facility agrees to take appropriate steps to prevent illegal or fraudulent business practices.
- Participant Repair Facility agrees to comply with Applicable Laws regarding disclosure of Customer records and information.
- C. Insurance Coverage
- Participant Repair Facility shall carry Worker’s Compensation Insurance to statutory limits in any state where it has employees.
- Participant Repair Facility shall carry Employer’s Liability Insurance (minimum $100,000 bodily injury by accident or disease).
- Participant Repair Facility shall carry Commercial General Liability Insurance, including Contractual Liability and Products/Completed Operations Coverage with the limits of not less than $1,000,000 each occurrence/combined single limit for property damage, bodily injury, and personal injury liability.
- Participant Repair Facility shall carry insurance for Vehicle Liability and insurance for damages to Customers’ vehicles while in the care, custody and control of the Participant Repair Facility. The exact limit of such coverage shall be at the sole discretion and control of the Participant Repair Facility, subject to Applicable Laws.
- Participant Repair Facility shall, at all times, name the applicable Network Sponsor(s) as an additional named insured on its Commercial General Liability Insurance policy and agrees to provide a copy of its Certificate of Insurance as proof of required coverage.
- D. Taxes
- Participant Repair Facility will determine and include on the final estimate for repair work performed, as appropriate, all governmental taxes or charges of any kind or type whatever that are imposed upon its services or sale of products to Customer at Participant Repair Facility’s place of business. Taxes properly included on final estimates will be reimbursed with claim payments
- Participant Repair Facility agrees to remit all such taxes or charges to the appropriate governmental entity as and when due, and will release, indemnify and defend the Network Sponsors from liability for any claims arising from Participant Repair Facility’s failure to fully comply with this section.
- E. Term
- This Agreement has a one-year term from the date of electronic signing by Participant Network and shall constitute a binding legal agreement between the Participant Repair Facility and the applicable Network Sponsor(s)... This Agreement will automatically renew annually unless terminated as provided for in this Agreement.
- F. Termination
- Participant Repair Facility or the Network Sponsor(s) may terminate this Agreement by providing 30-day advance written notice to the other party.
- A Network Sponsor may terminate this Agreement immediately by written notice in the event of any of the following:
- Participant Repair Facility engages in fraudulent business practices.
- Any substantial owner or principal manager of Participant Repair Facility is convicted of a felony or engages in activities that would be chargeable as a felony under Applicable Laws.
- Participant Repair Facility becomes insolvent, assigns or attempts to assign its business assets for the benefit of creditors, is the subject of any bankruptcy or insolvency, or dissolves or liquidates its business.
- There is a material breach of the Agreement by the Participant Repair Facility or if conduct by Participant Repair Facility or any of its employees, agents or representatives is inconsistent with the standards expected by Sunroof Express. e. The Participant Repair Facility refuses to submit to a background check or does not pass the background check.
- The Participant Repair Facility refuses to submit to a background check or does not pass the background check.
- The Participant Repair Facility ceases operation of its business.
- G. Entire Agreement
- A Network Sponsor may, at any time, make changes to these Terms of Agreement and the General Requirements and Procedures and will provide written notice of these changes to Participant Repair Facility. These changes will become part of this Agreement, and Participant Repair Facility agrees to accept these changes unless the Participant Repair Facility provides written objection of the change and notice of termination to the Network Sponsor at the address listed on the Network Sponsor website within 10 days after being notified of the changes.
- The Agreement, the General Requirements and Procedures and the Repair Facility Information constitutes the complete Agreement between the Network Sponsor(s) and the Participant Repair Facility.
- H. Program Participation
- As a participant in the Sunroof Express Repair Facility Network, you will have the opportunity to receive referral assignments for both:
- Sunroof Express, Inc Managed Repair Program
- Sunroof Express, Inc. Repair Referral Program
- As a participant in the Specialty Glass Express Repair Facility Network, you will have the opportunity to receive referral assignments for both:
- Specialty Glass Express, LLC Managed Repair Program
- Specialty Glass Express, LLC. Repair Referral Program
- As a participant in the RV Glass Express Repair Facility Network, you will have the opportunity to receive referral assignments for both:
- RV Glass, LLC Managed Repair Program
- RV Glass, LLC. Repair Referral Program
- I. Independent Contractor
- Participant Repair Facility is an independent contractor for all purposes of this Agreement and shall not be deemed an employee, partner, agent or joint venture of or with the Network Sponsor(s). Participant Repair Facility acknowledges that a Network Sponsor shall have no obligation to Participant Repair Facility other than as specifically provided for in this Agreement, nor any liability to third parties for the debts or other business expenses incurred by the Participant Repair Facility in the course of its business activities. Each Network Sponsor’s liability for any claims, demands or losses of any nature shall be limited to the amounts payable by the Network Sponsor on authorized Work Assignments.
- J. Interpretation of Agreement
- This Agreement shall be governed by and interpreted under the laws of the state in which the Participant Repair Facility resides, as shown in the Repair Facility Information document .
Exhibit A.General Requirements & Procedures
Sunroof Express Inc (“Sunroof Express”) and its affiliates Specialty Glass Express, LLC (“Specialty Glass Express”) and RV Glass Express, LCC (“RV Glass Express”) each offer glass claims services for insurance companies and their vendors through a network of quality repair facilities. Each such network is referred to herein as a “Repair Facility Network” and each Sunroof Express, Specialty Glass and RV Glass Express are each herein referred to as a “Network Sponsor”.Your participation as a “Participant Repair Facility” in a Repair Facility `Network is designed to provide convenient services for insurance companies and their customers (“Customers”). The mission of the relationship between you and the applicable Network Sponsor(s) is to provide exceptional customer service, high quality repairs, increased customer satisfaction, and improved claim-handling efficiencies.
As a Participant Repair Facility in a Repair Facility Network, you agree to follow the procedures outlined in this document.
General Requirements for Participant Repair Facility
Participant Repair Facility agrees to meet or exceed the following Repair Facility Network standards:
- A. Customer Services
- Provide normal and customary business hours (Monday through Friday, 8:00 a.m. to 5:00 p.m.) and a Customer parking area.
- Physical locations should provide a clean waiting area and on-site Customer reception area during normal business hours, with clean accessible restrooms.
- Coordinate the repair and installation of Network Sponsor parts in a time agreeable to the referred Customer
- Provide the Customer with a warranty on the workmanship for a period of one (1) year from repair for RV side windows, roof glass panels, and convertible tops. For RV windshields, Participant Repair Facility agrees to offer a warranty against defective installation, repair, or workmanship and provide a warranty against leakage for as long as the Customer owns or leases the vehicle on which the work was performed.
- Meet or exceed a minimal level of “Very Satisfied” Customers, as measured by recognized industry CSI providers.
- B. Repair Facility Equipment and Technical Services
- Participant Repair Facility agrees to maintain a suitable place of business with equipment and supplies necessary to provide proper and prompt installation, service and repair of Network Sponsor Product.
- Participant Repair Facility agrees that all replacement and repair will be undertaken using technician that are knowledgeable and experience in repairing and installing replacement
glass and parts of OEM specifications.
- C. Standards and Specifications Compliance
- Participant Repair Facility agrees to comply with and conduct all replacements and repairs in accordance with the Automotive Glass Replacement Safety Standard (ANSI/ASC/AGRSS 004-2018) and the Repair of Laminated Auto Glass standard (ANSI/NSRA/ROLAGS 001-2014)and other applicable standards now or hereafter developed,as the same may be amended or modified from time to time.
- Participant Repair Facility agrees to comply with all applicable recommendations and specifications of urethane and sealant manufactures to assure glass retention and structural bonding sufficient to satisfy all federal, state, and local laws and regulations.
- Participant Repair Facility agrees to provide Network Sponsor, on request, with documentation describing the processes undertaken by the Participant Repair Facility to demonstrate compliance with items C.1 and C.2 above.
Procedures for Participant Repair Facility
The following procedures are designed to achieve the mission of the Repair Facility Network and maintain consistent quality. Participant Repair Facility agrees to comply with the following procedures:
- A. Referral Assignment
- The Network Sponsor will generate Work Assignments for the Participant Repair Facility with preference given to the Customer’s choice.
- The Network Sponsor will transmit a Work Assignment in document form to the Participant Repair Facility by fax or e-mail. The Work Assignment will contain all the information needed to handle the vehicle repairs and communicate with the Customer.
- Participant Repair Facility agrees to check for email or fax receipt of a new Work Assignments at least twice per day
- B. Initial Customer Contact
- A Network Sponsor representative will inform the Customer that the selected Participant Repair Facility will contact the Customer upon receipt of the replacement parts to schedule an appointment to repair their vehicle.
- The Participant Repair Facility agrees to make initial contact with the Customer within one business day following the receipt of the replacement parts.
- At the time of initial contact, the Participant Repair Facility will identify itself to the Customer as a Sunroof Express, Specialty Glass Express or RV Glass Express, as applicable, Repair Facility Network participant and indicate that it has received a Work Assignment from the applicable Network Sponsor to schedule the repair of the damaged vehicle.
- C. Replacement Parts
- The Network Sponsor will provide all replacement parts required to restore the vehicle to OEM specifications. Replacement parts are provided by the Network Sponsor solely for the purpose of installation in the Customer’s vehicle or replacement of glass in the Customer’s application.
- The Participant Repair Facility will communicate only with the Network Sponsor if any replacement parts provided by the Network Sponsor will not be installed in the Customer vehicle. The Participant Repair Facility will not provide unused replacement parts to the Customer without written authorization of the Network Sponsor.
- The Participant Repair Facility will assist the Network Sponsor with the return of any uninstalled replacement parts.
- The Participant Repair Facility will contact the Network Sponsor if additional parts are required.
- D. Vehicle Inspection
- Prior to generating a Work Assignment, the Network Sponsor will determine from the Customer whether the vehicle requires an inspection from the Participant Repair Facility. If the Network Sponsor determines that the vehicle requires an inspection, the Participant Repair Facility will schedule an appointment that is convenient to the Customer. Following the inspection, The Participant will complete a repair estimate on the same day as the inspection and transmit the estimate to the Network Sponsor.
- If the Network Sponsor does not receive an estimate within 24 hours of the Work Assignment, a Network Sponsor representative will follow-up with the Customer and Participant Repair Facility to obtain a status update.
- If an appointment to inspect the vehicle has been scheduled, the Network Sponsor will check the status again if an estimate has not been received by the end of business of the scheduled inspection date.
- If the Participant Repair Facility has not been able to contact the Customer or schedule an inspection appointment, the Network Sponsor may cancel the Assignment. The Network Sponsor then contact the Customer to determine their service needs. Based on the Customer’s choice, the Participant Repair Facility may or may not receive a second assignment for this claim.
- E. Labor Charges, Estimating Standards and Repair Process
- The Participant Repair Facility agrees to provide labor for basic glass, convertible top or other glass replacement at a flat rate price pre-approved by the Network Sponsor prior to the start of work, unless an inspection for estimate has been previously requested by the Network Sponsor Inc (see Section D above).
- Before the repairs are performed, the Participant Repair Facility agrees to note any prior damage on the vehicle check-in form provided by Sunroof Express. Unless required by applicable laws, prior damage will not be included as items for repair. If a Customer requests repairs that are not related to the loss or are not required to return the vehicle to pre-accident condition, then the following steps will be followed:
- Note these items as “CUSTOMER REQUEST” on the estimate and provide appropriate photos.
- Contact a Network Sponsor representative by telephone or e-mail to receive direction. Do not order parts or start repair work. The Network Sponsor representative or Insurance Carrier will contact the Customer to resolve any discrepancy.
- Start repairs only after receiving authorization from the Network Sponsor Inc representative or the Insurance Carrier.
- Upon request from the Network Sponsor, Participant Repair Facility agrees to provide digital photographs of the damaged vehicle at various intervals of the intake and repair process.
- Participant Repair Facility agrees to immediately contact the Network Sponsor representative in the following cases:
- The vehicle is an obvious total loss.
- A major teardown is required to prepare a complete estimate.
- There is a question regarding the practicality or safety of repairing the vehicle.
- Unexpected or hidden damage is discovered. (see Section E, Paragraph 5 below)
- There are any disagreements that cannot be resolved between the Participant Repair Facility and the Customer.
- If, while replacing the glass panel or convertible glass, unexpected or hidden damage is discovered, the Participant Repair Facility agrees to the following:
- If the hidden damage involves a replacement of a component part only, contact the Network Sponsor for instructions and approval to continue with repairs.
- If the hidden damage that is discovered results in a major change to the original repair plan, contact the Customer and the Network Sponsor of these changes.
- Provide an estimate for the additional repairs that need to be performed. The estimate will be provided by phone conversation with the Network Sponsor and/or submitting a document generated using a software estimating system recognized by the insurance industry. The estimate will include parts required and labor cost for work order related damage. In most cases the repair parts required will be expedited by the Network Sponsor (see Section C above). The estimate is an acknowledgement of the Participant Repair Facility’s ability to return the vehicle to pre-damage condition without sacrificing repair quality or safety. The Participant Repair Facility will not proceed with repairs until receiving approval from the Network Sponsor.
- When the vehicle repairs are completed, a “Post-Delivery” checklist will be completed before notifying the Customer. The checklist will include verification that all the repair work was completed, that the repair quality meets or exceeds industry standards, and that the vehicle was cleaned and detailed for delivery. Prior to delivering the vehicle to Customer, Participant Repair Facility must demonstrate the operability of the vehicle repair to the Customer.
- F. Invoicing and Payments
- The Participant Repair Facility will collect all Customer payments required, as indicated on the Work Assignment, upon completion of the authorized repairs. The Network Sponsor is neither responsible nor obligated to pay any charges not previously authorized by the Network Sponsor or set forth on a Work Assignment, including any Customer requested work that was not part of the Work Assignment.
- Upon completion of the repair, the Participant Repair Facility will submit a Work Assignment signed by both the Customer and the Participant Repair Facility along with a final invoice to the Network Sponsor. The Participant Repair Facility agrees that all work authorized by the Network Sponsor must be directly billed to the Network Sponsor.
- Payment for repairs authorized by the Network Sponsor will be made directly to the Participant Repair Facility at the address on the Work Assignment. Payments may be made by check, credit card, or electronic funds transfer, as requested by the Participant Repair Facility. Payments will follow the established process of the Network Sponsor and the Participant Repair Facility’s financial institution.
- In the event additional repair work is required after the final invoice is sent, the additional repair work must be authorized by the Network Sponsor prior to completion (see Section E, Paragraph 5, Line C). Upon completion of authorized additional repair work, the Participant Repair Facility will submit documentation as outlined in Section F, Paragraph 2.
- G. Warranty Claim Handling
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Participant Repair Facility agrees to offer a warranty against defective installation, repair or workmanship for a period of one (1) year for roof glass panels, convertible tops, and RV side windows. For RV windshields, Participant Repair Facility agrees to offer a warranty against defective installation, repair, or workmanship and provide a warranty against leakage for as long as the Customer owns or leases the vehicle on which the work was performed. The Participant Repair Facility will direct the Customer to the Network Sponsor website (warranty page) upon completion of the repairs.
- Warranty claims related to replacement parts listed on the repair estimate are the responsibility of the Network Sponsor. Participant Repair Facility agrees to assist the Customer in exercising the manufacturer warranty to correct any replacement part deficiency.
- If a Customer is not satisfied with claim-related repair work performed at a Participant Repair Facility, theParticipant Repair Facility must schedule an appointment to re-inspect the vehicle and workmanship within 5 business days of receiving the complaint.
- For repair workmanship agreed to be deficient or not up to industry standards, Participant Repair Facility agrees to:
- Provide a written estimate to the Customer that addresses the repair deficiencies and the correction process; and
- Correct the deficiencies at the Participant Repair Facility’s expense.
- If the repair work is loss related but was not included on an accepted estimate or Work Assignment:
- Complete a supplemental estimate showing the work required to address the Customer’s complaint.
- Contact the Network Sponsor and send a copy of the supplemental estimate to the Network Sponsor, Inc. The Network Sponsor will consult with the Customer, Insurance Carrier, and Participant Repair Facility to authorize corrective repairs and determine who will be responsible for any additional repair costs.
- If the Customer complaint is not agreed to be loss related damage or not covered by the policy contract:
- Complete a repair estimate showing the work required to address the Customer’s complaint
- Contact the Network Sponsor representative and send a copy of the estimate. The Network Sponsor will consult with the Customer, Insurance Carrier, and Participant Repair Facility to authorize corrective repairs and determine who will be responsible for any additional repair costs.
- Sunroof Express will make every reasonable effort to have the Customer return to the Participant Repair Facility that did the original repairs. If the Customer is not willing to return to the Participant Repair Facility that did the repairs, the following process will apply:The Network Sponsor will make every reasonable effort to have the Customer return to the Participant Repair Facility that did the original repairs. If the Customer is not willing to return to the Participant Repair Facility that did the repairs, the following process will apply:
- The Network Sponsor will contact another Participant Repair Facility to inspect the vehicle and determine if the workmanship performed by the originalParticipant Repair Facility was deficient. If it is determined that the workmanship was deficient, the Network Sponsor or the Insurance Carrier will secure an agreed price to correct the deficiency at a repair facility of the Customer’s choice.
- A Network Sponsor representative will advise the Participant Repair Facility that completed the original repairs of the necessary repair work and cost of resolution. The Participant Repair Facility that did the original repairs will be responsible for the costs to make the corrections and the cost of a rental car (if required).
- The Participant Repair Facility that completed the original repairs will be given an opportunity to review the resolution assessment and photos, if available. At suchParticipant Repair Facility’s request, a Network Sponsor representative will make the arrangements for the original Participant Repair Facility to inspect the vehicle at the repair facility where the corrections are to be made.
- The Network Sponsor will work with the Insurance Carrier to agree upon the final determination on the course of action for all warranty claims.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement agree with the terms on
