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MBST 17/20

Delivery Call-off

MBST 28/16 General Packaging Regulation and Handling of Containers

MBST 29/14 Shipment of Goods

MBST 35/15 Communication with Daimler via Electronic Data Transmission (EDI)
and Supplier Portal

Logistics
MERCEDES-BENZ SPECIAL TERMS 17/20 | LOGISTICS PAGE 33

Delivery Call-off
1. General Section

1.1. The Delivery Call-off

The binding quantities to be delivered by the Partner and the delivery dates are set out in the
individual Daimler delivery call-offs. The delivery call-off is created by Daimler for each object
number1 and sent to the Partner by way of RDT (remote data transmission). The transmission is
carried out by Daimler in a valid standard format. The formats available for selection conform
to generally applicable standards and may contain minor deviations owing to Daimler’s internal
organizational processes. Should a certain standard format be necessary due to procedural
deliverables, the same must be specified and utilized by Daimler.

Upon the request of the Partner, in exceptional cases and with the explicit consent of Daimler,
delivery call-offs may be transmitted by EDI (electronic data interchange) web, e-mail or fax
instead of RDT.

Daimler can send the delivery call-offs directly to the Partner’s production plants upon any
such request by the Partner; in such cases, the Partner shoulders the responsibility of proper
fulfillment of the delivery call-offs.

The released quantity in the delivery call-offs is assigned to exact delivery days over a short-
term period (up to 4 months). The delivery days are defined as arrival dates [i.e. sameday delivery]
(goods receiving section at Daimler) and must be adhered to by the Partner.

The respective delivery must always be made on the basis of the last transmission, i.e. on the
basis of the latest delivery call-off.

1.2. Purchase Commitment

In the event of full or partial cancellation of delivery call-off quantities by Daimler, the purchase
commitment specifies periods for which Daimler is obligated to accept parts or feed stock.
Daimler is obligated to accept parts and feed stock as follows:

Daimler’s purchase commitment results from each delivery call-off per object number from the
fields “Production release” and “Material release”. The period of production release regulates
the released quantity, for which Daimler is obligated to accept parts produced. The material re-
lease period governs the released quantity for which Daimler is obligated to accept feed stock.

The period of production release or material release always begins on the date the delivery call-
off is created and applies with daily progression for the stated period as long as no new delivery
call-off is issued.

The materials/parts used at Daimler are well-defined according to object numbers/groups.


1

The explanations and design/structure of this are documented in the “Manual of Daimler Object
Numbers” in the Daimler Supplier Portal at http://supplier.daimler.com.
MERCEDES-BENZ SPECIAL TERMS 17/20 | LOGISTICS PAGE 34

The production and material release periods in the business areas Mercedes-Benz Cars and
Mercedes-Benz Vans are “1 + 2” months: The production release refers to a period of one month,
the material release to a period of two months. In the business areas Daimler Trucks and Daimler
Buses, the rule of “2 + 2” months applies: The production release and the material release each
refer to a period of two months.

There may be different regulations in case of special range of parts.

There is no purchase commitment for quantities outside the production and material release
period.

1.3. Communication with Daimler regarding the delivery call-off

The released quantities and delivery dates specified by Daimler in the delivery call-offs must be
adhered to by the Partner. Confirmation of the delivery call-offs by the Partner is not necessary.

If delivery quantities and/or delivery data cannot be fulfilled or complied with by the Partner,
the Partner is obligated to communicate this in the SMB (Supplier Management Base) – module
BBM (Demand and inventory management) to Daimler for approval by means of corresponding
entries. In such cases, the Partner must enter concrete delivery quantities and delivery data
with arrival times (time of the day) in the BBM.

If necessary, the Partner will also immediately contact and coordinate with the responsible
material scheduler (Materialdisponenten) at Daimler.

In addition, the Partner undertakes to enter his capacity specifications in the SMB – module BKM
(Demand and capacity management). The technically possible output quantity using a normal
shift model (normal capacity), the output quantity using a maximum shift model (maximum capacity)
and the current delivery capacity of the respective object numbers or part families must be
entered in the BKM for a specific period of time.

Changes to capacity specifications are to be mapped promptly, plausibly and completely by the
Partner.

The Partner must ensure the production capacities of its suppliers. To secure the feed stock
demand, the Partner shall inform its suppliers of the necessary requirements.

2. Pick-Up-Sheet

2.1. Pick-Up-Sheet as supplementary delivery call-off type

The pick-up sheet (PUS) can be used as a supplementary delivery call-off type. The delivery
call-off is used by the PUS as a framework delivery call-off for purposes of preview and capacity
planning; the purchase commitment is also based on the delivery call-off (cf. No. 1.1).

Upon receipt of the PUS, the shipment/delivery control is transferred from the delivery call-off
to the PUS. The specification of the pick-up day is an essential feature in the pick-up sheet
process. The Partner must make the materials/parts available well in time to be collected on
the pick-up day.

The PUS is transmitted in the standard format VDA 4985. Alternatively, and only with the prior
consent of Daimler, the PUS can be made available by Daimler on the IBL platform (Inbound
Logistics) in exceptional cases.
MERCEDES-BENZ SPECIAL TERMS 17/20 | LOGISTICS PAGE 35

2.2. Communication with Daimler regarding the Pick-Up-Sheet

If release quantities cannot be fulfilled in the pick-up sheet process on the respective pick-up day,
the Partner must create a special pick-up sheet (SPUS) for the delta quantity. The system auto-
matically forwards the information from PUS and SPUS to the SMB-BBM platform and displays it
there (see also No. 1.3.). The regulations on delivery call-offs in No. 1.1. apply accordingly.

Over-deliveries are not possible in the pick-up sheet process.


Further details are described in the “Guideline for Pick-Up-Sheet Suppliers of Daimler AG2”.

2
The guide can be downloaded from the Daimler Supplier Portal at http://supplier.daimler.com
MERCEDES-BENZ SPECIAL TERMS 28/16 | LOGISTICS PAGE 36

General Packaging Regulation


and Handling of Containers
1. General Regulations

Daimler uses reusable packaging known as pool or special containers in the delivery of parts
by Partners. Information on container management processes is exchanged between Daimler
and its Partners exclusively via the internet application “electronic Container Management”
(eCon), which is available on the Daimler Supplier Portal (https://supplier.daimler.com). The
claim process in case of logistical failure of the Partner takes place via the application REKLA
which is also available on the Daimler Supplier Portal.

2. Handling of Containers

When using the containers required for parts deliveries, the Partner will comply with the regu-
lations of the Process Manual European Container Management. If, in addition, specific packag-
ing requirements necessitate deviations from the regulations of the process manual, a jointly
coordinated solution must be agreed between the affected Partners:

» f or 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 raw materials and supplies with the respective buyer.

If several plants are affected by the exception, the Partner undertakes coordination for all of
the affected recipient plants.

2.1. Member Plants in the European Daimler Container Pool

The Partner may only supply those plants affiliated to the European Daimler container pool
(see eCon for current listing) with containers made available by the European Daimler container
pool. In the event that non-affiliated plants or companies are supplied, any resulting loss of
containers will be invoiced to the Partner (see also Section 2.10).

2.2. Packaging Definition

The packaging is defined by the recipient plant’s responsible packaging planner in coordination
with the packaging planner of the Partner authorized in eCon. The packaging data sheets are
available in eCon. Different packaging can be defined for identical parts. Deviating packaging
may only be used in exceptions and in coordination with the recipient plant’s responsible
packaging planner.

If the Partner fails to adhere to the defined container, Daimler reserves the right to invoice the
Partner for the additional costs which are incurred by the recipient plant (e.g. repackaging
costs and administrative expenses, see also Section 3.).
MERCEDES-BENZ SPECIAL TERMS 28/16 | LOGISTICS PAGE 37

2.3. Requirement Planning and Requirement Determination

In the case of pool containers, a supply requirement determination is performed by Daimler for
each container type. The major influencing variables thereby are the current packaging plans,
parts requirements filling capacities and the container circulation factors.

In the case of special containers, requirement determination is carried out jointly by the Partner
and the recipient plant based on the planned production figures, the container filling capacities
and the container circulation factors.

The supplier circulation factor forms the basis for the Partner’s supply with containers.

By default, the Partner receives a base range of 5 workdays from Daimler for all container
types. For specific delivery types (e.g. JIS, JIT), the base range is reduced. Upon consultation,
additional container volumes to the base range can be agreed which, however, should only
exceed 10 workdays in justified exceptions. Such additional container volumes can only be
provided if containers are available.

The range for pool containers has to be aligned with the central container management at
Daimler. In exceptional cases, Daimler is entitled to temporarily reduce the additional container
volumes granted for pool containers by a maximum of 2 days, but not more than down to the
base range of 5 workdays. This reduction takes place after prior coordination with the Partner.

Additional volume requirements for special containers as well as plant-specific additional


volume requirements for pool containers (e.g. stock subject to time limit) are to be coordinated
with the recipient plant.

The responsible container planner must be informed of changes to the form of delivery and
relocations immediately when these become known.

2.4. Procurement of Containers Built to Daimler Designs

Containers according to Daimler designs are usually procured by Daimler or an affiliated company
of Daimler according to § 15 AktG. The containers procured by Daimler or by an affiliated
company of Daimler according to § 15 AktG are the property of the procuring entity respectively.
Containers built to Daimler designs as well as copies of Daimler designs must not be procured
and/or brought into circulation by the Partner. If such containers are still brought into circulation,
they may be separated out or – provided a clear allocation is possible – be returned at the
expense of the culpable Partner.

2.5. Procurement of Multi-manufacturer Designs (e.g. VDA Containers, EWPS)

As a rule, VDA containers are procured by Daimler or an affiliated company of Daimler according
to § 15 AktG. Additional container volumes can be requested from the central container
management at Daimler or procured by Partners themselves. All parties involved are responsible
for the functional capability of the container pool.

Multi-manufacturer special containers (e.g. EWPS) are generally procured by the Partner.
In this case, the Partner bears the corresponding responsibility (replacement, repairs etc.).
The Partner is obliged to identify these containers with an official Daimler container number
and manage them under this number. The Daimler container number must be requested
from the responsible container planner.
MERCEDES-BENZ SPECIAL TERMS 28/16 | LOGISTICS PAGE 38

2.6. Supplier Designs

The Partner may design and procure special containers subject to its own responsibility follow-
ing prior coordination with Daimler. The Partner is obliged to identify these special containers
with an official Daimler container number and manage them under this number. The Daimler
container number must be requested from the responsible container planner. The Partner is the
owner and bears corresponding responsibility (repair, provision on schedule and as required).

2.7. Usage Charge

If containers are provided by Daimler, Daimler will collect a usage charge for use of the con-
tainers by the Partner. If the containers are provided by the Partner, no invoicing by Daimler is
carried out.

The usage charge distinguishes between a stock-oriented and a requirement-oriented rental


system.

In case of pool containers, invoicing is performed centrally by means of a stock-oriented rental


process. The containers of relevance to the rental system and their rental prices per calendar
day are stored in eCon. Daimler creates quarterly rental bills and provides the annexes to the
rental bills in eCon.

In case of special containers, invoicing is performed centrally by means of a requirement-


oriented rental process. The containers of relevance to the rental system and their rental pric-
es per calendar day are stored in eCon per supplier location. Daimler creates quarterly rental
bills and provides the annexes to the rental bills in eCon.

The significant characteristics of these two processes are described in the Process Manual
European Container Management. In individual cases, special agreements can be made with
the Partner on the use of special containers for individual plants.

2.8. Control of Supplies

The supply of empties is performed actively by the Daimler respective plant or by an empties
shipping plant located at an optimized distance, based on account management and require-
ment planning. If Daimler is the freight payer for parts deliveries, Daimler will also assume the
freight costs for the delivery of empties. If the Partner is the freight payer for parts deliveries,
the costs for the delivery of empties will also be borne by the Partner.

To optimize freight and handling costs, empties are generally delivered in complete containers
and transport units.

The Partners shall support steering by constantly checking the stock of empties and booked
stocks. In the event of imminent container bottlenecks, the plants’ empties dispatch depart-
ments shall be informed in good time with due regard to the empties provision time. The Partner’s
obligation to deliver remains in force without limitation even in the event of empties bottlenecks.
Unless otherwise agreed, the Partner 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.
MERCEDES-BENZ SPECIAL TERMS 28/16 | LOGISTICS PAGE 39

2.9. Account Management

Accounts for pool containers are managed centrally. Accounts for special containers are
either managed by the plant or are not subject to account management. Accounts for Daimler
containers are managed by Daimler. The data quality of delivery notes and shipping documents
directly influences needs-driven container supply and the level of the usage charge.

For centrally account managed containers, Daimler creates monthly container account state-
ments and makes these available to the Partner for checking in eCon. These form the basis for
clarification of discrepancies as well as for rental price invoices concerning pool containers.

The deadline for objections is 6 weeks after the publication of the account statements in eCon.
If the Partner does not enter any complaint in eCon within these 6 weeks, the published balances
are considered as accepted by the Partner. Daimler reserves the right to invoice the Partner
for expenses resulting from processing unwarranted complaints (see Section 3.). Complaints
of a large number of documents, which are in majority rejected on a case-by-case review, are
deemed unjustified.

Daimler reserves the right to compare the Partner’s container volume requirements with booked
stocks. If excess stocks are detected in the process, they can be claimed back from the Part-
ner. If the containers are not returned, Daimler is entitled to procure replacements and invoice
the Partner for the replacement at standard prices.

2.10. Inventory/Stock Taking

For all pool containers and defined special containers with accounts managed by the plants,
the Partner shall perform an inventory annually by December 31. The Partner must record the
counting results in an electronic stock taking list in eCon. The Partner is responsible for the
correctness of the transferred counting results.

In exceptional cases (e.g. in the event of container supply bottlenecks) additional stock taking
during the year may be necessary.

Daimler reserves the right to validate the transferred stock taking results by means of an on-
site audit. The Partner ensures free access to Daimler containers to authorized inspectors and
supports them during the inventory.

If stock discrepancies are detected, Daimler will procure replacements, which will be invoiced
to the Partner unless the Partner is not culpable. If during the clearing process the Partner
subsequently corrects its original inventory report and Daimler has already procured the reported
quantity of missing containers, the Partner shall recompense 10 % of the reprocurement value.

Daimler will collect a processing fee for the processing of stock discrepancies.

Should the partner fail to comply with its obligations to count the container stocks and report
these figures to Daimler in good time the despite repeated notifications and reminders, a total
loss of the containers is assumed. Daimler is entitled to procure replacements and invoice
them to the Partner at the standard prices. The charges levied cannot be offset in inventory
reports in subsequent years.

3. Logistical Failure of the Partner

Daimler reserves the right to complain about logistical failures of the Partner via the REKLA
module on the IBL platform and to charge any additional expenses incurred. These include,
in particular, deviations from the packaging agreement in the goods receipt process (see also
MBST 35 Section 4).
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 40

Shipment of Goods
1. General

The following provisions apply to the shipment of goods, including the requirements pertaining
to the creation of delivery notes and goods labels as well as other documents.

1.1. Declaration of Origin of Goods (in Terms of Commercial Laws)

The Partner must indicate the non-preferential origin (commercial law) in accordance with Art.
59 et seq. of Regulation (EU) Nr. 952/2447 in the respectively valid version.

1.2. Declaration of the Preferential Origin of Goods

If the Partner’s place of business and/or production plant is located in the European Union, in
accordance with the valid regulations concerning the preferential origin of goods, the Partner
must issue a declaration pursuant to Art. 61 – 66 Implementing Regulation (EU) Nr. 2015/2447
in the respectively valid version (individual or long-term declaration). In this case, the indication
of commercial origin must be taken together with the issuing of the (long-term) supplier decla-
ration on the preferential origin. As a general principle, with the order or – in the case of an
ongoing business relationship – annually, the Partner shall receive the following from Daimler:

a) a request for the submission of a (long-term) supplier declaration including a description of


the binding procedural approach to be observed, or
b) a corresponding letter with the (long-term) supplier declaration form to be used.

The Partner shall submit the signed (long-term) supplier declaration to Daimler within a period
of four weeks following the receipt of the request/letter, but not later than the time of delivery.

As a general rule, each (long-term) supplier declaration must be signed by hand. The responsible
individuals must be identified by name and their position in the company must be disclosed.
In the event of electronic preparation, a handwritten signature can be omitted. In such a case,
Daimler must be provided with a written declaration of commitment at the latest with the
transmission of the first declaration (see also Art. 63 Section 3 DVO (EU) 2015/2447). The
declaration of commitment must be sent to Daimler (DGS-Berlin GmbH, HPC HC 23 10875
Berlin Germany or via Mail to: mbox-495-dgsb-lieferantenerklaerungen@daimler.com). The
Partner is obliged to use only the form sent by Daimler.

The Partner must notify Daimler (DSG-Berlin GmbH, HPC HC 23 10875 Berlin Germany or via
Mail to: mbox-495-dgsb-lieferantenerklaerungen@daimler.com) without delay if the disclosures
provided in connection with a (long term) supplier declaration no longer apply. The Partner
needs to issue a (long-term) supplier declaration even if it is certified herewith that the delivered
goods do not have a preferential EU origin within the scope of the respective agreement. It is
then presented on the basis of a price breakdown in the form of the LOP (long term supplier
declaration for goods without preferential origin status) indication of “parts number”, “parts
declaration”, HS position and value of non-originating materials used to identify what proportion
of the product is non-originating, so that it can be determined to what extent – in compliance
with the list rules – the allowable threshold has been exceeded. This procedure allows Daimler to
take into account the preferential EU origin as part of its own calculation process. Accordingly,
a (long-term) supplier declaration must be submitted for each delivered product, irrespective
of its actual origin.

In addition, the Partner must also notify Daimler (DSG-Berlin GmbH, HPC HC 23 10875 Berlin
Germany or via Mail to: mbox-495-dgsb-lieferantenerklaerungen@daimler.com) without delay if
it turns out that declarations issued in the past concerning the preferential and non-preferential
origin of goods (supplier declaration/long term supplier declaration/movement certificate/
declaration on the invoice) were issued wrongly.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 41

If the Partner’s place of business and/or production plant is located in a country with which an
EU free trade agreement is in existence, the Partner shall issue documentary proof of preference
(movement certificate/declaration of origin on the invoice) for each delivery. The provisions of
the respective free trade agreements must be observed.

In the run-up to the conclusion of an agreement on a serial delivery, Daimler requests a so-called
“Tender Supplier Declaration” from potential Partners. He hereby declares, in case of a serial
delivery, EU-origin goods with corresponding proof of origin in accordance with Regulation (EU)
No. 2015/2447 within the meaning of the preferential agreements concluded by the EU, will
be supplied. This declaration serves as a basis for Daimler to make forecasts of the preferential
originating status of the goods manufactured using these materials and, at the same time,
provides the basis for awarding the serial delivery order.

For the declaration to be submitted, the “Tender Supplier Declaration” is requested from the
Partner in the context of the previous series together with a corresponding letter and a form
specification. The “Tender Supplier Declaration” expressly does not constitute a (long-term)
supplier declaration within the meaning of Regulation (EU) No. 2015/2447.

1.3. Notification Obligations for Goods Subject to Export Control

The Partner is obligated to notify Daimler if the goods supplied (including software and tech-
nology) are recorded in export control lists of goods required under German, EU or US Export
Control Law and the national export control law of the goods’ country of origin (e.g. Common
Military List, Annex I of the EU Dual-Use Regulation 428/2009, US Commerce Control List).
If the supplied goods represent “US goods”1 as defined in US Export Control Law (= items
subject to the EAR or subject to the ITAR), the Partner must notify Daimler accordingly. If the
supplied goods contain US portions, the Partner is also obligated to declare the total value
(standard purchase price or current market price) of the US portion and the applicable export
control classification (ECCN XXXXX or EAR99), if this information is available to the Partner.
For the fulfillment of the aforementioned notification obligations, the Partner must report the
relevant export list numbers (e.g. item number on the German export control list and/or Annex I
of the EU Dual Use Regulation 428/2009, Export Control Classification Number [ECCN], U.S.
Munitions List [USML] etc.) and, where applicable, the value of the corresponding portion of
US goods contained in the respective goods item with disclosure of the Daimler part number
(if available) to the Daimler Central Export Control Department (mail to: mbox-096-exportkontrolle@
daimler.com).

Moreover, the Partner is obligated to inform Daimler without delay of all changes in connection
with data of delivered goods that is relevant for purposes of export control. Any questions in this
regard must be addressed to the above mentioned email address.

US goods = all goods produced in the USA as well as all goods produced outside in the USA with a US value
1

share of > 10 %; all goods produced on the basis of controlled US technology; all military US goods (ITAR),
even when they are incorporated in civilian goods.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 42

1.4. Deliveries in Accordance with Incoterms 2020/Groups E and F

In case of deliveries “FCA (...specified location)” or other terms of delivery in accordance with
Incoterms 2020/Groups E (EXW) and F (FCA, FAS or FOB), the Partner shall only transfer the
goods to the freight forwarder commissioned by Daimler (see Section 1.17). Intermediate use of
a shipping company by the Partner is not permitted. If, contrary to the agreed terms of delivery,
the Partner delivers the goods to Daimler itself, the Partner bears the freight costs and risk up
to the takeover by Daimler.

1.5. Deliveries in Accordance with Incoterms 2020/Group D (DAT, DAP or DDP)

If the Partner commissions the freight forwarder, the freight forwarder to be commissioned
and the vehicle configuration to be used must be coordinated with the transport logistics or
incoming goods department of the receiving plant of Daimler.

1.6. General customs duties

In case of deliveries of goods requiring customs treatment, the delivery note or the invoice shall
include all customs relevant information and payments according to the applicable Incoterms
2020 (e.g. place of delivery, freight and insurance costs).

All costs not directly related to the goods shall be itemized separately on the delivery note or
the invoice (e.g. costs for construction and training in case of supplies of machines and tools).
In the case of deliveries which are not part of a sale of goods transaction, e.g. deliveries made
free of charge, leasing or rent of goods, a pro-forma invoice declaring the commercial value
of the goods is still required. In the case of deliveries made free of charge the pro-forma invoice
shall state the reason why the delivery is made free of charge (e.g. sample deliveries or returning
goods etc.).

Unless otherwise agreed, the Partner shall be responsible for the compliant export of the goods
from his customs territory, which includes the fulfillment of all applicable obligations imposed
on the Partner as exporter (Exporter of Record) by law. Unless otherwise agreed, Daimler
shall be responsible for the compliant import of the goods in the country of destination, which
includes the fulfillment of all applicable obligations imposed on Daimler as importer (Importer
of Record) by law. If the Partner assumes responsibility for customs clearance in connection
with the import of goods in the country of destination without Daimler’s prior explicit approval
in written form, the Partner shall bear all customs duties and other import charges, fees and
costs in connection with such import, which incur for Daimler due to the possible loss of ad-
vantageous customs procedures (e.g. customs procedures of commercial relevance, customs
warehousing, Customs Free Zones etc.).

The Partner shall provide or make available upon Daimler’s request all documents, certificates
or the like, which are necessary for the import of the goods by Daimler (e.g. preferential and
non-preferential origin certificates, conformity certificates etc.).

If the Partner supplies goods from a customs territory, with which the country of destination
has concluded a free trade agreement/preferential agreement (FTA), the Partner shall provide
the certificate of origin/preference declaration for such goods required by the relevant FTA to
Daimler, provided the goods meet the applicable Local Content criteria.

Commercial benefits from special customs procedures (e.g. inward processing), which have
been implemented by the Partner, shall be transferred to Daimler via parts price.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 43

1.7. Scheduled Goods

Scheduled goods are all timed and/or dated shipments which are scheduled outside the regular
shipping runs. In this case the Partner must coordinate the shipment type with transport
logistics of the receiving plant and the order planning department. This must be recorded in
written form.

1.8. Shipping/Transport Sequence Disturbances

Any disturbances in the specified sequence, including disturbances caused by second tier
suppliers, must be immediately reported by the Partner both to the freight forwarder and to the
responsible order planning department of the relevant Daimler plant, orally or in written form
with exact disclosure of the reason and type of the disturbance. Disturbances must be promptly
remedied. If there is a disruption to the previously advised transportation, any resulting costs
to freight forwarder must be borne by the Partner.

1.9. Excess/Advance Deliveries

The Partner is only authorized to make 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 Partner transfers the goods to a freight forwarder or carrier etc. commissioned
by Daimler, the Partner bears the risk up to transfer in the Daimler recipient plant. Logistical
costs for warehousing or return of unauthorized excess/advance deliveries are borne by the
Partner.

The required quantities called-off in accordance with MBST 17 and delivery dates must be
observed by the Partner.

If, contrary to these agreements, required quantities and delivery dates are not complied with,
Daimler can charge proven resulting costs (e.g. additional work, rental cars) to the Partner in
accordance with statutory provisions.

1.10. Weight Determination

The Partner is responsible for proper determination of the gross weight and tare weight of
the shipment. In the event that Daimler commissions the Partner via pick-up sheet, the Partner
is, without undue delay, obliged to inform Daimler about weight differences concerning the
self-determined weight and the weight set by Daimler. If weights are improperly stated, Daimler
passes on the added freight charges, plus processing fee, to the Partner.

1.11. Information Obligation

Planned changes to the shipping or receiving location, e.g. due to the relocation of production
to a different plant of the Partner or the establishment of a shipping warehouse in a different
location, must be reported to materials purchasing department and the responsible material
manager. In cooperation with the plants involved, an economic viability analysis will be created,
the results of which might have an impact on pricing for parts. A physical change of the loca-
tion may only take place after a corresponding amendment to purchase agreement and the
associated approval of Daimler. In this case the Partner needs to request for issuing a separate
supplier number or adding an index to the existing supplier number. If a location change is
effected without Daimler’s approval, the Partner shall bear all arising costs and damages.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 44

1.12. Shipment of Hazardous Goods

In the context of the agreed services that are assumed by the Partner, activities relevant to
hazardous goods as per section 2 of German Hazardous Goods Transportation Act (GGBefG)
(packaging, loading, transportation, unloading, receiving, classifying dangerous goods and
waste…) may be necessary.

The Partner is obligated to submit the shipment for forwarding in accordance with the regulations
governing the transport of hazardous goods. The Partner’s assigned duties and responsibilities
as commissioner of the sender, sender, packer, shipper, filler, unloader, and recipient arise from
sections 17-30 and 35 of the German Regulation Concerning the Transport of Dangerous Goods
by Road, Rail and Inland Waterways (GGVSEB) in conjunction with Section 1.4 ADR/RID/ADN,
from sections 17-26 Transport of Dangerous Goods by Sea Ordinance (GGVSee) in conjunction
with section 1.3 IMDG Code and/or as per ICAO-TI/IATA-DGR. The Partner shall be responsible
for all damages incurred as a result of non-compliance with the legal provisions.

1.13. Driving Bans

In the event Daimler commissions the Partner via pick-up sheet and in the event that statutory
driving bans or driving bans by the authorities are imposed on the pick-up date mentioned in
the pick-up sheet, the Partner shall inform Daimler without undue delay. In the event Daimler
does not commission the Partner via pick-up sheet, for all delivery terms in accordance with In-
coterms 2020, the Partner shall make sure that delivery of the goods is ensured by the delivery
date specified in the call-off even in the event that driving bans are imposed.

1.14. Return Goods

Return shipment of goods arising through the fault of the Partner will be organized by Daimler.
Daimler will calculate and charge the arising additional costs in accordance with the principle
of causation.

1.15. Stock Taking on Integration into Stock

In the event of a delivery in accordance with group D of Incoterms 2020, with respect to deliveries
which are made at the time of stock taking in the Daimler plants, all goods in the possession
of the freight forwarder (after the last acceptance day announced by the plants) will be invento-
ried by the Partner and insured against “loss of goods”.

1.16. Daimler Supplier Portal

All other transport-related information such as transit times or the freight forwarders commis-
sioned by Daimler can be viewed in the Daimler Supplier Portal at http://supplier.daimler.com
in the download area under the tab “Worldwide Transportation”. The documents provided there
must be reviewed by the Partner on a regular basis for any changes.

1.17. Production Supply

In the event of complaints about the goods or disruptions during the shipping, the Partner must
ensure that replacement deliveries for the receiving plant and the commissioned freight forwarder
are possible at all times.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 45

1.18. Security in the Supply Chain

For securing the supply chain, the business Partner is obligated to provide protection from
third party access for goods which are produced, on stock, handled and processed by order of
Daimler, are delivered to Daimler, or are taken over from Daimler
» in secure operating facilities and secure trans-shipment locations
» during the production, warehousing, handling or processing, loading and forwarding of the
goods.

The business Partner warrants that the personnel assigned for the production, warehousing,
handling or processing, and loading of the goods, as well as for the forwarding and takeover of
said goods, is reliable.

Subcontractors of the business Partner of Daimler who are acting on its behalf must be informed
that they also have to implement measures to secure the supply chain.

2. Modes of Transport and Shipping Methods

The mode of transport and shipping method to be used are generally defined by Daimler in case
F-Incoterms (FCA, FAS or FOB) are agreed in the specific delivery contract. In this context, a
distinction is made between the following:

2.1. Parcel Shipment

All parcel shipments with a weight up to 32 kg must be handed over to the parcel service defined
and commissioned by Daimler. The service level “Standard” must be selected. Ordering of a
higher service level (“Express”) is only possible with the prior written consent of transport
logistics of the receiving plant and the order planning department. Additional costs resulting
from an unapproved order must be borne by the Partner.

Hazardous goods shipments must not be sent as parcel shipments and must be handed over to
the responsible regional freight forwarder.

Further information on the shipping processing is provided in the shipping instruction for parcel
shipments in the Daimler Supplier Portal (see Section 1.16) and must be observed in a binding
manner.

2.2. Truck Shipment

A distinction is made between two truck shipping concepts:

2.2.1. Regional freight forwarding


The regional freight forwarding network is used for processing of partial loads, piece goods and
sporadic full loads. The responsible regional freight forwarder depends on the outgoing delivery
location of the Partner, and can be looked up on the Daimler Supplier Portal (see Section 1.16).

2.2.2. Direct Transport

The receiving plants regularly define recurrent full truck loads as direct deliveries or milk runs.
These are subject to a separate shipping instruction.

2.3. Rail Shipment

Rail shipment is only permissible if expressly requested by Daimler and the processing modalities
have been agreed in writing in advance in individual cases.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 46

2.4. Special Tours

Special tours relate exclusively to time-controlled road transport of goods for ensuring production
supply, which can otherwise not be ensured via the aforementioned types of shipping. For
example, there is a risk to the production supply if the ordered goods are not ready for loading
in the specified quantity and time.

In the order for a special tour by Daimler, the respective receiving plant determines the special
tour operator and authorizes the appropriate charge for the costs as required.

In cases where the Partner causes and assumes the costs, it determines the special tour operator.

3. Shipment Processing

3.1. Delivery call-off and transit time

The scheduled dates for goods receiving listed in the Daimler delivery call-offs (or pick-up sheet
see MBST 17) apply for a delivery at the affected Daimler plants within the regular goods
acceptance times. The transit times from the supply plant to the Daimler receiving plant must
be taken into consideration in the notification time. The Partner is responsible for adherence
to the scheduled arrival dates of the shipments at Daimler and must therefore announce and
provide the shipments to the freight forwarder for transportation within good time.

The respective currently valid transit times are provided in the Daimler Supplier Portal (see
Section 1.16). In the event that Daimler commissions the Partner via pick-up sheet, Daimler is
responsible for the compliance with the arrival date, taking into account the timely notification
of the goods at the freight forwarder.

3.2. Notification

The shipping quantity of the current call-off must be notified to the freight forwarder for trans-
portation in writing by 12:00 p.m. (noon) at the latest on the day prior to provision. If a
web-based notification portal is provided by Daimler or by the freight forwarder, it must be used
as a mandatory requirement. In any other case, written notification (text form sufficient) in
accordance with the specifications of the freight forwarder is required. In the event that the
freight forwarder is commissioned by Daimler, the notification to the freight forwarder is omitted
after consultation and approval by Daimler.

The dispatch notice must contain the following information:


» W
 eight, number and type of load carriers and number of load meters
(poss. disposable pallets, crates, boxes and their stackability)
» Receiving plant/shipping address with precise specification of the unloading station(s)
» Scheduled arrival date/arrival time
» Hazardous goods classification
» Declaration of customs status (EU community goods yes/no)
» Agreed vehicle provision time at the Partners’s premises
» Loading sequence (exclusively for the direct shipping concept)

Notices sent after 12:00 p.m. (noon) and subsequent notification changes (bigger or smaller
quantity) in excess of 10 % per receiving plant of the notified tonnage may lead to additional
costs. The Partner is obligated to bear the incurring additional costs with respect to the freight
forwarder. The Partner agrees that the freight forwarder will invoice these additional costs
directly to the Partner.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 47

3.3. Provision Time and Shipping Quantity

The Partner and the freight forwarder must sign a joint written agreement (text form sufficient)
about the pick-up time as Partners. Unilateral determination is not allowed. Cost assumption
for the booking of time windows by the freight forwarder is also not intended.

Unless otherwise agreed or if no viable solution can be found by both parties, the goods must
be provided for collection, ready for shipping, on the shipping date from 6:00 a.m. Collection
by the freight forwarder must be enabled until 6:00 p.m. This provision obligation applies from
Monday up to and including Friday. In exceptional cases, Daimler is entitled to request a Saturday
pick-up. The shipping mode must be coordinated with the respective receiving plant. If shipments
are not provided on time, the costs of any required special measures must be borne by the Partner.

In the event of a difference between the quantity that has been notified and the quantity that is
actually provided, which is greater than the range specified under 3.2, the following rules apply:

Lesser quantities: The freight forwarder is entitled to bill the Partner for the tonnage in excess
of the specified fluctuation range as a freight loss. The currently valid cost rates are provided
on the Daimler Supplier Portal (see Section 1.16). In case the freight forwarder is commissioned
by Daimler, lesser quantities are settled by Daimler. Daimler reserves the right to allocate costs
according to respective share of causation.

Additional quantities are not permitted. In special cases any deviation must be discussed with
Daimler.

The required written consent by Daimler pursuant to No. 1.9 remains unaffected.

3.4. Loading

The loading and dispatch must be effected without delay once the vehicle has been made
available or at the latest as of the start of the agreed time window. If the Partner carries out the
loading, he 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. Care must
be taken to ensure that in case of small load carriers or cardboard boxes, only load units
that can be put on palettes and stacked can be loaded. Refer to Daimler Guideline 9.5 for further
details on load securing of Daimler load carriers.

Under the prerequisites of timely loading which is safe for transportation purposes, sorting
according to the sense of unloading zones and unloading points must also 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 in accordance with the specifications of the receiving
plant.

Combinable package freight and partial loads from several sub-plants are to be dispatched
centrally at one shipping location. Full truck loads from several sub-plants can be dispatched
via decentralized shipping locations at any time.

Within the scope of the performance for Daimler, the Partner must ensure that only driving
personnel which is appropriately employed in accordance with §§ 7b and c GüKG is deployed.
Daimler reserves the right to control and document the conformity with this obligation in the
framework of the legal possibilities. To the extent it is responsible for non-compliance with this
obligation, the Partner will indemnify Daimler from claims of third parties.
MERCEDES-BENZ SPECIAL TERMS 29/14 | LOGISTICS PAGE 48

3.5. Processing Time

The delivery of empties must also be possible at the time as of collection. Unloading of empties
for the Partner and loading including the administrative processing must be carried out promptly
when the truck is provided or in the agreed window 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 truck loads max. 60 minutes

At the request of the freight forwarder, the Partner is obligated to confirm the start and end of
vehicle provision on a docket. Late processing times lead to additional costs and must be borne
by the Partner.

Different bilateral agreements between the Partner and the freight forwarder are possible at
any time. The Partner is obligated to bear the customary additional costs with respect to the
freight forwarder. The Partner agrees that the freight forwarder will invoice these additional
costs directly to the Partner.

3.6. Shipping Order/Waybill

The handover of shipments to the freight forwarder may only take place with the fully comple-
ted shipping order according to the VDA version currently valid at Daimler or with a waybill.
It must be ensured that the gross weights in the VDA version currently valid at Daimler are
consistent with the waybill. The information regarding the load carrier type and number must
be provided separately for each unloading station. In addition, it must be possible to record
the additional information described in the valid VDA version at Daimler point 7 (bar code
fields) on the freight document.

For full truck loads, which are not handled in a shipping terminal, the Partner must transmit the
freight documents electronically to the assigned freight forwarder in line with the instructions
of the latter.

3.7. 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 freight forwarder.

3.8. Goods Labels

All packages and load carriers (in case of a load unit each individual load carrier/small load
carrier/special load carrier) must be provided with a goods label with barcode (code 39)
in accordance with the relevant, currently valid version of VDA at Daimler. The field contents
and any deviations from the VDA recommendation arise from the manual on electronic data
interchange (EDI manual).
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3.9. Delivery Note

The following applies to the combination variants for EDI and delivery documents:
Variant 1 must be used. Variant 2 is intended only for emergency processing (EDI failure).

Variant Electronic data intercharge Delivery note


1 EDI according to VDA version currently valid EDI delivery note according to VDA version
at Daimler currently valid at Daimler
2 without (only for emergency processing) Delivery note according to DIN version
currently valid at Daimler

Further information on delivery note creation and on shipping processing can be found in
the EDI manual. A separate set of delivery notes must be created for each unloading station,
MDI or MEI and initial samples. Delivery note creation is carried out according to the DIN
version currently valid at Daimler. Deviations must be observed in the case of fields 6 and 8,
which have to be completed as obligatory fields. Refer to the EDI manual for further details.

3.10. Delivery Receipt

If any damage to the goods or discrepancies in the delivery is notified by Daimler, Daimler can
demand a written declaration from the Partner certifying the undamaged and complete hand-
over of the delivery to the freight forwarder commissioned by Daimler within a period of two
days.

4. Logistical Errors of the Partner

Daimler reserves the right to complain about logistical failures of the Partner via the REKLA
module on the IBL platform and to charge any additional expenses incurred. These include, in
particular, deviations from the packaging agreement in the goods receipt process (see MBST
35 Section 4).
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Communication with Daimler via


Electronic Data Transmission (EDI)
and Supplier Portal
1. General Section

1.1. Communication via EDI

To ensure a continuous, error-free and real-time flow of information, optimization of the ex-
change of data required in connection with the delivery process is an important objective for
the global automotive industry.

EDI messages are transmitted in line with the messaging standards developed.

Further information can be found in the current version of the EDI manual (see below Section 1.5).

In view of this, the Partner is obligated to create and use the prerequisites required for com-
munication 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 Partner ensures that all of the necessary data and information are
transmitted in full, in good time and without errors in the EDI transmissions.

For the avoidance of doubt it is noted that also regarding samples and empties supplies the
communication has to be carried out by EDI.

1.2. Use of the Data Quality Management (DQM) System

To improve the quality of data during EDI transmissions and avoid costs incurred for reworking
incomplete or incorrect EDI data from the very start, Daimler provides its suppliers with an
Internet-based DQM System. This enables the Partner to check independently the completeness
and correctness of their EDI transmissions in advance. Use of the DQM System is obligatory
for the Partner.

Further information on the DQM system is contained in the EDI manual.

1.3. Delivery Note Recording via DQM as an Alternative to Standard EDI

As an alternative to standard EDI, Partners which do not use their own data communication
software can create and transmit delivery note data free of charge in the DQM application.

Further information on delivery note recording can be found in the EDI manual.
MERCEDES-BENZ SPECIAL TERMS 35/15 | LOGISTICS PAGE 51

1.4. Additional Expenses due to Process Disruptions

In the event of incorrect or incomplete data communication transmissions, the Partner 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:

A breakdown of costs is currently available from DQM.

1.5. EDI Manual

The EDI manual can be accessed via the Daimler Supplier Portal http://supplier.daimler.com.

2. Additional regulation for the transmission of change status information and MTC deliveries

In order to optimize the processing of design stage-critical scopes and to improve the quality
of logistics processes, a few additional, Daimler-specific formats are required for specifying
design and change statuses in the corresponding fields in the VDA recommendations currently
valid for Daimler.

To achieve this, the requirements of the EDI manual and the applicable requirements of
“labeling” must be observed (e.g. container management process manual and VDA recom-
mendations).

3. Use of the Systems via Daimler Supplier Portal

The Partner commits itself to follow all necessary information on the Daimler Supplier Portal
(http://supplier.daimler.com) relating to him regularly (e.g. dealing with compliance and sus-
tainability, alerts, relevant documents, ...), as well as applications such as e.g. eDocs, CERTUS,
ctime, SMB, IBL/-DQM/-TM and -REKLA, ESEP ++, etc. upon request for use, at any time in
good time.

4. Deviations in the Goods Receipt Process/Logistical Failures

Daimler reserves the right to complain about any deviation from this agreement in the goods
receipt process via the REKLA module on the IBL platform and to invoice any additional
expenses incurred. In order to process such complaints, Daimler shall make these available to
the Partner through the module. The Partner undertakes to process complaints in the applica-
tion within the specified deadlines. The Partner can inspect the complaints there and submit a
statement. If the complaint is not processed in due time, then it shall be deemed to have been
accepted and, attendant thereto, a charge shall also be deemed to have been accepted. The
expense incurred from creating a justified complaint shall be calculated by means of a temporal
basic time flat rate. All further information about the REKLA module can be found on the IBL
platform in the Daimler Supplier Portal (http://supplier.daimler.com).

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