Free Online Course in International Business
Knowledge Statement
Knowledge of Terms and Conditions of Purchase or Sale
Goal
The goal of this material is to introduce you to the terms and
conditions associated with a purchase/sale in international business
and their effect on the different relationships that are established
between parties to the transaction, including agents, sales
representatives, distributors, licensing, franchising and joint
venture partnerships.
Learning Objectives
You will be able to
• identify terms of purchase/sale.
• identify advantages and disadvantages of terms of purchase/sale.
• identify the different relationships that can be established
between buyers and sellers.
Introduction
An international manager many encounter different approaches in
working with international customers. Other companies utilize
distributors or wholesalers. These relationships are commonly
referred to as the modes of entry. The way terms and conditions
apply to the purchase or sale or goods along with their advantages
and disadvantages are important applications in the sales
transaction process.
There are three steps:
1. to understand the different modes of entry
2. to learn the commonly used terms of sale
3. to understand the ways they work within commercial contracts
Modes of Entry – Relationships
The modes of entry used by an exporter will depend on the product or
service being sold as well as the country targeted for entry. Each
mode of entry has its advantages and disadvantages based on the
relative risk of a buyer and target country. These advantages and
disadvantages will obviously affect the costs of the
venture/transaction and ultimately the profitability of the
international business. The experience of a seller as well as the
company support in terms of personnel and finances will also help to
determine the best mode of entry. Remember that the mode of entry is
just that, the entry. Once the relationship has been established and
experience and critical mass gained, it can be changed. It may cost
to make a change, but long term profitability should be increased.
Agent
An agent will represent the manufacturer in the target market and be
responsible for making contacts with potential buyers, doing sales
presentations and demonstrations and negotiating transactions. An
agent normally does not take possession of merchandise since it is
usually shipped directly to a buyer. An agent is paid a commission
for the sale. The rate of the commission depends on industry
standards as well as the value of the product, the value of the
transaction and the market restrictions. An agent may be based in
the country of export or import. Before signing an agent agreement
with an individual based overseas, it is imperative that an
international manager be aware of the local laws governing agent
contracts and the labor laws that may apply.
• Advantages to the seller
• low cost
• quicker entry
• lower time commitment
• can be a domestic sale
• US laws pertain
• Disadvantages to the seller
• low return
• reduced control
• no market experience
• increased market costs due to middleperson
Distributor
A distributor is normally located within the target market and is
responsible for purchasing, stocking, and reselling merchandise. In
many cases, a distributor is focused on a specific industry, trade,
or channel of distribution and may provide sales, marketing and
logistics services as well. The level of service will depend on the
price of the products and profit margin for both parties. The
responsibilities of each party should be clearly spelled out in the
contract.
• Advantages to the seller
• market entry control
• higher return
• development of relationships
• experience in export marketing
• Disadvantage to the seller
• increased costs
• increased time for market entry
• reduced knowledge base for international expansion
• fewer market targets
• increased time commitment from company resources
The differences found between agents and distributors are as
follows:
• Agent
• exclusive or non
• small company
• fewer resources
• may be domestic sale
• commission based
• do not take ownership of product
• no responsibility of market relationships
• agent protection laws do not favor exporter
• Distributor
• exclusive or non
• usually larger than agent
• in market relationships
• usually takes ownership of products
• more market responsibility
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