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ALD00000454_PL-Mercedes Benz Special Terms 2020_Reservations 1

Mercedes-Benz Manufacturing Poland Sp. z o.o.

ALD00000454

_PL

Mercedes Benz Special Terms 2020_Reservations

Version Date : January 27th, 2022

Version details

: ALD00000454.B EN ALD00000454_PL-Mercedes Benz Special Terms 2020_Reservations 2

Mercedes-Benz Special Terms 2020

Specific regulations for Mercedes

-Benz Manufacturing Poland sp. z o.o. All provisions of the Mercedes-Benz Special Terms 2020 relating to Daimler AG 1 apply to:

Mercedes-Benz Manufacturing Poland sp. z o.o., with its registered office in Jawor (59-400), ul. Gottlieba Daimlera 5, entered

-Fabryczna, IX Economic Division of the National

Court Register, KRS No. 0000629149, registered under VAT No. PL 522 306 77 07 (hereinafter referred to as: "MBMPL")

as well, with reservation of the following provisions:

Article 1. LOGISTICS

1.1 Notification obligations with respect to goods subject to export controls

The supplier is obliged to inform MBMPL if the goods provided (including software and technology) are covered by German,

Polish, EU or US export control law, as well as the national export control law of the country of origin of the goods

entered on

the export control goods lists (e.g. Common Military List, Annex I of EC Dual-Use Regulation 428/2009, US Commerce Control

List). If the goods provided constitute “US goods" in the sense of US export control law (= items subject to the EAR or subject

to the ITAR), the supplier must point this out to MBMPL. If the goods provided contain a US share, the supplier is also obliged

to provide the value (normal purchase price or current market price) of the US share in the total volume and the applicabl

e

export control classification (ECCN XXXXX or EAR99), provided that these details are available to the supplier. In order to fulfil

the aforementioned notification obligations, the supplier must notify Daimler's central export control department (mail to: mbox-

096

- exportkontrolle@Daimler.com) about the relevant export list numbers (e.g. position in the German export list or Appendix

I of EC Dual-Use Regulation 428/2009, Export Control Classification Number [ECCN],US, Munitions List [USML] etc.) and, if

applicable, the value of corresponding US share in the goods, stating Daimler part number (if available).

Furthermore, the supplier is obliged to inform MBMPL immediately about all changes in connection with export control data

pertaining to delivered goods. Questions in this context should be sent to the above-mentioned e-mail address.

US goods are all goods produced in the USA, as well as all goods not produced in the USA with a US value share >10%; all good

s produced using controlled US technology; all US military goods (ITAR), even if they are incorporated in civilian goods.

1.2 Shipment of dangerous goods

The services to be provided by the supplier may also involve activities pertaining to dangerous goods which fall under the

provisions of §2 of the German law governing the transport of dangerous goods [GGBefG] (packaging, loading, transport, un-

loading, delivery, classification of dangerous goods and waste) as well as Article 2 clauses 4-7 of the Polish Act of 19 August

2011 on the transport of dangerous goods.

The supplier is obliged to hand over for transport the shipment of dangerous goods that falls under dangerous goods regulations.

The duties and responsibilities assigned to him as the ordering party of the sender, packer, shipper, filler, unloader

and receiver result from §§ 17

- 30 and 35 of the German dangerous goods regulation [GGVSEB], Articles 11-17, 19, 20 par. 1 and 32 par.

1

-3 of the Polish Act of 19 August 2011 on the Transport of Dangerous Goods in conjunction with Chapter 1.4 ADR/RID/ADN,

1

after 01.31.2022 (rebranding day: 02.01.2022) Daimler AG will become Mercedes-Benz Group AG; any reference to Daimler will apply accordingly

to Mercedes-Benz Group AG ALD00000454_PL-Mercedes Benz Special Terms 2020_Reservations 3

from §9 GGVSee and Articles 42, 47-49 and 50a of the Polish Law of 21 March 1991 on the Sea Areas of the Republic of Poland

and the Maritime Administration in conjunction with Chapter 1.3 of the IMDG Code or ICAO-TI/ IATA-DGR and art. 2-9 of the

Polish Law of 9 March 2017 on the supervision of transport by road. The supplier is liable for all damages resulting from non-

compliance with the provisions of law.

1.3 Loading

Loading and dispatch must take place immediately after the vehicle has been made available or at the latest at the beginning

of the agreed time frame. If the supplier carries out loading, he must load the goods safely for transport and follow the instruc-

tions of the carrier's driving personnel to ensure safe unloading. It must be noted that in the case of small load carriers or

cartons, only palletized and stackable loading units may be loaded. Further details for securing Daimler load carriers can be

found in Daimler Guideline 9.5. In order to ensure timely and safe loading, sorting has to be ensured according to the rules applicable to the unloading facility or unloading zone.

In the case of consignments that are not transhipped at a forwarding terminal (to be clarified as soon as the consignment is

notified), loading onto the truck must be carried out separately according to unloading zones as defined by the receiving plant.

Bundleable general cargo and partial batches must be dispatched centrally if shipped to several factory sites in one location.

Full loads can be shipped at any time

via decentralized dispatch points if shipped to several factories in one location.

The supplier makes sure that only legally employed drivers are used when providing services for MBMPL in accordance with §§

7b and 7c GüKG and Articles 32a, 32b and 87 par. 1 of the Polish Road Transport Act of 6 September 2001. Daimler reserves

the right to check and document compliance with this obligation within the scope of legal possibilities. The supplier shall i

n- demnify MBMPL against

third-party claims in the event of non-compliance with this obligation, insofar as the supplier is respon-

sible.

Article 2. PROCUREMENT FOR DEVELOPMENT SERVICES

MBMPL partner must comply with the latest recognized rules of science and technology, as well as the agreed technical data

with regard to its services. The partner must follow all relevant legal regulations (e.g. End-of-Life Vehicles Regulation, the Polish

Act of 20 January 2005 on the disposal of end-of-life vehicles), as well as all relevant national (including German and Polish) and

international quality standards of the automotive industry. Furthermore, the contract system cannot be defective in such a way

as to invalidate or reduce the value or suitability for the intended use. The status at the time of acceptance of the contract

system shall be decisive. Article 3. PRODUCTION MATERIAL AND SPARE PARTS FOR VEHICLES

3.1 The supplier warrants that his deliveries are suitable for the intended use and that they are in perfect condition as regards

the materials used and the execution. The supplier must comply with the state of the art in science and technology, safety

regulations and the agreed technical data, specifications and quality requirements for his deliveries. The supplier ensures that

the delivered items comply with the national law (including German and Polish), as well as international laws and regulations

that apply to the respective delivered item in the sales markets. Any changes of the delivered item require prior written consent

of MBMPL. As regards the procedure for production process and product release (PPF), reference is made to VDA Volume 2

"Ensuring the quality of deliveries - production process - and product release PPF", in the currently valid version. Irrespective of

ALD00000454_PL-Mercedes Benz Special Terms 2020_Reservations 4

the above, the supplier must regularly check the quality of the delivered items and ensure their conformity. The contracting

parties will inform each other about the possibility of quality improvements.

3.2 The Supplier is only liable for claims arising from the infringement of registered property rights and property right applica-

tions (property rights) if at least one of the property rights is published either in the Supplier's home country, by the Wor

ld Intellectual Property Organization (WIPO), by the Europe an Patent Office (EPO) or in one of the states of the Federal Republic

of Germany, France, Great Britain, Austria, Poland, the USA, Japan or China, provided that the delivered items were used in

accordance with the contract.quotesdbs_dbs26.pdfusesText_32

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