Fall 2006 News

Selecting Overseas Representatives for Your Products
John R. Jagoe

Establishing an international sales network is one of the most challenging aspects of selling products in overseas markets. In essence, when an overseas representative is appointed, that agent is charged with the legal right to represent company and products in markets located thousands of miles away from the company's direct supervision. A non-performing export representative can cause serious damage to the company's reputation in world markets that could take years to correct. Also, in many markets, it can be very costly to discharge a representative because of laws protecting local businesses from abuse by foreign companies. Therefore, before appointing overseas representatives, the potential foreign agent and its finances should be thoroughly researched and site visits and conversations with key personnel, suppliers and customers conducted.

The type of overseas sales representatives needed will depend primarily upon whether they will be required to purchase the company's products for resale within the local marketplace. Representatives that have the financial and organizational capacity to pay for and maintain a complete inventory of the products are referred to as either Stocking Distributors or Export Management Companies. In return for paying for products in advance, they require a steeper discount because they will also be paying the marketing expenses incurred to sell and service the products. Stocking Distributors or Export Management Companies earn profit from the differential between their total costs and the selling prices paid to them by their customers in the local marketplace.

Overseas representatives that will not be purchasing and maintaining a physical inventory of the products are referred to as Sales Agents. They will act as "Middlemen" between you and the foreign buyer. Sales Agents do not usually become directly involved in the physical possession and movement of the products to customers in overseas markets. They do not pay for the advertising and promotion of the products. Sales agents will earn their profit from the sales commissions received from the company less costs in arranging for the sales with the foreign buyer.

Once an overseas representative is identified, a comprehensive Distribution Agreement should be made ready for discussion upon travel to the foreign agent's facilities. A considerable amount of money in legal fees can be saved by preparing a preliminary distribution agreement in advance - and then presenting it to an international attorney for revisions and final approval. When the final version is ready, the company preparing the document might ask itself whether it would sign if its role were reversed to that of the sales agent or distributor. A successful Export Distribution Agreement must be to both the mutual benefit of both the seller and the buyer.

For more information, please visit www.exportinstitute.com, or contact Mr. Jagoe at (800) 943-3171 or jrj@exportinstitute.com.

John R. Jagoe is the president of The Export Institute of the United States.

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