It Repair Estimate Agreement by ncu63283

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									                                           State Farm Service First ® Agreement

This Service First Agreement (hereinafter "Agreement") outlines the understanding between State Farm Mutual Automobile Insurance
Company, for itself and its subsidiary and affiliated companies (hereinafter "State Farm") with corporate offices located at One State Farm
Plaza, Bloomington, Illinois, 61710, and

                                              (hereinafter "Repairer"), a business with offices located at
     (Name of Repair Facility)

                                                      in
     (Business Address)                                                         (City, State, ZIP)

WHEREAS, Repairer has applied to participate in State Farm's Service First Repair Program as a Service First Repair Facility and by
signature below State Farm has accepted that application;

NOW THEREFORE, in consideration of the mutual promises and representations contained herein, the parties agree as follows:

1.    Term. This Agreement will begin on the date it is signed by an authorized representative of State Farm, and it shall remain in effect
      until such time as either Repairer or State Farm causes to be delivered to the other party, written notice of intent to terminate the
      Agreement. The Agreement can be terminated by a Repairer or by State Farm at any time, and for any reason.

2.    Procedure. If an estimate for repairs has not previously been written by State Farm, and State Farm has been notified that
      Repairer has been selected to repair the owner's vehicle, Repairer will inspect and photograph the vehicle damage, prepare a
      computerized estimate, and will adhere to the following procedures in the course of estimating and repairing the owner's vehicle:

      a. Repairer agrees to obtain the owner's authorization prior to dismantling or beginning repair of the owner's vehicle.
      b. If the extent of damage to an owner's vehicle will likely cause it to be considered an economic total loss, Repairer agrees to
         immediately notify State Farm of that fact.
      c. Repairer agrees to write estimates using the lower of (i) the most recent rate information provided by Repairer to State Farm,
         or (ii) the then current prevailing competitive prices determined by State Farm's survey process for Repairer's market area.
         Estimates will utilize published "flat rate times" specified in an approved printed or electronic estimating guide when such times
         are available. Other estimated repair times will reflect times needed by average qualified technicians to perform repairs.
      d. Repairer agrees to include in estimates the cost of competitively priced parts. If parts included on a repair estimate are other
         than new original equipment manufacturer (OEM) parts, the use of those parts will be discussed with the vehicle owner and
         clearly identified on the estimate. New non-OEM parts will be CAPA certified if the parts are subject to CAPA certification.
      e. Repairer agrees to identify items on the estimate that are subject to adjustment for betterment and/or which represent prior
         damage to the owner's vehicle. Repairer further agrees no estimate will include an "appearance allowance" credit or
         adjustment.
      f. Repairer agrees to complete repairs promptly upon receiving the vehicle owner's authorization, and further agrees Service First
         repair work will not be postponed or given non-preferential status in comparison with other repair work performed by Repairer.
         Repairer agrees that unexpected delays in repairs will be promptly reported to the vehicle owner and to State Farm.
      g. Repairer agrees to provide State Farm with an electronic version of the initial estimate immediately after it is prepared and
         before repairs begin. Any significant supplemental estimate will be transmitted to State Farm immediately after it is prepared
         and before the additional repairs it relates to are commenced. Repairer will deliver a copy of the initial estimate and final repair
         bill to the vehicle owner and will maintain documentation that reflects that delivery. Repairer agrees to transmit electronic
         images of vehicle damage along with the initial estimate and/or supplemental estimate that corresponds to that damage. State
         Farm agrees to pay Repairer based on the final repair bill.
      h. Repairer agrees to collect from the vehicle owner any deductible amount and betterment charges along with amounts for
         unrelated repair charges ("owner's request" items), and to provide State Farm with an electronic version of the final repair bill
         that reflects these amounts. Repairer will obtain and retain, for a period of time as directed by local State Farm management,
         the vehicle owner's authorization for State Farm to pay Repairer directly for completed repair work.
      i. Repairer agrees to notify State Farm if a vehicle owner elects not to complete repairs as estimated.
      j. Repairer agrees to allow State Farm representatives access to vehicles while in the possession of Repairer. Such access shall
         be at the convenience of State Farm during Repairer's regular business hours.
      k. Repairer agrees not to offer any gifts, favors, or gratuities to State Farm agents or employees.

3.    Electronic Data Interchange. Repairer agrees to maintain electronic data interchange capabilities as specified by State Farm.
      Both parties recognize these capabilities may change from time to time.

4.    Equipment/Capabilities/Training. Repairer represents it meets the most recent Equipment/Capabilities Criteria as listed on the
      Repair Facility Survey, which has been completed by or on behalf of Repairer. In addition to these Equipment/Capabilities Criteria,
      Repairer agrees that it will provide, if requested, evidence of ongoing training for its management and technical personnel with
      respect to vehicle repair information and process.


104938 Rev. 08-01-2001                                            Page 1 of 2
5.     Workmanship. Repairer agrees to perform quality repairs and to utilize parts that serve to return the vehicle to its preloss condition
       relative to safety, function, and appearance.

6.     Warranty. Repairer agrees to warrant its workmanship, including refinishing, in writing to vehicle owners, for a period of not less
       than one year from the completion date of repairs.

7.     Independent Contractor Status. Repairer and State Farm acknowledge that Repairer is an independent contractor for all
       purposes in the performance of this Agreement and is neither an employee nor agent of State Farm. Neither Repairer nor State
       Farm shall misrepresent this status to vehicle owners or any other persons or entities.

8.     Assignment. Repairer agrees that it may not assign this Service First Agreement to any other entity, including an entity that
       affiliates with or merges with or acquires Repairer, except when State Farm approves such assignment in advance in writing. State
       Farm may in its sole discretion grant or deny such approval.

9.     Advertising. Repairer acknowledges that "State Farm" and "Service First" are trademarks of State Farm. Repairer agrees that it
       will not use these trademarks, or any State Farm logo, in any portion of its advertising and will not advertise its status as a Service
       First repairer absent express written permission from State Farm. It is further agreed that written permission must be in the form
       of a Licensing Agreement, to be executed separately from this Agreement. Repairer agrees State Farm may identify Repairer as
       a Service First repair facility, in printed or electronic lists or in other formats, which are available to vehicle owners and the general
       public.

10. Confidentiality/Privacy. Repairer acknowledges it may learn or have access to confidential, proprietary, or private information
    (“Information”) of State Farm, its third party vendors, and vehicle owners using the Service First Program. Repairer warrants that it
    will use such Information for the limited purpose of repairing vehicles. Repairer further warrants it will keep strictly confidential any
    such Information that Repairer may learn; provided, however, a third party performing as a subcontractor for Repairer to accomplish
    duties subject to this Agreement may have access to pertinent Information if that third party has agreed in writing with Repairer to
    keep such Information strictly confidential.

11. Indemnification/Insurance. Repairer represents it is insured for loss of or damage to customer vehicles and other property while
    in the possession of Repairer. In addition, Repairer represents it has in force and will maintain business liability insurance with
    liability limits equal to or in excess of one million dollars per occurrence. Repairer expressly agrees that it shall indemnify and hold
    State Farm harmless against any loss, damages, claims, or expenses of any kind whatsoever, including reasonable attorney fees,
    that may be incurred by State Farm as a result of the negligent or intentional acts or omissions of the Repairer, or Repairer's agents
    or employees. State Farm expressly agrees that it shall indemnify and hold the Repairer harmless against any loss, damages,
    claims, or expenses of any kind whatsoever, including reasonable attorney fees, that may be incurred by the Repairer as a result of
    the negligent or intentional acts or omissions of State Farm.

12. Limitation of Liability/Indemnity. EXCEPT FOR THE INDEMNIFICATION/INSURANCE AGREEMENTS (OUTLINED IN
    PROVISION 11 OF THIS AGREEMENT):
    (1) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY'S LIABILITY TO THE OTHER FOR ANY REASON WHATSOEVER
        EXCEED IN THE AGGREGATE THE SUM OF FIFTY THOUSAND DOLLARS ($50,000.00); AND
    (2) UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, EXEMPLARY,
        CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER.



Accepted and Agreed By:

                                                                                State Farm Mutual Automobile Insurance Company
Name of Repair Facility - "Repairer"                                     for itself and its subsidiary and affiliated insurance companies


Street Address                                                           Local Street Address


City, State, ZIP                                                         City, State, ZIP


Phone #                                Fax #                             Phone #                             Fax #


Signature of Authorized Repair Facility Representative                   Signature of Authorized State Farm Representative


Date                                                                     Date

104938 08-01-2001                                                   Page 2 of 2



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