Product liability, trademark and traffic laws - AH60.00-P-0800-01Z

Model 163, 164, 166, 168, 169, 170, 171, 202, 203, 204, 207, 208, 209, 210, 211, 212, 215, 216, 219, 220, 221, 230, 240, 245.2, 251, 414.700, 690.6, 636, 638, 639, 901, 902, 903, 904, 905, 906 Model WD1, WD2, WD3, WD6, WD7, XD1, XD2, XD3, XD4, XD5, XD6, XD7, YD1, YD2, YD3, YD4, YD5, YD6, YD7 

For legal reasons (product liability, trademark and traffic laws) and to prevent negative effects to the Daimler corporation and employees of the specific Mercedes-Benz dealerships, we recommend that the vehicle identification number and Mercedes stars at the end (trademark) only be marked on vehicles when the body or vehicle has been replaced or repaired within the Mercedes-Benz service organization.

This recommendation is based on the following factors: 

Some companies have specialized in rebuilding Mercedes-Benz vehicles with used or new bodies and often finishing these vehicles with second-hand parts from various accident vehicles of the same model.

Cases are repeatedly reported where other companies have then asked service outlets or authorized workshops to mark the vehicle with the vehicle identification number of the original (accident) vehicle

We request you to never perform such work, even when the other company assures that they have rebuilt the vehicle for themselves or at the request of a customer.

Legal problems in context with the protection of our trademark could result from marking such vehicles with the vehicle identification number with stars at the end (trademark) without reservations.

The new product liability laws consider the manufacturer to be the company who attaches its trademark to a product, regardless of whether the product was actually produced by this manufacturer.

Moreover, the Daimler corporation could, under certain circumstances, be considered to be the manufacturer and be liable in the event of damage.

Assembly of used or new bodies with various parts is the equivalent of new production. If such assembly is performed by another company, the Daimler corporation does not consider itself to be the manufacturer.

For this reason it is necessary for the registration authorities to issue a new vehicle title, which is legally possible, in which the assembling company is entered as the manufacturer and the serial number of the technical testing point becomes the vehicle identification number.

Moreover, such rebuilt vehicles usually require an operating permit. According to Section 59, Paragraph 2 of the German vehicle licensing regulations (StVZO), this requires notification of the responsible registration authority.

On the other hand, if a dealership or authorized workshop marks the rebuilt vehicle with the vehicle identification number of the original (accident) vehicle, the assembling company would be given the opportunity of circumventing its liability according to Section 59, Paragraph 2 of the German vehicle licensing regulations.

Companies requesting that rebuilt vehicles be marked with the vehicle identification number should be advised accordingly and referred to the responsible registration authority.