Mercedes-Benz
Special Terms
September 2006*
Table of Contents
Table of Contents
Introduction
Purchasing
-
MBST 31/08
Tools for Series Production Part and Spare Part Delivery
-
MBST 34/06
Supply of Spare Parts for DAIMLER Products
-
MBST 37/02
Regulations on the Payment of Setup Costs and Additional
Material Costs by DAIMLER
-
MBST 13/16
Production Process and Product Approval (PPA)
-
MBST 14/04
Quality Assurance: Implementation of a Quality Management System
-
MBST 18/02
Warranty Claims Against Suppliers
-
MBST 27/06
Failure Mode and Effects Analysis (FMEA)
Quality
Logistics
-
MBST 17/17
Purchase Orders
-
MBST 28/13
General Packaging Regulation and Handling of Containers
-
MBST 29/09
Shipment of Goods
-
MBST 33/07
Rules for Delivery via a Supplier Logistics Center
(LLZ) by the Supplier to DAIMLER
-
MBST 35/12
Communication with DAIMLER via Electronic Data Transmission (EDI)
Product Creation Process
-
MBST 01/09
Regulation Regarding the Provision, Testing and Exchange of
CAD and Electrics/Electronics Data
Environmental Protection
-
MBST 36/07
Environmental Sustainability
Mercedes-Benz Special Terms Table of Contents
* All references to Daimler shall be read as references to Mitsubishi Fuso Trucks.
Page 1
Mercedes-Benz
Special Terms
September 2006
Introduction
Introduction
1. Definition
The Mercedes-Benz Special Terms, hereinafter referred to as "MBST", are definitions which regulate
the flow of information and smooth processing of processes between Daimler AG, hereinafter referred to as "DAIMLER", and its suppliers.
In addition to DAIMLER's "Production material and spare part purchasing conditions for motor vehicles", the MBST form part of the contract and are separately mentioned in the purchasing contract
besides the other stipulations.
2. Publication
The relevant, most recent version of the MBSTs is in principle published centrally on the DAIMLER
supplier portal under http://daimler.covisint.com prior to the start of contractual negotiations. In
the event of significant legal or corporate changes/innovations, individual MBSTs may also be reissued during the year. The suppliers will be informed of this by DAIMLER.
Internal duplication is permissible and required for individual departments within the supplier companies.
3. Communication
Communication between DAIMLER and the supplier takes place in German or English unless otherwise agreed.
4. Materiality of the German Version
The MBSTs are published in both German and English. Only the German version is binding in the
event of deviations.
5. Compliance
Within the framework of its commercial dealings with DAIMLER, the supplier is obliged to desist
from all practices which may lead to penal liability due to fraud or embezzlement, insolvency
crimes, crimes in violation of competition, guaranteeing advantages, bribery, acceptance of bribes
or other corruption crimes on the part of persons employed by the supplier or other third parties. In
the event of violation of the above, DAIMLER has the right to immediately withdraw from or terminate all legal transactions existing with the supplier and the right to cancel all negotiations.
The above notwithstanding, the supplier is obliged to adhere to all laws and regulations applicable
to both itself and the commercial relationship with DAIMLER.
Daimler AG
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Mercedes-Benz
Special Terms 31/08
September 2006
Purchasing
Tools for Series Production Part and Spare Part Delivery
1. General
Tools under the terms of this MBST are original, forming and separating tools in accordance with
the definitions of DIN 8580/8582/8588. No other production equipment is to be regarded as
tools.
All regulations of this MBST are applied accordingly to tools at the premises of sub-suppliers or
other third parties. The supplier is obliged to ensure that its sub-suppliers or third parties, at whose
premises the tools are located, behave in accordance with this MBST and grant DAIMLER the rights
formulated in this MBST. This particularly applies to the identification of the tools as the property of
DAIMLER.
In terms of all jigs, fixtures and gages, DAIMLER shall obtain ownership of all jigs, fixtures and
gages and all subsequent jigs, fixtures and gages by way of security in order to ensure delivery.
DAIMLER may only demand that jigs, fixtures and gages be surrendered in the event of an interruption in delivery. In this case, DAIMLER is additionally entitled to reimburse the percentage of the jig,
fixture and gage costs which has not yet been amortized to the supplier. Upon reimbursement of
the costs, DAIMLER obtains ownership of the jigs, fixtures and gages.
In terms of tools, a distinction must be made between tools which are or become the property of
DAIMLER (DAIMLER-owned Tools) and tools which are not or do not become the property of DAIMLER (Non DAIMLER-owned Tools).
Regardless of ownership, the supplier must handle all tools and other production equipment with
the degree of care necessary to guarantee that DAIMLER is properly supplied.
DAIMLER is entitled to check adherence to this MBST at the supplier's premises during its applicable hours of work and following prior coordination. The supplier will support DAIMLER in this, and
will, in particular, keep the documents pertaining to the tools ready for perusal.
2. DAIMLER-owned Tools
The following stipulations regulate the supplier's and DAIMLER's rights and duties regarding the use
of tools which are the property of DAIMLER by the supplier.
2.1. Transfer of Tools
The supplier is authorized and obligated to use the tools within the framework of the supply contract concluded with DAIMLER concerning the part to be manufactured with the tools.
The supplier is prohibited from any deviating use of DAIMLER-owned Tools, particularly the production of parts to supply third parties or without DAIMLER's prior written consent the transfer of usage to third parties.
2.2. Servicing and Tool Maintenance
The supplier is responsible for the defect-free functional capability of the tools during their use in
the contractual undertaking to supply DAIMLER. The supplier must ensure constant, defect-free
functional readiness of the tools for the purpose of defect-free delivery to DAIMLER by means of
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continuous maintenance and repair at its own expense. The maintenance and repairs shall, in particular, encompass all expenditure necessary for preserving the operating condition and removing
all defects and damage and any modifications and deterioration as a result of using the tools.1 In
turn, DAIMLER makes the tools available to the supplier free of charge.
2.3. Tool changes
In the event that modifications to the tools are required owing to changes in DAIMLER's technical
specifications, the supplier must first of all submit a written offer to DAIMLER to modify the tools
with the least possible expenditure.
Modifications to the tools may be carried out by the supplier only after DAIMLER has commissioned
the supplier in writing. Any expenditure in excess of these specifications shall not be remunerated
by DAIMLER.
2.4. Identification and Stock Taking
The supplier must clearly and permanently identify those tools which are the property of DAIMLER
as the property of DAIMLER. During stock taking at the end of the year, the supplier shall transfer
the necessary information on the tools in its possession to DAIMLER.
In the event that the property of DAIMLER is endangered by means of enforcement measures, particularly attachment, seizure or insolvency proceedings, the supplier shall inform DAIMLER thereof
without undue delay. In any case, the enforcement agency shall be informed without undue delay of
DAIMLER's right of ownership. At the same time, the supplier shall forward copies of the enforcement documents to DAIMLER.
2.5. Liability
The supplier bears liability for all tool defects, damage, changes or deterioration2. The supplier is
not held liable if these tool defects, damage, changes or deterioration are attributable to Acts of
God.
The supplier must ensure that no personal injury or property damage is caused by the tools. It shall
indemnify DAIMLER from and against such damage claims.
The supplier, as the Daimler-owned tools keeper shall be required to contract and keep in force, at
all times an insurance to protect against all damages that may be suffered by such tools while located in the supplier’s premises or to obtain adequate coverage for Daimler tools, naming Daimler
first beneficiary thereof, by extending all risks policies.
2.6. Duty of Return
At the end of delivery, the supplier shall essentially return the tools to DAIMLER in the condition
which exists following proper fulfillment of the supplier's duties arising from this MBST. All liens and
rights of retention of the supplier in respect of the tools are excluded.
3. Non DAIMLER-owned Tools
Insofar as DAIMLER is not the owner of the tools, DAIMLER shall obtain ownership of the tools and
subsequent tools by way of security in order to ensure delivery.
DAIMLER may only demand that tools be surrendered in the event of an interruption in delivery. In
this case, DAIMLER is additionally entitled to reimburse the percentage of the tool costs which has
not yet been amortized to the supplier. In this case, DAIMLER obtains unlimited ownership of the
tools on reimbursement of the costs.
1
2
If a yield volume has been agreed, this applies only to the agreed yield volume.
Liability for deterioration of the tools only applies to the agreed yield volume, if such yield volume has been agreed.
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The supplier is obliged to scrap tools which it uses or has used to manufacture parts for DAIMLER
only following prior written approval by DAIMLER. If DAIMLER does not approve scrapping, mutual
regulation of the costs must be agreed.
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Mercedes-Benz
Special Terms 34/06
September 2006
Purchasing
Supply of Spare Parts for DAIMLER Products
1. General
The high performance level in parts supply is a significant buying reason for DAIMLER customers
and thus an essential competitive feature of DAIMLER products. In regard to pricing, quality and
faithfulness to deadlines, spare parts supply thus has the same significance to DAIMLER as the
supply of production.
2. Definition of Spare Part
Spare parts are required to meet replacement needs arising from the exchange of parts of the vehicle. They include parts delivered in a condition deviating from the series in respect to finish or
packaging. Such deviations are specially noted.
For products/systems/units, the particular spare parts are mutually specified by DAIMLER and the
supplier.
3. Parallel Sales
If DAIMLER develops the product itself or DAIMLER has paid the supplier for development, or the
product is manufactured on tools which are the property of DAIMLER, the supplier is obliged to
supply spare parts only to DAIMLER. DAIMLER shall charge the supplier compensation amounting
to 10% of the DAIMLER gross list price per part in every case of culpable violation. Furthermore, the
supplier shall be obliged to furnish proof to DAIMLER of unit volumes and purchasers of parts supplied in parallel.
Moreover the supplier shall not be entitled to supply to third parties any parts branded with a
DAIMLER trademark or DAIMLER part number without prior permission in writing by DAIMLER. If
the brand is used unlawfully and the supplier is at fault, an additional penalty of 5% of the DAIMLER
gross list price shall be payable. The total compensation payable is then 15% of the gross list price.
In order to avoid damaging the image of DAIMLER brands, the parallel sale of parts by suppliers is
not permitted where the DAIMLER brand has recognizably been rubbed out, scratched off or otherwise removed by an external influence. The covering of DAIMLER brands or part numbers with
stickers or paint is also not permitted.
4. Brands
The supplier commits itself to mark the spare part as specified by the drawings. The DAIMLER
brand name is to be affixed to all parts in accordance with the specifications (MBN 33015). The
supplier's own markings or those attributable to the supplier must not exceed the size of Daimler's
brand names.
5. Period of Supply and Purchase Right
The supplier undertakes to supply DAIMLER spare parts for the product for a period of at least 15
years after discontinuation of production.
Parts-specific production equipment of the platform or part may only be scrapped with the written
consent of DAIMLER, regardless of ownership status.
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6. Pricing
For spare parts delivered during the series delivery period, the series price current during the series
lifetime basically applies.
In the case of parts for systems/units, the price of the spare part is determined by breakdown, deducting assembly cost from the price.
7. Documentation of Spare Parts
The cost of preparing spare-parts documentation (incl. single-part drawings), including the maintenance of all modification statuses, forms part of the price of the overall delivery.
The scope of the documentation (CATIA 3D drawings, parts lists etc.) and the deadline for its completion will be agreed between DAIMLER (Spare Parts) and the supplier.
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Mercedes-Benz
Special Terms 37/02
September 2005
Purchasing
Regulations on the Payment of Start-up Costs and Additional Material Costs by
DAIMLER
This MBST applies only to deliveries to the Mercedes Car Group and Maybach.
1. General Principles
DAIMLER distinguishes between plannable start-up costs (see 2) and non-plannable start-up costs
(additional material costs, see 3).
At the request of the supplier, DAIMLER states the necessary project information on the projectspecific start-up process (non-binding, estimated requirements from Quality Gate C or III up to the
achievement of full capacity, etc.), as already in the invitation to tender documents under commercial contents and deadlines to the supplier as the basis.
Start-up process (general):
2. Plannable Start-up Costs
Between Quality Gate C/III (start of advanced prototype/batch 4) and full capacity, higher costs
may arise in the supplier's production process than after the achievement of full capacity (plannable start-up costs). These costs can be calculated at an early stage and as part of the tender on
the basis of the specified start-up unit numbers and deadlines.
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These plannable start-up costs may include:
− Production
set-up and idle capacity costs, assembly and testing expenses, rejects, supplements for smaller quantities
− Logistics
transportation, storage, container, handling and repackaging costs
− Submission of supplies for color committees, design-stage workshops, process acceptance
tests, Initial sample inspection with sample inspection report/initial sample
samples
inspection report (SIR/ISIR)
The initial samples to be supplied by the supplier for the production and process approval procedure (PPF) in accordance with MBST 13 form part of the
plannable start-up costs and must therefore be supplied free of charge.3
Sample parts to be supplied following a design change in accordance with
MBST 13 must be taken into consideration in the change tender via eÄM.
As a rule, the plannable start-up costs listed above are covered by the series price.
If there are justifiable individual cases in which the plannable start-up costs are not covered by the
series production price, the supplier should specify any such additional costs in detail at the time it
submits its tender. Start-up costs mentioned once the order has been placed cannot be included.
Plannable start-up costs up to QG A/I are only paid to the supplier if this is approved by DAIMLER.
The supplier will ensure that, for deliveries as of Quality Gate D/IV, "blank" release design stage
can be assigned by DAIMLER, deliveries as of Quality Gate C/III are manufactured with the series
tool and sample inspection with the result part green / process yellow is completed by Quality Gate
B/II (design stage in accordance with MDS).
3. Additional Material Costs
If further changes arising from design changes or significant changes to DAIMLER's non-binding
requirement estimates are required for deliveries as of Quality Gate C/III and this is not the fault of
the supplier, these additional material costs (MMK), which are not plannable when the tender is
submitted, may be separately remunerated by DAIMLER within an appropriate framework.
To this end, the supplier names and justifies the non-plannable components within the framework
of the MMK inquiry by the corresponding assembly plant in the web-based MMK database (currently for the Sindelfingen plant) or conventional MMK processing via fax (other plants).
Some of the reasons for additional material costs can be:
−
−
−
−
Additional staff costs incurred by suppliers
Reworking
Special carriage costs
Scrapping costs
MMKs are only paid to the supplier up to full capacity subject to approval by DAIMLER.
4. Series Production Price
The series price becomes valid for the supplier's deliveries which are installed at DAIMLER as of the
point in time designated "Quality Gate C" (start of advanced prototype) or "Quality Gate III" (batch
4). The actual timing in each case is determined by the project schedule (MDS milestone plan).
3
The defined number of initial samples in accordance with MBST13 or a special agreement with the purchaser (e.g. in
the case of larger tool nests) serves the supplier as the calculation basis.
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5. Allocation of flash and OTP processors
5.1. as series solution: costed into series production price
If, within the framework of target price definition and assignment, a flash/OTP solution is agreed as
the series solution, the supplier must cost this into the series price.
5.2. as an intermediate solution from the advanced prototype up to and including PRO 2 or PT 2:
specification as start-up costs
The MDS process states that the provision of electric and electronic components for PRO 3 or PT 3
from mask processors must be ensured by the supplier, i.e. the use of flash/OTP processors for
part provisioning prior to PRO 3 or PT 3 must be specified as plannable start-up costs by the supplier.
5.3. as an intermediate solution as of PRO 3 or PT 3: remuneration as MMK
These must be treated as the aforementioned additional material costs requiring approval.
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Mercedes-Benz
Special Terms 13/16
September 2006
Quality
Production Process and Product Approval (PPA)
1. Introduction
In accordance with ISO/TS 16949, the supplier must carry out a PPA process for series production
approval. Unless otherwise specified in the following, the requirements made on this process are
oriented towards the relevant, current issue of VDA Volume 2. In individual cases, a different process may be coordinated with the client DAIMLER plants.
2. Application Area
In addition to the scope specified in VDA Volume 2, the PPA process must also be carried out in the
case of standard parts (parts whose item number begins with "N") and software.
DAIMLER may request an initial sample inspection report for a scope of delivery and all component
parts with DAIMLER item number contained therein.
3. Basics of the PPA
3.1.
Series Production Approvals of Other DAIMLER Plants
If the supplier has already carried out a PPA process and has received series production approval
from a DAIMLER plant and no trigger for a new PPA process is present, only sampling according to
VDA Volume 2, Chapter 4.5 (samples and documents incl. inspection report from DAIMLER) has to
be carried out for these plants prior to supplying other DAIMLER plants.
3.2.
Identification of the Parts
Parts for which sampling has not yet been carried out must be identified with a red sticker (∅
approx. 20 mm) specifying the development status in accordance with the development part life
record (Exx, whereby xx is the sequential index). In consultation with DAIMLER, these parts must be
presented as "other samples" and serve exclusively for design stage validation. No series production approval is issued for "other samples".
Beginning with the initial sampling of parts from series production tools and the series production
process, these must be identified with a white sticker specifying the quality status in accordance
with the quality part life record (Qxx) up to completion of the final DAIMLER production test/try
out. In the case of colored parts, the color status in accordance with the color part life record (Fxx)
must additionally be specified.
Coordination with the client DAIMLER plant is required for body shell parts. In justified, exceptional
cases, deviating regulations may additionally be agreed with the client DAIMLER plant employees
responsible for series production approval.
4. Triggers for the PPA Process
The client DAIMLER plant employees responsible for series production approval must be notified of
all production process and product modifications. Unless otherwise agreed, proceed according to
the following matrix.
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Trigger
New parts
Product modifications
Production relocation
Production process modification
Test process modification
Long-term production stoppage, more than
12 months
Use of new, modified or replacement tools
(not applicable to metal removing tools)
Change in 2nd-tier suppliers (DAIMLER 2ndtier). In the case of parts with special characteristics (DS, DZ), the above obligation exists
up to the supplier responsible for the characteristic.
Modifications in the supplier's purchased
parts
Subsequent sampling
Requalification
Execution of
PPA
Information to
purchasing
Information
to logistics
On request
5. Execution of the PPA Process
If a PPA process trigger caused by the supplier arises, the supplier shall provide notification of this
trigger at least six months prior to planned implementation. In justified, exceptional cases, deviating regulations may be agreed with the client DAIMLER plant employees responsible for series production approval.
DAIMLER specifies a sampling date to the supplier. Even without a separate purchase order, the
supplier shall deliver sample parts by the above mentioned date, unless DAIMLER expressly dispenses with delivery.
For parts in whose tools the surface structure is integrated in a separate production step, the PPA
process is carried out on the basis of "other samples" with a development status in the spirit of
Chapter 4.5.2 of VDA Volume 2. Approval for integrating the surface structure is issued by the department responsible for series production approval.
If a dimensional test in uncoated condition has been agreed with DAIMLER for coated parts, the
supplier shall additionally submit uncoated parts as agreed upon.
In the case of cast and forged parts, the supplier shall produce cross-sections and deliver these
together with the samples, in order to verify that wall thicknesses, radii, etc. are met.
In the event of deviations, the supplier must obtain written approval (deviation permit) from the
responsible DAIMLER development department in advance and submit this for sampling. The corrected status must be presented within the framework of subsequent sampling, prior to expiry of
the deviation permit.
The relevant product and process characteristics for which capability studies are to be carried out
are to be coordinated with DAIMLER. Until the process capability parameters have been verified,
the characteristics are checked 100% by the supplier, then according to the inspection plan.
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In deviation from VDA Volume 2, the following requirements apply to the DS/DZ characteristics
specified in the specification documents (e.g. drawings, CAD data records):
− Short-term process capability Cmk ≥ 2.0
− Long-term process capability Cpk ≥ 1.67
"Supplier production tests/try outs" must basically be carried out in the case of new launches and
model enhancements, and the department responsible for series production approval must be notified within good time so that participation by DAIMLER is possible. Approval is carried out if full
adherence to all part criteria (Annex 2) is verified and the process criteria (Annex 2) are met according to the following table. Unconditional, general approval must take place by "supplier production
test 3/try out 3" at the latest.
Outside of new launches and model enhancements, no "supplier production test/try out" is carried
out subject to coordination with the client DAIMLER plant employees responsible for series production approval. Approval only takes place if all part criteria (Annex 2) and process criteria (Annex 2)
are met in full.
Process criteria
Timepoint
Plant, machinery, equipment
Logistics chain
Cycle time, unit nos.
Personnel
Process capability
Test equipment, test
benches
Manufacturing process,
bought-in parts
General approval with condition
"Supplier production test 1/try
out" if several are planned
OK
General approval without condition
Final "supplier production
test/try out"
OK
OK to a limited degree
OK to a limited degree
OK to a limited degree
OK to a limited degree
OK to a limited degree
OK
OK
OK
OK
OK
OK to a limited degree
OK
For selected scopes, a number of parts which at least corresponds to the yield of one shift and at
most the yield of 3 days of production (DAIMLER capacity line under consideration of the extra
component rate) must be produced in coordination with DAIMLER in the final "supplier production
test/try out". These parts must be produced under "capacity line" conditions.
If the supplier buys in complex or critical deliveries from sub-suppliers, the supplier must select a
similar procedure, involving DAIMLER if necessary. The scopes must be coordinated with the client
DAIMLER plant's quality management.
6. Submittal level
Unless otherwise agreed between the department responsible for series production approval and
the supplier, documents and samples corresponding to submittal level 2 will be made available to
DAIMLER.
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No.
Requirements (characteristics in accordance with specifications)
1
PPA report cover sheet
Test results (e.g. dimension4, function, material (e.g. strength, physical
properties), haptics, acoustics, odors, appearance5, surface, reliability,
process capability, weight, transport means, EMC/ESD test, etc.)
Samples (number per nest; only 2 parts in the case of color sampling)
Documents (e.g. customer drawings, CAD data, specifications, approved
design modifications, etc.)
Supplier design and development approvals if responsible for development
System FMEA Product
System FMEA Process
Process flow chart (production and inspection steps)
Production control plan (control plan)
Inspection and test equipment list (product-specific)
Inspection and test equipment capability study, as appropriate (result)
Confirmation of compliance to legal requirements, if agreed with DAIMLER
(e.g. environmental, safety, recycling)
Material data sheet via IMDS (ID No. must be entered on the PPA report
cover sheet)
Software test report (Annex 4)
List of materials, with drawing if requested by DAIMLER (Annex 3)
List of work and test instructions with approval status
Tools list (with unit nos./number of nests and statement on tool quality)
Evidence that series production cycle time has been achieved
Overview of the supplier's purchased and in-house parts with part and
process approval status
Written confirmation that criteria are met in accordance with series production maturity, part and process assessment matrix
Quality6/color part life record (Annex 1)
Sample card (Annex 5) (only at the request of the relevant DAIMLER plant)
Paint system approval by DAIMLER according to DBL 7384
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
E
Submittal
level
1
2
3
5
5
E
E
E
5
E
Requirement for the relevant submittal level, for perusal only,
documents remain with the supplier
The supplier documents the procurement structure of its suppliers and provides this to the client
DAIMLER plant on request.
4
The following DAIMLER guidelines must be applied (see SIS standard master on the supplier portal under
http://daimler.covisint.com):
- General specifications for body parts.
- Standard for describing measured results for purchased assembly parts and attaching body parts.
5
As part of color sampling, the measurement reports for spectral measurement on the reference or basic sample and
the initial sample must be enclosed.
6
The "E/Q status" describes the precise drawing and geometry status (ZGS) with design and usage message (KEM),
e.g. YAP and additionally all production technology statuses and modifications.
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7. Storage Periods
Following the discontinuation of series production, the PPA process documents must be archived
for 15 years by the supplier and submitted on request.
8. Approval Status
The supplier is notified of the general approval status in the form of a test report. For specific
plants, the results of the material test may be transferred with a separate test report. The supplier
receives the IMDS data sheet evaluation via IMDS.
9. Reporting
The method and format of sampling document transfer must be coordinated with the relevant
DAIMLER plant. If submission takes place in paper form, the supplier provides 5 copies of the
documents.
10. Preparatory Activities
Prior to or in accompaniment of the PPA process, activities such as e.g. design stage workshops or
color in-camera meetings are carried out by DAIMLER together with the suppliers for selected, partial scopes. The parts for the color in-camera meetings must be manufactured under full series production conditions. Insofar as parts with the specified surface structure are not already ordered for
the first color in-camera meeting, these must be supplied with the specified surface structure by
the following color in-camera meeting at the very latest.
11. Non-adherence
If the agreed sampling per part status does not lead to success, the supplier bears all additional
costs incurred by DAIMLER which are directly related to the sampling process if it is responsible for
the negative result.
Annexes:
(See SIS standard master on the supplier portal under http://daimler.covisint.com)
Annex 1
Part Life Record
Annex 2
Assessment Matrix for Approval Status
Annex 3
Material BOM
Annex 4
Software Test Report
Annex 5
Sample Warrant
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Mercedes-Benz
Special Terms 14/04
September 2006
Quality
Quality Assurance
Implementation of a Quality Management System
1. Selection and Application of the QM System
To ensure flawless and constant product quality, the supplier shall establish a quality management
system, henceforth referred to as "QM". The QM system is selected and applied in accordance with
the prevailing version of ISO/TS 16949. The application of another QM system requires the approval of DAIMLER.
The supplier shall oblige its sub-suppliers to adhere to the obligations arising from this MBST.
Suppliers which develop and supply software, also in combination with hardware, must observe the
relevant, valid version of the ISO/IEC 15504 or AutomotiveSPICE™ standards.
2. Auditing/Verification
DAIMLER is entitled to audit and evaluate the supplier's QM system and quality assurance measures or to have these audited and evaluated by a third party commissioned by DAIMLER. This may
be carried out e.g. as part of an audit (supplier technical audit), following prior announcement, during the supplier's hours of business. As part of its deliveries, the supplier must also enable its subsuppliers to be audited by DAIMLER or a third party commissioned by DAIMLER. The supplier declares itself willing to support DAIMLER in identifying weaknesses in the sub-supplier structure (e.g.
as part of a structural and risk analysis "SRA"). Optimization of the weaknesses which are ascertained is the responsibility of the supplier. DAIMLER may demand to participate in the optimization
carried out by the supplier and, in individual cases, specify quality assurance measures.
On request, DAIMLER must be informed of measuring variables in the software development process (e.g. number of errors per lines of code, error distribution over development phases, efficiency
measurement in various phases of software development, test coverage such as C1 or equivalent
measuring variables).
The maturity of the software development process must be verified on the basis of an assessment
in accordance with ISO/IEC 15504 or AutomotiveSPICE™.
A result protocol according to SPICE or AutomotiveSPICE™ must be submitted on request. For the
processes assessed in the relevant, valid version of DAIMLER Minimalscope, the supplier must observe the level 3 or deviating specifications which are defined in the DAIMLER specifications. If the
required level is not achieved, corresponding measures, including adequate scheduling, must be
agreed in coordination with DAIMLER.
The execution and scope of the assessment and qualification of the assessors must meet the requirements of the standardization activities of the software manufacturer initiative (HIS) and AutomotiveSPICE™. In the event of significant deviations from these requirements, the assessment is
invalid. In this case, reassessment must be carried out by an independent third party who did not
take part in the invalid assessment. The costs of this reassessment are borne by the supplier.
DAIMLER basically has the right to carry out an assessment itself according to ISO/IEC 15504 or
AutomotiveSPICE™.
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3. Scientific and Technical State-of-the-art
According to the requirements of the product liability act, the supplier shall ensure that its deliveries and services correspond to the scientific and technical state-of-the-art.
4. Zero Defect Strategy
The supplier verifies the defect free product realization. The supplier documents its quality assurance measures with proof of quality assurance (e.g. test protocols of module, integration and systems tests, review protocols of specification, design and code reviews).
The supplier shall inform DAIMLER immediately as soon as violations of the zero defect obligation
are foreseeable.
The supplier is responsible for determining and properly defining the special characteristics (e.g.
safety-, certification-, functionally- and process-relevant) in accordance with the specifications, requirement specifications or other DAIMLER data and for suitable optimization of production systems, processes and test methods. If, in the case of a product defect, a risk to life or health during
use of the product cannot be excluded, the supplier is obliged to do everything to avoid defective
deliveries.
Machine and process capability is examined and evaluated on the basis of VDA Volume 4, Ensuring
quality prior to use in series production. The supplier must ensure production process stability by
means of suitable process regulation.
Suppliers of electrical and electronic components shall implement suitable indicators to detect
conspicuous trends and anomalies (e.g. anomaly tests such as Parts Average Analysis). No parts
subject to anomalies shall be supplied to DAIMLER.
If the supplier is (jointly) responsible for the development of the products and/or services supplied,
the supplier must assess the relevance of the products or services supplied in terms of safety or
certification, and note the results of such assessments on all technical documentation, drawings
and other documentary material. In its technical documents, drawings and other documentation,
which are made available to DAIMLER, the supplier is additionally obliged to use DAIMLER identification. This identification must be continued in an adequate manner in all further documentation.
The supplier is obliged to implement the measures to be derived from the identification in current
production and to store the related verification.
DAIMLER identification requirements:
DS:
Documentation of relevance to safety
Components or systems whose malfunction or
failure may place the life and limb of other road
traffic users in direct risk are safety-relevant.
DZ:
Documentation of relevance to certifi- Components or systems whose data, verificacation (incl. emission relevance)
tions, construction permits etc. are used in
certificates or country-specific registration
documents or which are checked on type approval are certification-relevant.
For the purpose of traceability, the supplier, at the request of DAIMLER, shall identify the components with a unique serial number, the structure of which will be defined by DAIMLER.
The supplier is obliged to check annually whether its deliveries meet DAIMLER's specifications (including dimensions, material, reliability, legal specifications, environmental and production steering
plan). The supplier evaluates documents and archives the results. These must be made available to
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DAIMLER on request. Any deviation from this paragraph must be agreed in writing between the
supplier and DAIMLER.
5. Inspections by DAIMLER
Under consideration of the inspections carried out at the supplier's premises in accordance with
this MBST, the inspection carried out at DAIMLER is restricted to the comparison of delivery note
data with the goods labels, checking the number of load units and checking external transportation
damage which is clearly visible on the packaging.
Insofar as it is feasible according to the proper course of business, DAIMLER will either check the
assembly manufactured using the deliveries prior to the next production stage or will subject the
finished product manufactured using the assembly to an inspection.
There are no more far-reaching examination obligations for DAIMLER.
DAIMLER is entitled to participate in inspections, appraisals, reviews or tests carried out by the
supplier and its sub-suppliers, to have these observed by third parties authorized by DAIMLER or,
following prior coordination, to conduct such inspections itself at the premises of the supplier and
its sub-suppliers or to have these carried out by authorized third parties.
DAIMLER has the right to peruse all development documents (software incl. source code for the
purpose of analysis, e.g. ascertainment of metrics) and documentation which accompanies production.
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Mercedes-Benz
Special Terms 18/02
September 2005
Quality
Warranty Claims against Suppliers
Provisions concerning the handling of warranty claims in connection with defects of the parts incorporated in vehicles and of the spare parts that are attributable to the corresponding suppliers
which are not discovered until after the vehicle has been licensed / the delivery of spare parts to
their end-users
1. Subject Matter of the Agreement
1.1.
Scope
The stipulations contained in this MBST apply to the processing of DAIMLER's warranty claims
against suppliers which supply production material and spare parts.
1.2.
Objective
The objective of this agreement is to simplify the processing of DAIMLER's warranty claims against
suppliers and, in the case of liability for defects of quality, to cut costs for both parties by reducing
the number of defective parts being returned (hereinafter referred to as "damaged parts"). This will
result in:
− reduced parts handling and less time and expense spent in disposing of damaged parts
− the logistics of returning old parts being significantly quicker
− and thus speedier remedial work
− qualified damage information to improve the quality of the inspection report.
1.3.
Purchasing Terms
This does not affect the applicability of DAIMLER's purchase conditions / MFTE Purchasing Terms
and Conditions of the Purchase Contract’s, "Production material and spare parts for motor vehicles", agreed between DAIMLER and the supplier.
2. Procedures Involving the Exchange of Parts
2.1.
Ascertaining Defects / MFTE’s Purchasing & Development Department
Defects are ascertained by the DAIMLER sales organization and then fed into the DAIMLER systems
for handling quality defects. The damaged parts are identified as initially defective by DAIMLER.
2.2.
Return of Parts
2.2.1
To reduce the cost and time involved in the process of returning and analyzing all damaged
parts, worldwide, when a quality defect is discovered after the delivery of the relevant vehicle or of the relevant spare parts to end-users, the new defect inspection shall be carried
out, and the supplier's liability contribution to the costs determined, by means of a random
sample. This random sample will be based on the volume of damaged parts of a reference
market. In the absence of any other agreement, the German market shall be the reference
market. The size of the random sample shall generally be 20-30% of the damaged parts
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occurring in the reference market.
2.2.2
If the parts are not used for the inspection and are not returned to the supplier for technical analysis or overhaul, they shall be scrapped by the DAIMLER sales organization / MFTE
Purchasing & Development Department.
2.3.
Inspection and Determination of the Acceptance Rate (AQ)
2.3.1
Based on an inspection of the damaged parts contained in the random sample, DAIMLER
and the supplier generally agree the acceptance rate on a quarterly basis. This is calculated from the number of defects accepted by the supplier from the random sample in relation to the number of defects contained in the random sample within the defect period.
AQ =
number of defects accepted by the supplier from the random sample
damage claims contained in the random sample within the defect period
2.3.2
The supplier and DAIMLER shall each bear their own costs associated with the inspection,
including the costs of returning and making available the parts.
2.3.3
The inspection carried out on the terms herein provided for, shall aim at determining the
following:
•
Whether or not the relevant spare part(s) is (are) defective;
•
The amount of losses and damages suffered, directly or indirectly by MFTE, endusers or other entities;
•
The scope of suppliers’ liability.
Except when otherwise indicated in writing by DAIMLER, the result of the inspection shall be
accepted by DAIMLER.
2.3.4
In the event of inspection by the supplier, DAIMLER and the supplier agree to status feedback with initial test results to DAIMLER within 10 working days of the supplier's receiving
the goods. In the case of acceptance, the supplier submits a VDA-conforming 8D report per
defect profile. If, after a maximum of 20 working days as of receipt of the parts by the supplier, no concluding inspection result is available, the parts pertaining to this test report are
regarded as accepted. These periods may be extended by mutual agreement, where such
extension is justified.
2.3.5
If, following an initial analysis, no faults or cause of failure have been determined, DAIMLER and the supplier agree to an extended analysis, which both parties actively support,
e.g. more extensive analysis methods, introduction of regular communication, special
measures in the development phase up to and including on-site support in the event of
arising problems.
2.3.6
In the case of product changes, process changes or production relocations, which have
not been announced or released by DAIMLER, the acceptance rate is 100%, unless the
supplier proves that there is no causal connection with the occurrence of the defect. In the
case of assemblies or multi-part deliveries, this includes the parts procured by the supplier
from sub-suppliers.
2.4.
Determination of Costs
2.4.1
Warranty cost determination is based on paragraph 10 of the DAIMLER purchasing terms
for production material and spare parts for motor vehicles / MFTE Purchasing Terms and
Conditions.
2.4.2
The warranty costs comprise the costs of subsequent performance and the expenses in-
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curred in the subsequent performance, particularly transport costs and the costs of dismantling and installation. The relevant costs of transporting the spare parts from DAIMLER
goods inward to the place of subsequent performance is calculated each year by DAIMLER
and applied to the DAIMLER material purchasing price by means of a standard transport
cost factor. The costs of dismantling and installation are the labor costs actually incurred
in the repair shops in connection with the damage claims during the accounting period.
The warranty costs are thus calculated as follows:
Warranty costs = DAIMLER material purchasing price x transport cost factor + installation &
dismantling costs
2.4.3
The recovery volume is calculated by multiplying the acceptance rate by the sum of warranty costs worldwide.
Recovery volume = AQ x warranty costs of the supplier worldwide
2.4.4
The supplier receives an invoice - generally once a quarter - stating the accumulated cost
of the damage claims logged worldwide in the DAIMLER systems and the incidents of
damage attributable to the supplier over the warranty period.
3. Procedures Not Involving the Exchange of Parts
If quality defects can be remedied without an exchange of parts (e.g. adjustment work), the supplier
shall bear the costs of remedying the defect and the expenses involved in subsequent performance.
The acceptance rate is determined jointly, generally on the basis of an inspection of vehicles which
have the relevant defect. The supplier receives a statement, generally once a quarter.
4. Procedures Involving Defective Software
In the case of defective software caused by the supplier, the costs of delivering defect-free software and the labor costs incurred in exchanging the software in the repair outlets will be reimbursed by the supplier. An estimate will be produced of the labor costs for all vehicles affected, and
the supplier charged on a one-off basis.
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Mercedes-Benz
Special Terms 27/06
September 2006
Quality
Failure Mode and Effects Analysis (FMEA)
1. Procedure
The supplier must draw up and administer a system FMEA for the product and process for the system and components which are to be developed/supplied within good time using suitable software
(preferably IQ-FMEA from APIS). In this case, the procedure must correspond to VDA Volume 4,
Chapter 3.
The analysis contents and limits of the FMEA must be coordinated with the responsible DAIMLER
department in advance. The DAIMLER departments also specify the evaluation of the significance of
fault sequences ("significance B").
The documentation scope listed under number 2 must be submitted to DAIMLER for perusal. The
conclusions drawn from the FMEA must be documented.
More far reaching requirements may be defined in the requirement specifications by DAIMLER.
2. Scope of Documentation of the System FMEA for the Product and Process
− Full system overview (e.g. system structure, block diagram, installation/attachment/assembly
drawings, process flow chart)
− Functional overview (e.g. function network, function tree, effects diagram)
− Full fault network (faults with all causes and consequences)
− Evaluation tables (B, A, E)
− The FMEA manager (e.g. project manager) must be defined and documented
− FMEA participants
− VDA form (national) or QS-9000 form (international) completed in full with:
− Comprehensible evaluations (B, A, E)
− Preventive measures, discovery measures
− A processing status must be given for each measure. In the event that a measure is aborted, the reason must be documented accordingly
− A responsible person and a deadline must be specified for each measure.
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Mercedes-Benz
Special Terms 17/17
September 2006
Logistics
Purchase Orders
DAIMLER's parts requirements are calculated using a mechanical process and are electronically
transmitted, per item, in the "purchase order" form via electronic data transmission (EDI) or, in exceptional cases, via EDI-web / fax. The form fields defined in the following correspond to VDA recommendation 4904. Minor deviations are due to DAIMLER's internal organizational procedures. The
EDI-web procedure may only be used if this has been expressly agreed with DAIMLER.
Details on EDI communication are regulated in the EDI-manual7.
The contents of the following fields of the purchase order must always be stated in the delivery
notes and invoices:
(5.1)
Supplier no.
(10)
Customer's reference
(15)
Additional customer data (if transmitted)
(26)
Unloading point
(28)
Customer's item no.
(29)
Delivery designation
(31)
Quantity unit
(67)
Load carriers
The required quantities are allocated to precise calendar days over a short-term period
(2-3 months). These daily deadlines must be adhered to as input deadlines. In the case of deliveries
to DAIMLER plants outside of Germany / Portugal, deviating purchase order dates may possibly be
defined by the relevant purchasing contract. The sequence number (FZ) and the difference from the
requirement FZ of the last purchase order are specified for each of these delivery installments. This
makes it possible to see immediately what changes have occurred in comparison to the previous
program. Required quantities must only be delivered on the basis of the latest purchase order.
In the event of full or partial annulment of order quantities, DAIMLER undertakes the purchase
commitment for the ordered product or the feed stock required for this8 for the periods of time
defined in the "production or material release" fields. The purchase commitment refers to the highest progressive total in the periods "production release" and "materials release." Delivery is to be
coordinated with the respective order scheduler.
7
See supplier portal under http://daimler.covisint.com.
The purchase commitment "1+2" applies in the Mercedes Car Group; the purchase commitment "2+2" applies in the
Mercedes-Benz Commercial Vehicle Division: The quantity designated under production release is firmly ordered. Delivery must be based on the latest call, however. The quantities inserted under material release entitle material requirement planning, not production. Quantities required beyond these periods are target figures that are for information
only. If consignments in addition to the latest deliveries to be indicated are on their way to us, these quantities are to
count towards the next delivery instalment to fall due. Changes (replenishment orders or initial orders of new parts and
rescheduling or cancellations) that are disclosed to you as a result of changes in call-off and delivery plans should be
entered under the current call-off, until a new call-off is received.
8
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The "production and materials release" period begins with the day the purchase order is drawn up
and applies (as long as no new call-off is provided), progressing daily, to the stated period. Quantities printed out which exceed these requirements are planning figures which serve only information
purposes.
Purchase order confirmation is not necessary, as DAIMLER assumes that the specified requirement
quantities and delivery dates will be adhered to. In exceptional cases, requests for changes are to
be immediately discussed and agreed with the materials scheduling unit in charge and, where appropriate, confirmed using a copy of the purchase order. If the supplier is unable to meet the delivery deadline, it is obliged to notify the relevant DAIMLER plant's MRP department / MFTE’s Purchasing & Development Department within [15] days’ prior notice.
As the required quantities are calculated on the basis of the incoming goods sequence number, it is
vital that the supplier check the plausibility of the delivery sequence number of the most recent
purchase order in order to avoid top-up quantities or overstocking, and that the responsible material requirement planner be informed immediately in the event of differences.
Modified handling of purchase order in connection with delivery processing via LLZs as the supplier
warehouse is regulated by MBST 33. DAIMLER must inform the supplier of changes regarding the
required quantity forecast in the LAB (purchase order). If the supplier, relying on notification of the
forecast, required quantity, has produced goods and DAIMLER's actual requirements have changed
due to circumstances which lie within the scope of DAIMLER's risks, footnote 2 applies accordingly.
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Mercedes-Benz
Special Terms 28/13
September 2006
Logistics
General Packaging Regulation and Handling of Containers
1. General Regulations
On selection of the packaging required for to delivery the parts and when handling containers, the
supplier shall adhere to the regulations of the container management process handbook9. If, in addition, specific packaging requirements necessitate deviations from the regulations of the container
management process handbook, a jointly coordinated solution must be agreed between the affected partners:
− for production material, with the responsible packaging planner at the recipient plant (see
eCon);
− for Mercedes-Benz original parts, with the responsible Global Logistics Center packaging planner (for more detailed specifications, see brief packaging definition instructions for MercedesBenz spare parts);
− for raw materials and supplies: with the respective purchasing officer.
If several plants are affected by the exception, the supplier undertakes coordination for all of the
affected recipient plants.
2. Handling of Containers
Subject to coordination, the supplier additionally uses universal or special containers for its deliveries to DAIMLER. Communication between DAIMLER and its suppliers on container management
processes takes place via Electronic Container Management (eCon)10.
2.1.
Member Plants in the DAIMLER Container Pool
The supplier may only supply those plants affiliated to the DAIMLER container pool (see eCon) with
containers made available by the DAIMLER container pool. In the event that non-affiliated plants or
companies are supplied, the corresponding number of containers will be invoiced to the supplier.
2.2.
Container and Packaging Definition
The container and the packaging in accordance with the packaging data sheet are defined by the
recipient plant's responsible container planner in coordination with the supplier. Different containers may be defined for common parts in different plants. If the supplier fails to adhere to the defined container, DAIMLER reserves the right to invoice the supplier for the additional costs which
are incurred (e.g. repackaging costs and administrative expenses).
9
See supplier portal under http://daimler.covisint.com
See supplier portal under http://daimler.covisint.com
10
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2.3
Requirement Planning and Requirement Determination
In the case of rental containers, a supply requirement calculation based on the defined container,
its capacity, part requirements and the container circulation factors, is carried out by DAIMLER for
each container type. Alternatively, a fixed quantity may be agreed with the plants. This must take
account of any additional and special requirements. Fixed quantity agreements are concluded for a
period of at least one quarter.
In the case of special containers, requirement determination is carried out jointly by the supplier
and the recipient plant's container planner based on the planned production figures and the container circulation factors.
The recipient plant's responsible container planner must be informed of changes in the form of delivery or logistics chain (e.g. LLZ deliveries, additional or special requirements) and relocations immediately when these become known.
2.4
Procurement of Universal and Special Containers According to DAIMLER Design
Containers according to DAIMLER designs are usually procured by DAIMLER. The containers procured by DAIMLER are the property of DAIMLER. If universal containers or copies of DAIMLER designs are procured or brought into circulation by suppliers, these containers may be separated out
and possibly returned at the expense of the relevant supplier.
2.5
Procurement of Multi-manufacturer Designs, e.g. VDA Container System
As a rule, these containers are procured by DAIMLER. The supplier itself shall be responsible for
procuring any additional supplier requirements. All parties involved are responsible for the functional capability of the container pool.
2.6
Supplier Designs
The supplier may design and procure special containers subject to its own responsibility following
prior coordination with DAIMLER. The supplier is obliged to identify these special containers with an
official DAIMLER container number, which must be requested from the responsible container planner. The supplier is the owner and bears corresponding responsibility (repair, provision on schedule
and as required) in respect of these containers.
2.7 Usage Charge
If containers are procured by DAIMLER, the costs of procurement and operation are borne in partnership and are oriented towards DAIMLER's prime costs. The supplier's share is invoiced via a
usage charge. If procurement is carried out by the supplier, no invoicing is carried out.
The usage charge distinguishes between a rental price system and a debiting system for other containers which are not recorded via the rental price system. All containers of relevance to the rental
price system and their rental prices per calendar day are stored in eCon. Within the debiting system, a usage fee is incurred for all containers not contained in the rental price system. The significant characteristics of these processes are stored in the container management process handbook.
2.8
Control of Supplies
Empties are supplied by the relevant DAIMLER recipient plant on the basis of stock management
and requirement planning or the fixed quantity agreement. The suppliers shall support steering by
constantly checking the stock of empties and, in the event of container bottlenecks, shall contact
the plants' empties dispatch departments within good time. Unless otherwise agreed, the supplier
will usually be provided with series production containers for the first production test (e.g. PRO 1,
try out 1) in the event of series production launches.
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2.9 Account and Stock Management
Those container types currently subject to central stock management can be seen in eCon. Account management for the above mentioned containers is carried out by DAIMLER. The data quality
(e.g. delivery note data and shipping waybills) directly influences requirement-friendly container
supply and the level of the usage charge.
DAIMLER creates monthly container account statements and makes these available to the supplier
for checking in eCon. These form the basis for differential declarations within the framework of
stock taking and for rental price invoices. The account statement is regarded as approved if no
written objection is lodged with the responsible DAIMLER plant within 14 days of receipt, enclosing
the corresponding booking documents. Following the expiry of this period, the supplier can only
demand adjustments if it verifies incorrect stock determination, unless the supplier was aware or
should have been aware of this inaccuracy.
2.10
Inventory/Stock Taking
Annual stock taking is carried out by the supplier for all containers subject to central stock management. Additional stock taking during the year may be necessary for special containers (e.g. in
the event of availability bottlenecks). The supplier must record the stock taking results in an electronic stock taking list via eCon.
DAIMLER reserves the right to compare the plausibility of the booked stocks based on the requirement and stock values derived from the delivery call-offs. The supplier shall return excess stocks
which are determined to DAIMLER. If the containers are not returned, DAIMLER is entitled to procure replacements and invoice the supplier for the costs which are incurred at standard prices.
Replacements are also procured by DAIMLER in the event of negative differences; these are also
invoiced to the supplier if the supplier is culpable. If the supplier subsequently corrects its original
inventory report and DAIMLER has already procured the reported quantity of missing containers,
the supplier shall recompense 10% of the reprocurement value.
Should the supplier fail to comply with its obligations to count the container stocks and report
these figures to DAIMLER in good time, DAIMLER is entitled to charge any resulting expenses to the
supplier. In particular, DAIMLER is entitled, according to the mean inventory loss at DAIMLER, to
take 10% of the container stock booked for the plant on the inventory date as the basis and to invoice this to the supplier at the standard price. The charges levied can not be offset in inventory
reports in subsequent years.
The definitions of the VDA recommendation apply with regard to stock taking for the VDA small
container system. If stock adjustments have to be carried out in stock management due to inventory shrinkage, the procedure described above applies accordingly, with culpability-based charging
of the supplier.
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Mercedes-Benz
Special Terms 29/09
September 2006
Logistics
Shipment of Goods
1. General
The following regulations refer to the shipment of goods, including the requirements pertaining to
the creation of delivery notes and goods labels.
1.1.
Declaration the Origin of Goods
If the supplier's place of business and/or production plant is located within the European Union,
the supplier must issue a supplier declaration according to Directive (EU) 1207/2001 (individual or
long-term declaration) according to the relevant, applicable EU regulations.
− The supplier essentially receives a separate covering letter, "annual declaration", with the form
which is to be used. The supplier returns the signed declaration to DAIMLER within 4 weeks of
receipt, but on delivery at the latest.
− If, in exceptional cases, the supplier generates the supplier's declaration on its own headed
paper or electronically by means of electronic data transmission (EDI), this procedure must be
agreed with DAIMLER in advance.
If the supplier's place of business and/or production plant is located in a country with which an EU
free trade agreement exists, it shall issue proof of preference (movement certificate/declaration of
origin on the invoice) for each delivery. The provisions of the free trade agreements must be observed.
1.2.
Deliveries in Accordance with Incoterms 2000/Groups E and F
In the case of deliveries "FCA (...specified location)" or other terms of delivery in accordance with
Incoterms 2000 /Groups E and F, the supplier shall only transfer the goods to the movers commissioned by DAIMLER. The supplier is not permitted to interpose a mover. If, contrary to the agreed
terms of delivery, the supplier delivers the goods to DAIMLER itself, the supplier bears the risk up
to transfer to DAIMLER.
1.3.
Deliveries in Accordance with Incoterms 2000/Group D
If the supplier commissions the mover, the mover and the vehicle configuration to be used must be
coordinated with the DAIMLER recipient plant's transport logistics or incoming goods departments.
1.4.
Deadline Goods
Deadline goods are to be unequivocally declared as such to the mover and the receiving department of DAIMLER. The supplier notes date and time of arrival at DAIMLER on the shipping order,
which is handed over to the mover. Deviations from existing delivery time slot agreements must be
agreed in advance with the transportation-logistics department or the unit that receives goods at
the receiving plant.
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1.5.
Shipping/Transport Sequence Disturbances
Any disturbances in the specified sequence, including disturbances caused by 2nd tier suppliers,
must be immediately reported by the supplier to both the mover and the responsible planning department of the affected DAIMLER plant, orally and via telefax, precisely specifying the reason for
and the type of disturbance. Disturbances must be promptly remedied.
1.6.
Excess/Prior Deliveries
The supplier is only entitled to carry out partial deliveries, deliveries prior to the issue of a delivery
call-off and additional deliveries with the prior written consent of DAIMLER. If, counter to this stipulation, the supplier transfers the goods to a mover or carrier, etc. commissioned by DAIMLER, the
supplier bears the risk up to transfer in the DAIMLER recipient plant. Logistical costs for storing or
returning unauthorized excess/prior deliveries are borne by the supplier.
1.7.
Weight Determination
The supplier is responsible for properly determining the gross weight and tare weight of the shipment. If weights are improperly stated, DAIMLER passes on the added freight charges, plus processing fee, to the suppliers.
1.8.
Information Obligation
Purchasing, central transportation logistics, the plant's transport logistics department, the plant's
planning department, container planning, empties shipping and the mover must be informed in writing of changes in the shipping location, e.g. due to the relocation of production to another of the
supplier's production plants or the establishment of a delivery warehouse which deviates from the
previous location six weeks prior to the change.
1.9.
Shipment of Hazardous Goods
Consignments supplied by the supplier for transportation must comply with the provisions governing the carriage of hazardous goods. The obligations and responsibilities borne by the supplier as
the sender, packer/filler and loader arise from all applicable laws and regulations, including § 9
GGVS (German hazardous goods road transport regulations) or Chapter 1.4 ADR to the extent applicable and the Portuguese Traffic Code. The supplier shall be responsible for all losses incurred as
a result of non-compliance with the legal provisions.
1.10.
Driving Bans
In the case of delivery conditions in accordance with Incoterms 2000/Group D, the supplier shall
make sure that delivery of the goods is ensured even in the event that driving bans are imposed.
1.11.
Return Goods
Return transportation of goods for which the supplier is to blame will be organized by DAIMLER,
unless previously agreed otherwise in writing. The supplier bears the expense.
1.12.
Stock Taking on Integration into Stock
For deliveries at the point in time of stock taking in the DAIMLER / MFTE plants, all goods in the
possession of the mover (according to the last acceptance date announced by the plants) are inventoried by the supplier and insured against "loss of goods".
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2. Types of Shipping
2.1.
Package Shipments
In the case of "FCA (...specified location)" shipments and other delivery conditions in accordance
with Incoterms 2000/Groups E and F, all package shipments up to 32 kg must be transferred to
the package service defined and commissioned by DAIMLER.
2.2.
Truck Shipment
Within the framework of the performance of its services for DAIMLER, the supplier shall ensure that
only properly employed driving personnel is employed in accordance with all applicable laws and
regulations, including §§ 7b and c GüKG (German carriage of goods by road act) and the Portuguese Traffic Code to the extent applicable. DAIMLER / MFTE reserves the right to monitor and
document compliance with this obligation within the provisions of the law. The supplier shall indemnify DAIMLER against the claims of third parties arising from non-compliance with this obligation, so far as it is responsible for such non-compliance.
2.3.
Rail Shipment
Rail shipment is only permissible if this has been expressly requested by DAIMLER / MFTE and the
processing modalities have been agreed in writing in advance in individual cases.
3. Shipment Processing
3.1.
Notification
The due incoming goods deadlines listed in the DAIMLER / MFTE delivery call-offs apply to delivery
to the affected DAIMLER / MFTE plants within the regular goods acceptance times. The duration of
transportation from the supply plant to the mover must be taken into consideration in the notification time. The supplier is responsible for adherence to the arrival deadlines of the shipments at
DAIMLER / MFTE, and must therefore announce and provide the shipments to the mover for transportation within good time. The "planned quantity" of the current call-off must be notified to the
mover for transportation in writing by 16.00 hours on the day prior to provision.
Notifications after 16.00 hours and notification changes (+/- 500 kg or +/- 2 cbm per shipment)
necessitate a special tour number or other written coordination with the corresponding DAIMLER /
MFTE plant including assignment of the additional costs. If this is not the case, the goods are not
transferred. Additional costs caused by uncoordinated or deviating processing are borne by the
supplier. The declaration for shipment must contain the following information:
− Weight, number and type of containers and number of load meters (poss. disposable pallets,
crates, boxes and their stackability)
− Recipient plant/shipping address with precise specification of the unloading station(s)
− Arrival date/poss. arrival time
− Hazardous goods classification
− Customs status declaration (EU community goods yes/no)
− Agreed vehicle provision time at the supplier's premises
3.2.
Provision
On the shipping date, shipments must be provided for collection, ready for shipping, by 14.00 hours
at the latest. Collection of the shipments between 06.00 and 18.00 hours must be enabled. Provi-
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sion must be agreed between the mover and the supplier. If the shipments are not provided in good
time, the costs of any special measures which become necessary must be borne by the supplier.
3.3.
Shipping Order VDA 4922 / Waybill
Shipments may only be surrendered to the mover with a fully completed shipping order specified by
VDA 4922 or with a waybill. Details of the type and number of containers must be broken down by
unloading point. Shipping order forms can be ordered from the mover for a fee.
3.4.
Customs Documents
All documents and information relevant to customs, e.g. preference papers (EUR. 1, UZ Form A and
commercial invoice in triplicate), must be supplied to the mover.
3.5.
Goods Labels
All packages and containers (all individual containers/small containers/special containers in the
case of a container and the basic container) must be provided with a goods label with barcode
(code 39) in accordance with the relevant, valid version of VDA recommendation 4902. The field
contents and any possible deviations from the above mentioned VDA recommendation arise from
the EDI-manual11.
3.6.
Loading
Loading and dispatch must be performed without delay once the vehicle has been made available.
If the supplier carries out the loading, it must load the goods in such a way that they will be safe for
transportation and must follow the instructions of the shipping agent's drivers In respect of safe
loading. Refer to DAIMLER Guideline 9.512 for further details on securing loads in DAIMLER / MFTE
containers.
Under the prerequisites of timely loading which is safe for transportation purposes, unloading station-friendly sorting must be ensured.
When shipping partial loads which are not transferred at a shipping terminal (clarification of this
procedure immediately on notification of the shipment), the goods must be loaded separately on
the truck according to unloading zones.
Combinable package freight and part shipments for several sub-plants at one place of delivery are
to be dispatched centrally. Complete loads for several sub-plants at one place of delivery can be
dispatched via decentralized shipping points at any time.
3.7.
Processing Times
The delivery of empties must also be possible at the same time as collection. On provision of the
truck within the agreed time frame, the unloading of empties for the supplier and loading incl. administrative processing must be carried out within the following times:
− Package freight up to 2.5 t or up to 10 cbm
max.
30 minutes
− Partial loads up to 10 t or up to 40 cbm
max.
45 minutes
− Full shipments
max.
60 minutes
At the request of the mover, the supplier is obliged to confirm the start and end of vehicle provision
on a docket. Delayed processing plus inappropriate loading and waiting times lead to additional
costs and must be borne by the supplier.
11
12
See supplier portal under http://daimler.covisint.com
See Standard Information System (SIS) on the supplier portal under http://daimler.covisint.com
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3.8.
Verification of Delivery
If damage or deviations in the scope of delivery are determined by DAIMLER / MFTE on delivery,
DAIMLER / MFTE may demand that the supplier submit a written declaration, within 2 working
days, regarding undamaged and complete transfer of the delivery to the mover commissioned by
DAIMLER.
3.9.
Extra Tours
Unscheduled extra tours at short notice are usually organized by the supplier and processed via the
mover selected by DAIMLER in coordination with the supplier. Approval is issued by the Materials
Scheduling depts of the DAIMLER factories in agreement with the suppliers. DAIMLER / MFTE will
pass on the costs of extra tours to the responsible party.
3.10.
Production Supply
In the event goods are rejected or disturbances occur en route, the supplier must see to it that replacement deliveries to the receiving factory or the commissioned mover are possible at any time.
3.11.
Delivery Note
The following applies to the combination variants for EDI and delivery documents: Variant 1 must
be used. Variants 2 and 3 are only intended for emergency processing (failure EDI).
Version
Electronic Data Transmis- Delivery note
sion
1
EDI according to VDA EDI-delivery note according
4913
to VDA 4912
2
EDI according to VDA Delivery note according to DIN 4991
4913
3
Without
Delivery note according to DIN 4991 compulsory
Notes on delivery note creation according to DIN 4991 and on shipping processing can be found in
the EDI-manual.
A separate set of delivery notes must be created per unloading station, MDI or MEI and initial samples. Delivery note creation is carried out according to DIN 4991. Deviations must be noted in the
case of fields 6 and 8, which have to be completed as obligatory fields. Refer to the EDI-manual for
further details.
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Mercedes-Benz
Special Terms 33/07
September 2005
Logistics
Rules for Delivery via a Supplier Logistics Center (LLZ) by the Supplier to
DAIMLER
I. General
The Supplier Logistics Center (LLZ) is one of the standard supply processes used to supply DAIMLER 7 MFTE plants with production material. On use of an LLZ, the intention of both contracting
parties – DAIMLER / MFTE and the supplier - is to jointly reduce the logistical and process costs
and to optimize the entire logistical process. LLZ are being set up and operated with this end in
mind.
This should result in the following advantages for both partners:
− Disappearance/reduction of warehousing at the production site of the contractor
− Use of released storage space for new value-added processes
− Disappearance of operational handling stages and reduction of administration costs for
the contractor
− Reduction of pre-production costs/times at the supplier owing to optimum batch sizes
− Increase in production capacity at the supplier via the optimization of pre-production
time
− Optimization of stocks of materials within the process as a whole
− Flexible use of warehouse capacity of LLZ for optimum inventory management
− Greater availability of materials and minimization of special activities
− High level of transparency in the overall logistics process sequence.
DAIMLER / MFTE and the supplier agree the following provisions for use of such a Supplier Logistics Center, whereby a distinction is drawn between two different control models:
− Rules for delivery via a Supplier Logistics Center managed by DAIMLER / MFTE as warehouse
keeper (internal LLZ)
− Rules for delivery via a Supplier Logistics Center controlled by an external service provider as
warehouse keeper (hereinafter referred to as "ESP") (external LLZ).
Both control models allow for the physical location of the LLZ to be either at the DAIMLER / MFTE
plant or off-site.
The form of LLZ chosen is set down in detail in process descriptions (usually described as a Process
Handbook). This process description is provided to the supplier as part of integration.
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II. Rules for delivery via a Supplier Logistics Center managed by DAIMLER as warehouse
keeper (internal LLZ)
1. Subject Matter of the Agreement
1.1.
The supplier commissions DAIMLER / MFTE, as the warehouse keeper, to manage an LLZ.
DAIMLER / MFTE is entitled to use third parties in carrying out its commission. As regards
the goods removed from storage, this commission ends with removal of the goods from the
LLZ.
1.2.
Management of the LLZ as a supplier warehouse is carried out at the expense of the supplier.
2. Delivery of the Goods
2.1.
DAIMLER / MFTE will notify the supplier of the forecast requirement by means of the delivery call-off. The relevant, current delivery call-off (LAB) helps the supplier to plan production, and does not function as a binding order in terms of quantity and deadline. Based on
this information, the supplier takes the appropriate action to ensure that it delivers the
right quantity of goods to the LLZ at the right time to meet DAIMLER's / MFTE’s production
needs. The operating hours of the relevant LLZ must be taken into consideration in this
case.
2.2.
Minimum inventory ranges may be agreed between the supplier and DAIMLER / MFTE for
each item number. If this is the case, these will be jointly determined in such way that
DAIMLER is able to integrate the goods from the LLZ into the production process at precisely the right time and in precisely the right quantity.
2.3.
If no supplier stocks, from which a DAIMLER / MFTE production call-off can be supplied,
are available in the LLZ, a LLZ bottleneck call-off may be transmitted to the supplier.
The supplier undertakes to meet an LLZ bottleneck call-off order from DAIMLER / MFTE by
making a delivery to the LLZ within 8 hours. If this period cannot be adhered to due to the
distance between the supplier's production plant and the LLZ (e.g. overseas), and if the
supplier has announced this in good time, the parties may implement a deviating regulation.
The obligation to adhere to the above 8-hour period does not apply if the LLZ bottleneck
call-off deviates significantly from the required LAB quantity forecast up to this point in
time. The binding nature of the LLZ bottleneck call-off is otherwise unaffected.
If the supplier is unable to adhere to the agreed delivery route in order to meet this period,
it must bear the cost of any special transportation.
2.4.
Maximum delivery limits per item number and LLZ may be defined between the supplier
and DAIMLER / MFTE as warehouse keeper.
These should be jointly defined to enable the supplier to reduce its process costs. The limited capacities of the relevant LLZ must be taken into consideration in this regard. As the
LLZ warehouse keeper, DAIMLER / MFTE bears responsibility for achieving this, and has
the competence to do so. If no agreement is reached, DAIMLER / MFTE, as the warehouse
keeper, is entitled to set the maximum limit under consideration of the available warehouse
capacity. If no such limit has been set, a range of 20 working days applies.
If the maximum limits are exceeded, DAIMLER / MFTE, as the warehouse keeper, reserves
the right to return these deliveries or debit the corresponding, additional costs.
2.5.
Following prior consultation, the supplier empowers DAIMLER / MFTE to carry out quality
control checks on the supplier's goods located in the LLZ.
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2.6.
The supplier is entitled to examine goods from its LLZ stock during the usual operating
hours of the LLZ (e.g. quality and quantity) and to remove them from stock.
3. Services
3.1.
Acceptance of the goods and immediate execution of a check regarding quantity, identity,
externally visible defects, damage and loss by DAIMLER / MFTE as warehouse keeper.
On detection of defects, damage, short deliveries or loss, DAIMLER / MFTE, as the warehouse keeper, immediately clarifies the party at fault and informs the supplier and poss.
the shipping agent/carrier (if this was the party at fault) of the facts in writing.
The supplier is responsible for correct quantity/package data, the flawless condition of the
delivered goods and delivery in the prescribed containers. paragraph 4 of the "Conditions
of Purchase for Production Material and Spare Parts for Motor Vehicles" remains unaffected.
3.2.
Proper warehouse keeping, including stock management and ensuring adherence to "first
in - first out".
In addition – if commissioned to do so by the supplier (see paragraph 9.) - execution of
stock taking.
3.3.
The supplier authorizes DAIMLER / MFTE to remove its goods from the LLZ on the basis of
calls for production purposes. As a rule, this occurs in complete load carriers. Storage for
the supplier by DAIMLER as warehouse keeper ends on removal from storage (see Transfer
of Title, paragraph 4.).
3.4.
On removal from the LLZ, DAIMLER / MFTE as warehouse keeper creates a delivery note,
which is transmitted to the supplier via EDI. Based on this information, DAIMLER / MFTE
produces a credit note for the supplier or the supplier invoices DAIMLER / MFTE for the delivery made.
3.5.
DAIMLER as warehouse keeper informs the supplier each day of warehouse additions and
withdrawals, and the resulting stocks of the item number scope belonging to the supplier.
4. Passage of Risk and Transfer of Title
4.1.
If DAIMLER / MFTE is responsible for transportation, the risk is passed to DAIMLER / MFTE
in the relevant function in which DAIMLER / MFTE is engaged (transporter, warehouse
keeper, purchaser) on transfer to the transportation person.
4.2.
If the supplier is responsible for transportation, the risk is passed to DAIMLER / MFTE on
transfer to DAIMLER / MFTE as warehouse keeper.
4.3.
If goods are removed from the LLZ by the supplier or on behalf of the supplier, the risk for
these goods passes to the supplier at the time of removal.
The risk also passes to the supplier in the case of partial delivery quantities which exceed
the maximum limits defined under paragraph II.2.4.
4.4.
Notwithstanding the above provisions, retention of title occurs as per paragraph 14 of the
"Conditions of Purchase of Production Material and Spare Parts for Motor Vehicles".
5. Billing for LLZ Withdrawals
5.1.
The time of removal from the LLZ is authoritative for the issue of a credit note by DAIMLER
/ MFTE (if the credit note procedure is used) or the issue of an invoice (if invoices are issued by the supplier).
5.2.
The supplier can request DAIMLER / MFTE to reclassify as its own stock any forecast requirements still held in the LLZ at the end of an agreed period after the forecast delivery
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Page 35
date, and may demand payment for same. There will be no automatic reclassification. The
period of custody ends when the goods are reclassified. If no special arrangement has been
agreed, the period shall amount to eight weeks after the goods have fallen due for delivery.
6. Remuneration for Warehouse Management
6.1.
The supplier shall bear the LLZ management costs (e.g. storage areas, shelving, forklifts,
shelf-operating appliances, personnel, insurance costs). Remuneration for the LLZ management services is based on a fixed price per defined unit and is based on the applicable
price list. The prices include all LLZ services, from receipt to supply of the goods to DAIMLER / MFTE.
6.2.
In the event of a change to the price list, the cost implications of the changes will be discussed and agreed between DAIMLER / MFTE and the supplier.
6.3.
Charges are generally settled each month by means of a credit entry in the supplier account. The invoice also contains evidence of the incoming containers.
6.4.
If goods are brought by the supplier or on behalf of the supplier from the LLZ to the supplier's plant or another location, DAIMLER / MFTE is entitled to debit the additional handling costs and the percentage incoming freight costs incurred on delivery to the LLZ from
the supplier, if DAIMLER / MFTE had to bear these.
6.5.
The remuneration of individual services (e.g. additional stock taking) will be individually
agreed between DAIMLER / MFTE as warehouse keeper and the supplier.
7. Warranty, Liability, Insurance
7.1.
DAIMLER / MFTE as warehouse keeper guarantees proper execution of the above described storage services.
7.2.
For defects, loss and damage, which occur to the supplier's goods during work carried out
by DAIMLER / MFTE as warehouse keeper or in the event of non-adherence to the storage
obligations which are undertaken, DAIMLER / MFTE as warehouse keeper bears liability up
to the total value of the goods.
7.3.
DAIMLER / MFTE as warehouse keeper has taken out insurance to protect against elementary damage; this also covers the value of the supplier's goods in the LLZ. The supplier's
percentage insurance contributions are contained in the management costs.
8. Tax Provisions
The supplier is responsible for complying with provisions applying to taxation, in particular
VAT regulations, as well as provisions relating to trade statistics connected with the delivery of goods via its supplier store.
9. Inventory Taking
9.1.
The supplier must include goods in its inventory which are either in the course of being
transferred to the LLZ or have not yet been withdrawn from the warehouse. DAIMLER /
MFTE as warehouse keeper will provide stock taking data free of charge once per year.
More extensive stock taking activities are subject to a charge.
9.2.
MBST 28 applies to annual container stock taking.
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III. Rules for Delivery via a Supplier Logistics Center Managed by an External Service Provider
as Warehouse Keeper (external LLZ)
1. Subject Matter of the Agreement
1.1.
The supplier empowers DAIMLER / MFTE to commission external service providers (ESP)
as warehouse keepers, on behalf and at the expense of the supplier, to manage a LLZ and
to terminate this contractual relationship.
1.2.
The LLZ is managed as a supplier store by an external service provider on behalf of and for
the account of the supplier. As regards the goods removed from storage, this ESP commission ends with removal of the goods from the LLZ.
2. Delivery of Material
2.1.
DAIMLER / MFTE will notify the supplier of the forecast requirement by means of the purchase order. The relevant, current purchase order (LAB) helps the supplier to plan production, and does not function as a binding order in terms of quantity and deadline. Based on
this information, the supplier takes the appropriate action to ensure that it delivers the
right quantity of goods to the LLZ at the right time to meet DAIMLER's / MFTE’s production
needs. The operating hours of the relevant LLZ must be taken into consideration in this
case.
2.2.
Minimum inventory ranges may be agreed between the supplier and DAIMLER for each
item number. If this is the case, these will be jointly determined in such a way that DAIMLER / MFTE is able to integrate the goods from the LLZ into the production process at precisely the right time and in precisely the right quantity.
If no minimum inventory range has been agreed per part number, the minimum range shall
be three working days.
2.3.
If no supplier stocks, from which a DAIMLER / MFTE production purchase order can be
supplied, are available in the LLZ, a LLZ bottleneck purchase order may be transmitted to
the supplier.
The supplier undertakes to meet a LLZ bottleneck purchase order from DAIMLER by making
a delivery to the LLZ within 8 hours. If this period cannot be adhered to due to the distance
between the supplier's production plant and the LLZ (e.g. overseas), and if the supplier has
announced this in good time, the parties may implement a deviating regulation.
The obligation to adhere to the above 8-hour period does not apply if the LLZ bottleneck
purchase order deviates significantly from the required LAB quantity forecast up to this
point in time. The binding nature of the LLZ bottleneck call-off is otherwise unaffected.
If the supplier is unable to adhere to the agreed delivery route in order to meet this period,
it must bear the cost of any special transportation.
2.4.
Upper limits for delivery may be agreed between the supplier and the external service provider for each part number and LLZ. Express reference is made to the regulations contained in paragraph III.4.2.
2.5.
Following prior consultation, the supplier empowers DAIMLER / MFTE to carry out quality
control checks on the supplier's goods located in the LLZ.
2.6.
The supplier is entitled to examine goods from its LLZ stock during the usual operating
hours of the LLZ (e.g. quality and quantity) and to remove them from stock.
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Page 37
3. Services
3.1.
External service provider receives the goods and immediately checks the quantity, identity,
externally visible defects, damage and loss.
If defects, damage, incorrect deliveries or losses are detected, the external service provider
must inform the supplier and DAIMLER / MFTE in writing immediately. In these cases, the
supplier empowers DAIMLER / MFTE to determine the party responsible. This must be carried out immediately.
DAIMLER then immediately ascertains who is responsible and informs the supplier and the
shipping agent/carrier (if this party was responsible) of the facts in writing.
The supplier is responsible for correct quantity/package data, the flawless condition of the
delivered goods and delivery in the prescribed containers. paragraph 4 of the "Conditions
of Purchase for Production Material and Spare Parts for Motor Vehicles" remains unaffected.
3.2.
Proper warehouse keeping, including stock management and ensuring adherence to "first
in - first out".
In addition – if commissioned to do so by the supplier (see paragraph 9.) - execution of
stock taking.
3.3.
The supplier empowers DAIMLER / MFTE to withdraw its goods from the LLZ according to
DAIMLER / MFTE production purchase orders. As a rule, this occurs in complete load carriers. When the goods are removed, the ESP ceases to store them for the supplier (see
Transfer of Title, paragraph 4).
3.4.
When goods are withdrawn from the LLZ, the ESP produces a delivery note which is transmitted to DAIMLER and the supplier via EDI. Based on this information, DAIMLER / MFTE
produces a credit note for the supplier or the supplier invoices DAIMLER / MFTE for the delivery made.
3.5.
The ESP informs the supplier and DAIMLER, on a daily basis or according to a jointly agreed
rhythm, of additions to and withdrawals from stock, and of the resultant stocks of each item number of the goods belonging to the supplier.
3.6.
The precise scope of services to be borne by the supplier will be agreed in detail between
the supplier and the ESP. The ESP bills the supplier for these services directly.
4. Passage of Risk and Transfer of Title
4.1.
On delivery via an LLZ, the risk passes to DAIMLER / MFTE, as the purchaser, on withdrawal from the LLZ. DAIMLER has the right to claim compensation paid under this clause
from the external service provider.
4.2.
If DAIMLER/ MFTE is responsible for transportation, the transportation route risk is passed
to DAIMLER / MFTE on transfer to the transportation person. For LLZ management, DAIMLER / MFTE will conclude a corresponding agreement with the ESP, according to which the
ESP bears liability for the goods placed into storage, on behalf of the supplier as part of
commissioning according to paragraph III.1.1. If, in the event of damage, the supplier is unable to achieve full compensation for damages from the ESP within the framework of the
above agreement, DAIMLER / MFTE is additionally liable to the supplier to the value of the
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Page 38
damages not compensated by the ESP. However, this supplementary liability on the part of
DAIMLER / MFTE does not exist for goods whose risk has passed to the supplier according
to the following regulations.
− If the quantity of goods placed into storage in the LLZ by the supplier exceeds the
maximum delivery limit agreed according to paragraph III.2.4. between the supplier and
the ESP or, regardless of any such definition, a maximum range of 20 working days per
item number, the risk pertaining to the goods (delivered partial quantity) which exceed
one of these limits passes to the supplier.
− If goods are removed from the LLZ by the supplier or on behalf of the supplier, the risk
for these goods passes to the supplier at the time of removal.
4.3.
Notwithstanding the above provisions, transfer of title occurs as per paragraph 14 of the
"Conditions of Purchase of Production Material and Spare Parts for Motor Vehicles".
5. Billing for LLZ Withdrawals
5.1.
The time of removal from the LLZ is authoritative for the issue of a credit note by DAIMLER
(if the credit note procedure is used) or the issue of an invoice (if invoices are issued by the
supplier).
5.2.
The supplier can request DAIMLER / MFTE to reclassify as its own stock any forecast requirements still held in the LLZ at the end of an agreed period after the forecast delivery
date, and may demand payment for same. There will be no automatic reclassification. The
period of custody ends when the goods are reclassified. If no special arrangement has been
agreed, the period shall amount to eight weeks after the goods have fallen due for delivery.
6. Remuneration for Warehouse Management
6.1.
The supplier shall bear the LLZ management costs (e.g. storage areas, shelving, forklifts,
shelf-operating appliances, personnel, insurance costs). Remuneration for the LLZ management services is based on a fixed price per defined unit and is based on the applicable
price list. The prices include all LLZ services, from receipt to supply of the goods to DAIMLER.
6.2.
In the event of a change to the price list, the cost implications of the changes will be discussed and agreed between DAIMLER / MFTE and the supplier.
6.3.
The ESP generally issues invoices for its services on a monthly basis. The invoice also contains evidence of the incoming containers.
6.4.
If goods are brought by the supplier or on behalf of the supplier from the LLZ to the supplier's plant or another location, DAIMLER / MFTE is entitled to debit the percentage incoming freight costs incurred on delivery to the LLZ from the supplier, if DAIMLER / MFTE
had to bear these.
6.5.
Payment for additional services (e.g. additional stock taking) will be individually agreed between the ESP and the supplier.
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Page 39
7. Warranty, Liability, Insurance
Arrangements concerning warranty, liability and insurance are governed in the contract between ESP and supplier.
8. Tax Provisions
The supplier is responsible for complying with provisions applying to taxation, in particular VAT
regulations, as well as provisions relating to trade statistics connected with the delivery of
goods via its supplier store.
9. Inventory taking
9.1.
The supplier must include goods in its inventory which are either in the course of being
transferred to the LLZ or have not yet been withdrawn from the warehouse.
The supplier may, in its own name and for its own account, task the ESP to take the inventory.
9.2.
MBST 28 applies to annual container stock taking.
Annex:
(See supplier portal under http://daimler.covisint.com)
Annex 1
Directory of LLZ Contacts in the Plants
Annex 2
Price list for the internal supplier logistics center (Düsseldorf, Wörth, Vitoria,
Ludwigsfelde, Kassel, Mannheim, Gaggenau, EvoBus Ulm)
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Mercedes-Benz
Special Terms 35/12
September 2006
Logistics
Communication with DAIMLER via Electronic Data Transmission (EDI)
1. General Section
1.1.
Communication via EDI
To ensure a continuous, error-free and real-time flow of information, optimization of the exchange
of data required in connection with the delivery process is an important objective for the global
automotive industry.
Accordingly, EDI-messages in accordance with the message standards which have been developed
are transmitted in order to communicate with DAIMLER. Refer to Chapter 1, "EDI in the procurement process", of the EDI-manual1 for more detailed information. In the case of direct deliveries
from abroad, the following regulations must be coordinated in individual cases between the recipient plant and the supplier (e.g. regarding the message standard to be used).
In view of this, the supplier itself is obliged to create and use the prerequisites required for communication with DAIMLER via EDI. The costs arising in this respect are covered by the price paid by
DAIMLER for the deliveries.
Correspondence between the physical scope of the shipment, the content of the EDI-message and
the content of the documents accompanying the goods is vital to safeguard the logistical processes. In this regard, the supplier ensures that all of the necessary data and information are transmitted in full, in good time and without errors in the EDI-transmissions.
In the event of incorrect or incomplete data communication transmissions, the supplier must bear
the resulting costs, insofar as it has caused these. The level of the costs in this case is oriented
towards the prime costs incurred by DAIMLER for subsequent processing:
Basic handling charge per bill of charges
Amount per delivery note number recorded
Amount per delivery note item recorded
Amount per EDI error to be corrected
EUR
EUR
EUR
EUR
50.00
10.00
05.00
10.00
A breakdown of the costs will be made available by DAIMLER on request.
1.2.
Use of the Data Quality Management (DQM) System
To improve the quality of data during EDI-transmissions and therefore avoid costs incurring for reworking incomplete or incorrect data from the very start, DAIMLER provides its suppliers with an
Internet-based DQM system. This enables suppliers to independently check the completeness and
correctness of their data EDI-transmissions in advance. DAIMLER charges license costs, which are
oriented towards the data transmission volume and the error rate which is caused, for using the
DQM. The license costs are made transparent to DQM users by the DQM system.
Further information on the DQM system is contained in the EDI-manual.
1
See supplier portal under http://daimler.covisint.com.
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Page 41
1.3
Delivery Note Recording via the Internet as an Alternative to Standard-EDI
As an alternative to Standard-EDI, suppliers which do not use their own data communication software can create and transmit delivery note data free of charge in the DQM application via the "Delivery note recording" function.
The supplier portal enables suppliers to obtain information on the process and to launch the data
recording
application
in
the
DQM
system
(in
the
event
of
questions:
[email protected]).
2.
Additional Regulation for Transmitting Change Status Information and MTC Deliveries
Valid for the Passenger Car Plants of the Brands Mercedes-Benz and Maybach as well
as for the Berlin-Marienfelde, Ludwigsfelde and Düsseldorf Plants
In order to optimize the processing of design stage-critical scopes and to improve the quality of
logistical processes, a few additional, DAIMLER-specific formats are required for specifying design
and change statuses in the corresponding fields of VDA Recommendations 4913 and 4902. To
achieve this, record type 716, with all of the data elements described in the EDI-manual, must be
assigned to text field 1 for all parts, and the goods label according to VDA 4902 must additionally
be filled with the data elements described in the EDI-manual in accordance with MBST 29.
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Mercedes-Benz
Special Terms 01/09
September 2006
Product Development Process
Regulation Regarding the Provision, Testing and Exchange of CAD and Electrics/Electronics Data
1. General
DAIMLER usually develops component parts, systems/modules and complete functions together
with the supplier. Close communication and validation on the basis of a digital product description
is required to structure the development process in an efficient, reliable and binding manner. To
achieve this, continuous use of CAx tools such as Computer Aided Design (CAD), Engineering Data
Management (EDM) and electronic data transmission (EDI) and clear regulations for both parties
are necessary. In the development department, early digital validation particularly involves packaging (digital mock-up of a full vehicle), buildability, calculation, kinematics plus production planning
incl. production and ordering logistics. The after sales department uses the digital product description to support the spare part documentation process and the creation of images and workshop
literature.
2. Subject Matter
With regard to CAD data, the following stipulations regulate the CAx/EDM process, i.e. project
preparation, installation plus generation, testing and exchange; the scope to be provided by the
supplier as well as the EDI. With regard to E/E13 data the following stipulations regulate the EDI.
3. General
VDA recommendations VDA 4961/2, VDA 4950, VDA 4951 and VDA 4955 are therefore defined as
binding for processing communication and validation processes between the supplier and DAIMLER. The EDI-link must basically be used to exchange CAD and E/E data.
3.1.
Standard Regulation (Minimum CAx/EDI-Standard)
Based on the VDA recommendations, more precise, DAIMLER-specific terms and additions in the
CAD handbook for product-describing data from DAIMLER (CAD handbook)14 will be defined via the
relevant, current version.
The minimum CAx/EDI-standard (so-called "standard regulation") is defined in the CAD handbook,
module CS048. This standard regulation is binding as long as no other specifications are demanded
within the framework of component requirement specifications or in data exchange agreements. In
each case, the basis of such other regulations is the CAD handbook, which contains all relevant
methods and standards.
13
E/E data include software (e.g. hex, telematics files), software sources (ECU-Mem, Fladen) plus relevant delivery
notes and checksums (for hex file, ECU-Mem and Security Definition).
14
See under http://engineering.daimler.com, engineering service application, standards rubric.
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3.2.
Affected Scopes
3.2.1. Development:
All of the following are affected:
− New, process-relevant CAD data or E/E data which are to be created and modifications
to these.
− Parts integrated from defined predecessor projects plus standard parts and parts similar
to standard parts, but with reduced data structure and data quality requirements. The
affected predecessor projects are defined in the CAD handbook, module CV006.
3.2.2. After Sales:
All data for spare parts which have been defined in mutual coordination by the after sales
and development departments and the supplier are affected.
3.3.
Procedure in Case of Non-compliance
If certain elements of the standard regulation (e.g. data quality requirements, EDI-standards) are
not met or only partially met, this impacts directly on supplier evaluation. Information regarding the
affected elements and the CAx/PDM profiles are published in the engineering portal15.
If the CAD 3D and CAD 2D data provided by the supplier are not to meet the agreements or requirements, the recipient's department which is responsible for design or the department responsible for the process decides on the further procedure:
− Following consultation, generation of the missing scopes or reworking of CAD data by the
supplier or by a service provider commissioned by the latter at the expense of the supplier
− Following consultation, generation of the missing scopes or reworking of CAD data by a service provider commissioned by the DAIMLER at the expense of the supplier.
If DAIMLER incurs damages due to the fact that the supplier fails to meet its specified contractual
obligations, or fails to do so within good time, the supplier is liable to DAIMLER for resulting damages insofar as it is responsible for these.
3.4.
Reference Sources
The standard regulation refers to the necessary installation environment ("CATIA supplier packages
for V4 and V5", STEP Assembly Manager SAM). The "CATIA supplier package" is available as a free
download via the engineering portal.
15
See under http://engineering.daimler.com, engineering service application, CAx/EDM service rubric
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Mercedes-Benz
Special Terms 36/07
September 2006
Environmental Protection
Environmental Sustainability
1. General
DAIMLER implements integrated environmental protection, which deals with the causes, assesses
the environmental impact of production processes and products in advance and integrates these
into corporate decisions. Products and production processes are designed on holistic principles to
make them environmentally compatible and to use resources as sparingly as possible. This results
in the following, supplementary agreements and services to be performed:
2. Creation of Recycling and Disposal Concepts for the Products Supplied.
In connection with the EU End-of-life-vehicle Directive, the supplier is obliged to ensure the following:
− Creation and transfer of a component-related concept for drainage and pollutant removal.
− Fulfillment of marking standards for materials and components according to VDA 260 and MB
Standard 33035.
− Provision of a recycling concept for selected, supplied parts following coordination with DAIMLER.
− Highest possible level of plastic component recycling and use of renewable raw materials subject to coordination with DAIMLER.
3.
Confirmation of/Adherence to Substance Bans
Substances which are subject to legal restrictions or bans may only be contained in the materials
or parts which are supplied subject to these regulations (e.g. chemicals ban directive, EU End-oflife-vehicle Directive). The supplier must therefore ensure the following:
− Provision of material data in IMDS at the earliest possible point in time of component development in accordance with the relevant, currently applicable system and framework conditions.
Material data must also be entered in the IMDS for parts for which no sample inspection occurs.
− Confirmation of and adherence to the substance bans according to the EU End-of-life-vehicle
Directive (e.g. chrome (VI) freedom) in accordance with the agreed changeover scenarios.
− Adherence to the list of banned materials according to DBL 8585.
− Recommendations for a further reduction of interior emissions.
4. Holistic Auditing for Continuous Improvement of Products and Production
DAIMLER carries out environmental auditing on the basis of ISO 14040ff. in order to determine and
improve its overall environmental profile.
On request, the supplier shall therefore provide DAIMLER with information on the relevant products, materials and processes. DAIMLER assures suppliers that this information is kept strictly confidential and will only be used for the purpose of Life Cycle Assessment/ Engineering.
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The supplier shall also make every effort to obtain such information form its sub-suppliers (raw material and semi finished product manufacturers, energy suppliers, residue recyclers, etc.). Confidentiality will be treated as indicated above.
To guarantee a standardized, methodically validated flow of information, DAIMLER offers an introduction to the technique of holistic auditing in order to carry out joint analyses.
The data must be provided in the specified documentation format (VDA data collection format). The
period of time and data quality must be coordinated between DAIMLER and the supplier.
The "Environmentally-friendly product development" department (EP/QZU), under the management
of Mr. Bruno Stark, is available in the event of questions and problems.
Tel. : +49(0)70 31/90-4 29 80
Fax: +49 (0)7031/90-4 29 92
e-mail [email protected]
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