Other Notes
32. Contingent Obligations and Commercial Commitments Contingent Obligations Obligations from issuing guarantees as
a guarantor (excluding product warranties) are as follows:
Guarantees for third party liabilities principally represent guaran- tees of indebtedness of non-consolidated affiliated companies and third parties and commitments by Group companies as to contractual performance by joint venture companies and certain non-incorporated companies, partnerships, and project groups. The term under these arrangements generally covers the range of the related indebtedness of the non-consolidated affiliated com- panies and third parties or the contractual performance period of joint venture companies, non-incorporated companies, partner- ships, and project groups. The parent company of the Group (DaimlerChrysler AG) provides guarantees for certain obligations of its consolidated subsidiaries towards third parties. At Decem- ber 31, 2004, these guarantees amounted to €48.4 billion. To a lesser extent, consolidated subsidiaries provide guarantees to third parties of obligations of other consolidated subsidiaries. All intercompany guarantees are eliminated in consolidation and therefore are not reflected in the above table.
(in millions of €) At December 31, Amount recognized as a liability 355 583 352 109 1,399 2004 At December 31, Maximum potential future obligations 2,647 1,957 513 118 5,235 2,334 1,646 464 128 4,572 207 536 360 97 1,200
Guarantees for third party liabilities Guarantees under buy-back commitments
Performance guarantees and environmental risks Other
Guarantees under buy-back commitments principally represent arrangements whereby the Group guarantees specified trade-in or resale values for assets or products sold to non-consolidated affiliated companies and third parties. Such guarantees provide the holder with the right to return purchased assets or products back to the Group in connection with a future purchase of products or services. The table above excludes residual value guarantees related to arrangements for which revenue recognition is precluded due to the Group’s obligation to repurchase assets sold to unre- lated guaranteed parties.
Performance guarantees principally represent pledges or indem- nifications related to the quality or timing of performance by third parties or participations in performance guarantees of consor- tiums. Performance guarantees typically provide the purchaser of goods or services with the right to be reimbursed for losses incurred or other penalties if the third party or the consortium fails to perform. Amounts accrued under performance guaran- tees reflect estimates of probable losses resulting from a third party’s failure to perform under obligating agreements. DaimlerChrysler AG and its wholly owned subsidiary Daimler- Chrysler Services AG have provided various guarantees towards third parties with respect to the investment in Toll Collect. See Note 3 for detailed information regarding Toll Collect including the guarantees issued. Of the guarantees mentioned in Note 3, only the €600 million guarantee for the bank loan is reflected in the above table in the line “Guarantees for third party liabilities”. The other guarantees are not reflected in the above table since the maximum potential future obligation resulting from the remaining guarantees cannot be accurately estimated. Accruals established in this regard are also not included in the above table.
The Group is subject to potential liability under certain govern- ment regulations and various claims and legal actions that are pending or may be asserted against DaimlerChrysler concerning environmental matters. The maximum potential future obligation related to certain environmental guarantees cannot be estimated due to numerous uncertainties including the enactment of new laws and regulations, the development and application of new technologies, the identification of new sites for which the Group may have remediation responsibility and the apportionment and collectibility of remediation costs when other parties are involved.
When circumstances indicate that payment is probable and the amount is reasonably estimable, guarantees made by the Group are recognized as a liability in the consolidated balance sheet in accordance with SFAS 5 “Accounting for Contingencies”, with an offsetting amount recorded as an expense (contingent obliga- tion). For guarantees issued or modified after December 31, 2002, the Group records guarantees at fair value, unless a higher amount must be accrued for in accordance with SFAS 5 (non- contingent obligations). Both contingent obligations and non-con- tingent obligations are included in the column “Amount recog- nized as a liability” in the table above.
On March 11, 2003, DaimlerChrysler signed an agreement with the City of Hamburg, Germany, a holder of approximately 6% of the common shares of DaimlerChrysler Luft- und Raumfahrt Holding Aktiengesellschaft (“DCLRH”), a majority-owned sub- sidiary of the Group. Pursuant to the terms of the agreement and upon execution of the agreement, DaimlerChrysler will have a call option and the City of Hamburg will have a put option which, upon exercise by either party will require the shares of DCLRH held by the City of Hamburg to be transferred to DaimlerChrysler. In consideration for these shares, DaimlerChrysler was obliged to pay the City of Hamburg a minimum of €450 million in cash or shares of the EADS or a combination of both. The agreement was approved by the Parliament of the Free and Hanseatic City of Hamburg on May 21, 2003. DaimlerChrysler’s call option would become exercisable at January 1, 2005. The City of Hamburg’s put option would become exercisable at the earlier of October 1, 2007, or upon the occurrence of certain events which are solely within the control of DaimlerChrysler. DaimlerChrysler believes the likelihood that these certain events will occur is remote. In accordance with FIN 45, the obligations associated with prod- uct warranties are not reflected in the above table. See Note 25b for accruals relating to such obligations.
Commercial Commitments.In addition to the above guaran- tees and warranties, in connection with certain production pro- grams, the Group has committed to purchase various levels of outsourced manufactured parts and components over extended periods at market prices. The Group has also committed to pur- chase or invest in the construction and maintenance of various production facilities. Amounts under these guarantees represent commitments to purchase plant or equipment at market prices in the future. As of December 31, 2004, commitments to purchase outsourced manufactured parts and components or to invest in plant and equipment are approximately €5.7 billion. These amounts are not reflected in the above table.
The Group also enters into noncancellable operating leases for facilities, plant and equipment. Total rentals under operating leases charged to expense in 2004 in the statement of income (loss) amounted to €902 million (2003: 747 million; 2002: €737 million). Future minimum lease payments under noncancellable lease agreements as of December 31, 2004 are as follows:
33. Information About Financial Instruments and Derivatives