Warranties, Guarantees, Commitments and Contingencies | 9 Months Ended |
Sep. 30, 2013 |
Warranties, Guarantees, Commitments and Contingencies [Abstract] | |
Warranties, Guarantees, Commitments and Contingencies | Warranties, Guarantees, Commitments and Contingencies |
Warranties |
Products sold by WABCO are covered by a basic limited warranty with terms and conditions that vary depending upon the product and country in which it was sold. The limited warranty covers the equipment, parts and labor (in certain cases) necessary to satisfy the warranty obligation generally for a period of two years. Estimated product warranty expenses are accrued in cost of goods sold at the time the related sale is recognized. Estimates of warranty expenses are based primarily on warranty claims experience and specific customer contracts. Warranty expenses include accruals for basic warranties for product sold, as well as accruals for product recalls, service campaigns and other related events when they are known and estimable. To the extent WABCO experiences changes in warranty claim activity or costs associated with servicing those claims, its warranty accrual is adjusted accordingly. Warranty accrual estimates are updated based upon the most current warranty claims information available. |
The following is a summary of changes in the Company’s product warranty liability for the three and nine month periods ended September 30, 2013 and 2012 (amounts in millions). |
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| | | | | | | | | | | | | | | |
| Three Months | | Nine Months |
Ended September 30, | Ended September 30, |
| 2013 | | 2012 | | 2013 | | 2012 |
Balance of warranty costs accrued, beginning of period | $ | 50.3 | | | $ | 52.1 | | | $ | 55.2 | | | $ | 52.6 | |
|
Warranty costs accrued | 5.1 | | | 4.5 | | | 14.9 | | | 20.1 | |
|
Warranty claims settled | (7.0 | ) | | (6.5 | ) | | (20.9 | ) | | (20.5 | ) |
Foreign exchange translation effects | 1.4 | | | 1.8 | | | 0.6 | | | (0.3 | ) |
|
Balance of warranty costs accrued, end of period | $ | 49.8 | | | $ | 51.9 | | | $ | 49.8 | | | $ | 51.9 | |
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Current liability, included in current portion of warranties | $ | 28 | | | $ | 41.2 | | | $ | 28 | | | $ | 41.2 | |
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Long-term liability, included in other liabilities | $ | 21.8 | | | $ | 10.7 | | | $ | 21.8 | | | $ | 10.7 | |
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Guarantees and Commitments |
The Company has bank guarantees for $51.6 million which is comprised of uncollateralized bank guarantees, of which $45.9 million is related to tax and other litigation, $1.2 million is related to letters of credit and $4.5 million is related to other items. |
The Company has inventory and receivables that are pledged against a local bank facility in India to support local working capital requirements of $7.2 million. Also, the Company has pledged unsold receivables under the Accounts Receivable Securitization Program of €18.0 million ($24.3 million at September 30, 2013 exchange rates). |
Contingencies |
General |
We are subject to proceedings, lawsuits and other claims related to products and other matters. We are required to assess the likelihood of any adverse judgments or outcomes to these matters as well as potential ranges of probable and reasonably possible losses. A determination of the amount of liability to be recorded, if any, for these contingencies is made after careful analysis of each individual issue. |
Litigation |
On June 23, 2010, the European Commission (the “Commission”) issued a decision imposing a total of €326.1 million in fines, or approximately $400 million on the date of assessment (the “EC Fine”), on the former American Standard Companies Inc. (now Trane Inc., hereinafter referred to as “American Standard” or “Trane”), and certain of its European subsidiaries engaged in the Bath and Kitchen business and successor entities for infringements of European Union competition rules relating to the distribution of bathroom fixtures and fittings in a number of European countries. Pursuant to our Indemnification and Cooperation Agreement with Trane, WABCO Europe BVBA (an indirect wholly-owned subsidiary of WABCO) is responsible for, and is liable to indemnify Trane Inc. and Ideal Standard International (representing the successor to the Bath and Kitchen business, and owner of certain of the former American Standard subsidiaries) and their owners against the EC Fine. |
As required by the Indemnification and Cooperation Agreement, WABCO paid the fine amount into escrow on August 30, 2010, using €230.0 million of cash on hand and €96.1 million of additional borrowings. The funds were subsequently released from escrow and paid to the Commission. After reviewing all of the elements of the case, WABCO decided to appeal the decision in order to try to have the fine reduced. On September 8, 2010, WABCO filed its appeal in the General Court of the European Union (the "General Court"), located in Luxembourg. On March 27, 2012, the oral hearing for the appeal took place before the court. |
On September 16, 2013, the General Court delivered its judgment and reversed in part the decision of the Commission, reducing the original fine of €326.1 million by €205.8 million to €120.3 million. Since WABCO had paid the full amount of the EC Fine (as described above), WABCO will receive the full amount of the reimbursement within 60 days. The facts of the case are now settled. The Commission has up to 2 months and 10 days from receipt of the General Court’s judgment to decide whether to file an appeal based solely on matters of law. An appeal would not have any impact on the Commission's obligation to repay the amount. |
Other |
In conjunction with the Tax Sharing Agreement, as further discussed in "Note 11. Tax and Indemnification Liabilities Transferred from Trane to WABCO", WABCO is responsible for certain tax and indemnification liabilities. These liabilities include indemnification liabilities to Trane of $13.3 million as of September 30, 2013. It is reasonably possible that the Company could incur losses in excess of the amount accrued. Although this amount cannot be estimated, we believe that any additional losses would not have a material adverse impact on the condensed consolidated financial statements. |