Mercedes-Benz Special Terms 2007
Mercedes-Benz Table of Contents Special Terms
September 2006
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 DC Products
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MBST 37/02 Regulations on the Payment of Setup Costs and Additional
Material Costs by DC
Quality
davis cup-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)
Logistics
-MBST 17/17 Delivery Call-off
-MBST 28/13 General Packaging Regulation and Handling of Containers
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-MBST 29/09 Shipment of Goods
-MBST 33/07 Rules for Delivery via a Supplier Logistics Center
(LLZ) by the Supplier to DC
grab-MBST 35/12 Communication with DC via Electronic Data Transmission (EDI)
catnapProduct 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 Introduction Special Terms
September 2006
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 process between DaimlerChrysler AG, hereinaf-ter referred to as "DC", and its suppliers.
In addition to DC's "Production material and spare part purchasing conditions for motor vehicles", the MBST form part of the contract and are parately mentioned in the purchasing contract be-sides the other stipulations.
2.Publication
The relevant, most recent version of the MBSTs is in principle published centrally on the DC sup-plier portal under 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 DC.
Internal duplication is permissible and required for individual departments within the supplier com-panies.
3.Communication
Communication between DC and the supplier takes place in German or English unless otherwi 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 DC, 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 corrup-tion crimes on the part of persons employed by the supplier or other third parties. In the event of violation of the above, DC has the right to immediately withdraw from or terminate all legal transac-ti
ons 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 itlf and the commercial relationship with DC.
DaimlerChrysler AG
Mercedes-Benz Purchasing Special Terms 31/08
September 2006
Tools for Series Production Part and Spare Part Delivery
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Tools under the terms of this MBST are original, forming and parating tools in accordance with the definitions of DIN 8580/8582/8588. No other production equipment is to be regarded as tools.
日语原来如此怎么说All regulations of this MBST are applied accordingly to tools at the premis of sub-suppliers or other third parties. The supplier is obliged to ensure that its sub-suppliers or third parties, at who premis the tools are located, behave in accordance with this MBST and grant DC the rights for-mulated in this MBST. This particularly applies to the identification of the tools as the property of DC.
In terms of all jigs, fixtures and gages, DC shall obtain ownership of all jigs, fixtures and gages and all subquent jigs, fixtures and gages by way of curity in order to ensure delivery. DC may only demand that jigs, fixtures and gages be surrendered in the event of an interruption in delivery. In this ca, DC is additionally entitled to reimbur the percentage of the jig, fixture and gage costs which has not yet been amortized to the supplier. Upon reimburment of the costs, DC 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 DC (DC-owned Tools) and tools which are not or do not become the property of DC (Non DC-owned Tools).
Regardless of ownership, the supplier must handle all tools and other production equipment with the degree of care necessary to guarantee that DC is properly supplied.
DC is entitled to check adherence to this MBST at the supplier's premis during its applicable hours of work and following prior coordination. The supplier will support DC in this, and will, in par-ticular, keep the documents pertaining to the tools ready for perusal.
2.DC-owned Tools
The following stipulations regulate the supplier's and DC's rights and duties regarding the u of tools which are the property of DC by the supplier.
2.1.Transfer of Tools
The supplier is authorized and obligated to u the tools within the framework of the supply con-tract concluded with DC concerning the part to be manufactured with the tools.
The supplier is prohibited from any deviating u of DC-owned Tools, particularly the production of parts to supply third parties or without DC's prior written connt the transfer of usage to third par-ties.
2.2.Servicing and Tool Maintenance
The supplier is responsible for the defect-free functional capability of the tools during their u in the contractual undertaking to supply DC. The supplier must ensure constant, defect-free functional readiness of the tools for the purpo of defect-free delivery to DC by means of continuous mainte-
nance and repair at its own expen. The maintenance and repairs shall, in particular, encompass all expenditure necessary for prerving the operating condition and removing all defects and dam-age and any modifications and deterioration as a result of using the tools.1 In turn, DC 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 DC's technical specifi-cations, the supplier must first of all submit a written offer to DC to modify the tools with the least possible expenditure.
Modifications to the tools may be carried out by the supplier only after DC has commissioned the supplier in writing. Any expenditure in excess of the specifications shall not be remunerated by DC.
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2.4.Identification and Stock Taking
The supplier must clearly and permanently identify tho tools which are the property of DC as the property of DC. During stock taking at the end of the year, the supplier shall transfer the necessary information on the tools in its posssion to DC.
In the event that the property of DC is endangered by means of enforcement measures, particularly attachment, izure or insolvency proceedings, the supplier shall inform DC thereof without undue delay. In any ca, the enforcement agency shall be informed without undue delay of DC's right of ownership. At the same time, the supplier shall forward copies of the enforcement documents to DC.
2.5.Liability
The supplier bears liability for all tool defects, damage, changes or deterioration2. The supplier is not held liable if the tool defects, damage, changes or deterioration are attributable to Acts of God.
The supplier must ensure that no personal injury or property damage is caud by the tools. It shall indemnify DC from and against such damage claims.
2.6.Duty of Return
At the end of delivery, the supplier shall esntially return the tools to DC 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 DC-owned Tools
Insofar as DC is not the owner of the tools, DC shall obtain ownership of the tools and subquent tools by way of curity in order to ensure delivery.
DC may only demand that tools be surrendered in the event of an interruption in delivery. In this ca, DC is additionally entitled to reimbur the percentage of the tool costs which has not yet been amortized to the supplier. In this ca, DC obtains unlimited ownership of the tools on reim-burment of the costs.
The supplier is obliged to scrap tools which it us or has ud to manufacture parts for DC only following prior written approval by DC. If DC does not approve scrapping, mutual regulation of the costs must be agreed.
1 If a yield volume has been agreed, this applies only to the agreed yield volume.
英译汉在线翻译
2 Liability for deterioration of the tools only applies to the agreed yield volume, if such yield volume has been agreed.
