Trademarks

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TCCC INSURANCE REQUIREMENTS

  1. Insurance Coverages.  Collision Center shall obtain and/or maintain throughout the term of this Agreement (and beyond to the extent required pursuant to Section 2 below), and cause its personnel to obtain and/or maintain during such time period that such personnel is providing services under this Agreement, the following insurance coverages:
    1. Commercial general liability insurance covering all operations by or on behalf of Collision Center directly or indirectly arising out of or connected with this Agreement, including coverage for premises and operations, products (either manufactured or supplied), completed operations, blanket written contractual liability, advertising injury, personal injury, including mental injury and death, broad form property damage, cross liability (separation of insureds or severability of interests), and employees of others hired or on loan by Collision Center or on loan to Service Provider as insureds, with limits of not less than One Million Dollars (USD$1,000,000) per occurrence and Two Million Dollars (USD$2,000,000) in the aggregate, such coverage must not contain an absolute pollution exclusion;
    2. Garage Liability and Garagekeepers Legal liability insurance with minimum coverage of at least of One Million Dollars ($1,000,000) combined single limit per occurrence.
    3. Workers’ compensation or similar insurance or other fund agreement providing statutory coverage for all Collision Center Personnel providing services hereunder that shall comply in all respects to the statutes of the jurisdiction, state, locality, territory, or province where services shall be provided or performed or having jurisdiction over Collision Center Personnel;
    4. Employer’s liability insurance in the amount of at least One Million Dollars (USD$1,000,000) for all claims in one policy period;
    5. Automobile liability insurance on all owned, non-owned and/or hired vehicles with the minimum coverage of at least One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury and/or property damage, and physical damage insurance for the actual cash value of each such vehicle.  Unless otherwise specifically agreed in writing by TMS, such coverage shall not only apply to vehicles owned and/or leased by Collision Center (and/or its personnel providing any services), but also any TMS-owned vehicles, if any, provided by TMS to Collision Center (or any of the Collision Center personnel) hereunder.  Collision Center shall assume, irrespective of liability, no more than a One Thousand Dollar ($1000.00) deductible for each comprehensive or collision loss;
    6. Umbrella liability insurance with a minimum coverage of at least Five Million Dollars ($5,000,000); and
    7. Cyber Liability with a minimum coverage of at least One Million Dollars ($1,000,000); covering all acts, errors, omissions, negligence, infringement of intellectual property; Network security and privacy risks, including but not limited to unauthorized access, failure of security, breach of privacy perils, wrongful disclosure, collection, or other negligence in the handling of confidential information, third-party cyber liability, privacy perils, and including coverage for related regulatory defense and penalties; any act, error, or omission (i) in the rendering or the failure to render technology-based services, or (ii) that results in the failure of software licensed to TOYOTA by Collision Center to perform the function or serve the purpose intended.  Such insurance shall be maintained in force at all times during the term of the agreement and for a period of three (3) years thereafter for services completed during the term of this agreement.
  2. General Insurance Provisions.  Collision Center shall include TOYOTA, and its parents, subsidiaries and affiliated companies as designated by TOYOTA, as additional insureds on the commercial general liability and automobile liability insurance required hereunder on a primary and non-contributory basis.  The coverage limits set forth in this Attachment B are minimum acceptable limits only; in the event that any Collision Center insurance policy required hereunder contains limits greater than those set forth in this Attachment B, TOYOTA’s, and its designees’, additional insured status shall extend to the full policy limits.  Collision Center shall be solely responsible for all (a) deductible or retention payments associated with all insurance policies required hereunder; and (b) defense costs and expenses allocated to claims against the insurance policies required hereunder, in the event such costs and expenses are not covered by any insurance policy.  The commercial general liability, automobile liability, and workers compensation insurance policies required hereunder shall include a waiver of, and Collision Center agrees to waive, any and all rights of subrogation or recovery against TOYOTA and the other Indemnitees.  Upon request, Collision Center shall provide TOYOTA with proof of the acquisition and maintenance of all of the insurance coverages required hereunder in the form of one or more Certificates of Insurance within five (5) business days of request thereof, which Certificate of Insurance must include confirmation of TOYOTA’s, and its designees’, additional insured status, the primary and non-contributory basis of the policy, and a waiver of subrogation.  Collision Center’s failure to provide Certificates of Insurance in compliance with this Section 2 or TOYOTA’s receipt or acknowledgement of receipt of such Certificate of Insurance or failure to object to the coverage evidenced by such Certificate of Insurance shall not limit or relieve Collision Center or constitute a waiver of Collision Center’s obligation to obtain insurance coverage as set forth in this Attachment B.  Collision Center shall provide, or require its insurers to provide, TOYOTA with at least thirty (30) days’ written notice prior to any change (excluding changes that have no impact on the obligations listed above), cancellation or reduction of such coverages.  If Collision Center’s personnel will be working at a location of TOYOTA or any of its parents, subsidiaries or affiliated companies, an alternate employer endorsement is required on the Workers Compensation insurance program.  All insurance shall be occurrence-based; provided, however, if Collision Center is unable to obtain occurrence-based coverage, then the insurance shall be on a claims-made basis, and the insurance policy shall extend for at least six (6) years after the termination of this Agreement or such longer period as required by law.  All of Collision Center’s insurance shall be primary and without right of contribution to any insurance that TOYOTA (or any of the other Indemnitee) may carry.  TOYOTA reserves the right to review, and must be satisfied with, the types and level of coverage to be obtained and maintained hereunder; to the extent TOYOTA requires additional or different types or levels of coverage than as set forth herein, Collision Center shall obtain and maintain same within thirty (30) days of such TOYOTA request (or other time period as agreed upon by the Parties), or TOYOTA shall have the right to terminate this Agreement, in whole or in part, for cause.  All insurance coverages required hereunder shall be procured from insurers with an A.M. Best’s performance rating of at least A- and with a financial size category of at least Class VII.  To the extent Applicable Law requires greater or additional coverages, Collision Center shall so comply with such requirements.  TOYOTA’s approval of any of Collision Center’s insurance policies or certificates does not relieve or limit any of Collision Center’s obligations under this Agreement, including obligations or liabilities under Section 11(c) or the other indemnity or defense obligations hereunder, or for claims outside the scope of the coverage, excluded by, or which exceed the required insurance limits of such policy(ies).  The insurance required under this Attachment B shall be in addition to, separate from, and not limited by any obligations under Section 11(c) or the other indemnity or defense obligations under this Agreement.  Collision Center shall promptly notify TOYOTA of any and all facts, circumstances, incidences, or notices which may give rise to a claim in connection with the services or products provided.

TCCC PROGRAM REQUIREMENTS

Agreement

Upon approval to participate in the TCCC Program, Collision Center is required to execute the Toyota Certified Collision Center Program Agreement (“Agreement”).

Consultations

Upon approval to participate in the TCCC program, an Initial Certification Consultation( ICC) will be held at the Collision Center to review compliance with program requirements and to provide business consultation services as a benefit of the program. Once Certified, annual Re-Certification Consultations (RCC) will be scheduled to perform the same services. During each consultation, TOYOTA and/or its designated and approved vendor will hold a close meeting to report Collision Center findings. Collision Center representation, including but not limited to, the Collision Center’s Manager, must be present during the close meetings.

Financial Data

Collision Center is required to transmit the Collision Center’s complete and accurate Financial

Statement data to TOYOTA on a monthly basis. It is acceptable for the financiald ata to be shared via the TCCC online form titled “Financial Statement TCCC” located at https://tccc.collisionrepairnetwork.org/

The Financial Statement data will be used for purposes of benchmarking, performance reporting, and program consultation services. If Financial data is not provided to TOYOTA, these features of the TCCC program will not be available, and TMS may deem the Collision Center to be in material breach of the Agreement and/or withhold certification, at TMS’s sole option, until such data is provided.

Repair Order Data

Collision Center is required to collect and share Collision Center’s Repair Order (RO) data. RO data includes, but is not limited to, customer contact information, VIN data, and vehicle repair, service, or warranty data. Acceptable sources of RO data are: Collision Center’s Management System or a selected vendor. Purpose of collecting RO data is for benchmarking, performance reporting, facilitation of customer satisfaction surveys, and program consultation services. If RO data is not made available to TOYOTA, these features of the TCCC program will not be available, and TMS may deem Collision Center to be in material breach of the Agreement and/or withhold certification, at TMS’s  sole option, until such data is provided.

Insurance

Collision Center is required to carry insurance coverage in the amounts set forth in the Agreement.

Training

Please refer to the table below for specific staffing requirements based on your annual customer pay repair order count as of December. Each role within the collision center must meet the designated criteria to ensure compliance with the program standards.

 Annual Customer Pay Repair Order Count YTD DecemberCertified Collision Staffing Requirements
Manager  Job Code: 0321- Higher1
Estimator  Job Code: 0651 – 22001
2201 – 44002
4401 – 66003
6601 – 88004
8801 – Higher5
Repair Technician  Job Code: 0531 – 11001
1101 – 22002
2201 – 33003
3301 – 44004
4401 – 55005
5501 – 66006
6601 – 77007
7701 – 88008
8801 – Higher9
Refinish Technician  Job Code: 0541 – 33001
3301 – 66002
6601 – 99003
9901 – Higher4

FACILITY REQUIREMENTS

All TCCCs (regardless of location)

  • The Building Exterior is free of
    • Broken windows / shattered glass
    • Blemishes or damage to signage letters
    • Major blemishes on customer facing doors and/or exterior walls
  • The Customer Lounge has:
    • No rips or tears in furniture
    • No paint chipping
    • No leaks in ceiling
  • The collision center must be clean enough to not impact the delivery of high- quality repairs and superior customer service
  • Facility has office space for management, administrative, and production staff
  • Wi-Fi Access
    • Minimum download speed = 5 Mbps
    • Wi-Fi coverage in customer lounge & shop area (different Wi-Fi names for each)
    • Wi-Fi measuring method: Phone App (Speedtest by Ookla)
  • Dedicated drive-in customer/estimate (not WIP) parking (with signage)
    • Minimum 2 spaces per 100 cars repaired monthly
  • Appropriate building signage / logos (only upon Certification):
    • Subject to applicable local zoning and land use regulations, the Trademark shall be represented in approved non-permanent exterior and interior signage and shall be at least as well represented (in terms of size, prominence, quality and volume) as other OEM marks and logos
  • Permanent signage (pylon signage or signage installed or affixed to the exterior of a building that, if removed, would result in damage or destruction or require renovation or rehabilitation) is not permitted for any of the following:
    • Insurance Carrier branding
    • Rental Car branding
    • Non-automotive branding
    • Trademark or any reference to TMS or Toyota
    • Other OEM trademarks or names
  • Restrooms onsite and accessible from customer lounge

TOOLS AND EQUIPMENT REQUIREMENTS

  • TIS access in estimator and repair/refinish areas
  • Pulling systems
    • Equipment capable of any/all pulling as outlined in repair manual procedures
  • Dedicated Parts Storage
  • Body Measuring System
    • Capable of simultaneous 3-dimensional electronic measurement, accurate to +-1.0mm or better
  • Corrosion Protection Applicator
    • Equipment capable of following Toyota and Lexus repair procedures
  • Computerized Paint Mixing & Formula Retrieval System (s)
    • Minimum Requirements:
      • Computerized system
    • Recommended:
      • Dedicated PC
      • Color Laser Printer
      • High resolution monitor
      • Integrated weighing solution
  • Painters Supplied Air Respirator System
    • Minimum Requirements:
      • Full face mask and painter suit
      • Gloves composed of nitrile rubber
      • Battery powered OK
      • Must comply with OSHA and NIOSH regulations for your area
    • Recommended:
      • Full face mask and painter suit
      • Gloves composed of nitrile rubber
      • High capacity, portable 1hp 120 VAC electric, 25’ length of ¾” non-toxic king proof lightweight flex air hose
      • Must comply with OSHA and NIOSH regulations for your area
  • Paint Thickness Gauge(s)
    • Must be able to measure paint on ferrous, non-ferrous, and plastic surfaces
  • Paint Booth
    • Professionally installed, commercially purchased down draft or cross draft paint booth that complies with federal, state, and local environmental regulations
  • Compressed Air Filtration
    • Refrigerant, desiccant, or membrane compressed air filtration/drying unit
  • MIG / GMAW Welder(s)
    • Minimum Requirements:
      • 180amp output, 220V single phase minimum
    • Recommended:
      • 250amp computer-controlled wire feed and current usage
  • Squeeze-Type Resistance Spot Welder
    • Minimum Requirements:
      • 10,000amp capacity
      • 2,940N clamping pressure
      • 220V single phase
    • Recommended:
      • Liquid cooled
      • 14,000amp capacity
      • Microprocessor controlled welding current
      • 220V
  • Welding Respirators
    • Follow OSHA standards
  • Scan Tools & Vehicle Reprogramming Devices
    • Current Techstream or Techstream Lite products. Once approved for the Program, discounted rates are available
  • Refrigerant Recovery and Recharge
    • Minimum Requirements:
      • R1234yf
      • R134a
    • Recommended:
      • Dedicated ND11 service equipment and tools
  • High Voltage PPE
    • Minimum Requirements:
      • Rated to at least 1,000V (proper fitting)
    • Recommended:
      • Leather over-gloves in each size
      • Dedicated glove storage containers
      • Glove inflator/ inspection log
      • HV apron and face shield
      • HV workstation

Collision Center shall provide customer with the terms and conditions set forth on the next page with each repair order and similar agreement it enters into with its customers relating to vehicle repair services in a manner that is legally binding.

Collision Center is independently owned and operated and is not owned or operated by Toyota Motor Sales, Inc., or any of its parents, subsidiaries or affiliates, including without limitation Toyota Motor North America, Inc. and Toyota Motor Corporation, or its private distributors Gulf States Toyota, Inc. or Southeast Toyota Distributors, LLC or their respective parents, subsidiaries or affiliates (collectively, “Toyota”).  Collision Center is not authorized to act as an agent of Toyota. Toyota shall have no liability in connection with the Collision Center’s operations or services, including any failure by Collision Center to comply with any requirements of the Toyota Certified Collision Center Program or any failure to correctly or timely perform any repair services.