BB00.40-P-0022-00A Obligations Regarding Approval of Operating Fluids
BB00.40-P-0022-00A Obligations Regarding Approval of Operating Fluids
- sheet 022.0
Daimler AG, at the request of
- hereinafter referred to as "the Company" -
has tested the operating fluid with the product name:
Provided the Company fulfills the obligations and conditions given below, Daimler AG will include the above operating fluid in the Mercedes-Benz Specifications for Operating Fluids and approve it for use in Mercedes-Benz vehicles and assemblies:
1 The Company shall not distribute any product under the above product designation anywhere in the world other than the operating fluid tested and approved by Daimler AG.
2 The Company is responsible to Daimler AG for ensuring compliance with the provisions of the Obligations Regarding Approval for Operating Fluids throughout the world. When using an identical product name, the approval is also valid in countries other than those listed in the "Mercedes-Benz Specifications for Operating Fluids," regardless of where the product is manufactured or distributed.
3 The Company may distribute different formulations of the operating fluid under one and the same product name if Daimler AG has tested and approved each formulation individually. Each formulation distributed under the same product name must display the same performance quality.
4 If the applicant seeks approval for operating fluids of various qualities on different sheets of the Mercedes-Benz Specifications for Operating Fluids, these product names must differ from one another by more than simply the SAE grade. The SAE grade may therefore only be used to differentiate between the viscosity, and not the quality, of oils. Single grade and multigrade oils must be given product names that can be clearly and unambiguously differentiated from one another.
5 The Company shall at all times be able to inform Daimler AG as to which formulation is or was being distributed in any given country at any given time.
6 The Company shall on all containers, price lists, and on all other sales and advertising documents, completely and clearly label the approved operating fluid in Latin letters with the exact same product name given above. Brands owned by Daimler AG (such as "MB", "Daimler", etc.) must not form part of the product name.
7 The Company shall on all containers, price lists, and on all other sales and advertising documents for the approved operating fluid, print the following text using the exact wording shown here:
"MB-Freigabe XXX.XX"or "MB-Approval XXX.XX".
8 The Company may not use its approval(s) for marketing purposes and in no manner or form in its advertising.
9 In connection with engine oils, the Company agrees to send for inspection the front and back labels of sales containers (such as one liter containers) to Daimler AG, Operating Fluids Department [Abteilung Betriebsstoffe], HPC C401, 70546 Stuttgart, Germany, at the time the product is launched or at the latest within six months of receipt of the approval certificate. If no label samples are received by Daimler AG within six months of receipt of the approval certificate, approval will automatically become null and void.
10 If the approved operating fluid or its product name is altered in any way, the approval will automatically become null and void. Should the Company intend to alter the formulation of the approved operating fluid or the product name, the approval process must be repeated at the specific request of the Company and Daimler AG will again decide whether or not to grant approval. A minimum of twelve months prior to the alteration must be allowed for the re-approval process for the altered operating fluid or product name.
11 The Company shall inform Daimler AG annually in the yearly verification whether the operating fluid is still being distributed unchanged under the same product name. Oils shall be listed in the yearly verification with the product name, the sheet number in the Mercedes-Benz Specifications for Operating Fluids, the SAE grade, the oil code and the additive package. Rebrands/reblends shall be listed with the product name, the product name of the original product, and the upstream supplier. Failure to submit the yearly verification will automatically nullify the approval and the operating fluid will be removed from the Mercedes-Benz Specifications for Operating Fluids.
12 The Company agrees to contractually oblige its dealers and agents, as well as all other resellers, to use, in connection with the approved operating fluid, only the above product name in all dealings with third parties (in particular for its sales operations).
13 There exists no obligation on the part of Daimler AG to grant approval, even should the Company fulfill all the conditions of these Obligations Regarding Approval of Operating Fluids. Daimler AG may revoke approval at any time.
14 The approval is effective on the date of the approval certificate.
Also valid for engine oils: For originals, the approval automatically expires after a period of 5 years. The duration of rebrand/reblend approvals is limited by the duration of the respective original and is therefore max. 5 years.
15 The Company has no guarantee of purchase of the approved operating fluid by the Daimler AG or its contract partners.
16 The Company will be notified of changes to these Obligations Regarding Approval of Operating Fluids in writing. They are considered approved if the Company does not contradict them in writing within a period of 6 weeks following the disclosure of the changes. The Daimler AG will make particular reference to this consequence when disclosing the changes.
Place/date Stamp and signature of applicant