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ISSUES FORISSUES FOR
CONSIDERATION
OPTIONS FOR EXPORT MARKET ENTRY
• Agents
• Distributors
• Selling Direct and Using Your Own Resources
• Trade Fairs
• Franchising
• Licence Agreements
• Joint Ventures
• Export Houses
• Government contracts
• Buying Houses
LET’S LOOK AT AGENTS & DISTRIBUTORS
• Differences between agents and distributors
• What will they do for our business ?
• Where and how can we find them ?
• The interview process• The interview process
• Appointment – the legal contract
• Communication and cultural issues
• Motivation
• Monitoring and evaluating performance
WHAT IS A DISTRIBUTOR ?
• Independent contractor who purchases goods for resale
• Usually takes legal title to the goods
• Buying from a business and selling for own account at
prices that are calculated for the distributor’s own benefitprices that are calculated for the distributor’s own benefit
• A distributor is a business Partner
WHAT IS AN AGENT ?
• Marketing or sales agent - seeks orders on behalf of a
client (‘the Principal’) in return for an agreed commission
on each order
• The agent is briefed on appropriate prices and terms and
then approaches businesses within a designated areathen approaches businesses within a designated area
• The agent legally binds the business they represent to any
contract they sign for product orders
• An agent never owns the goods he is selling and to all
intents and purposes is just an extension of the Principal
• An agent is a business Partner
ADVANTAGES OF A DISTRIBUTOR
• Has an established presence in the market
• You can rely on their expertise
• You delegate the distribution and selling functions to them
• The financial risk is largely theirs• The financial risk is largely theirs
• Your investment is negligible
• May simply be the most appropriate method of getting goods
to market
ADVANTAGES OF A DISTRIBUTOR
• Has an established presence in the market
• You can rely on their expertise
• You delegate the distribution and selling functions to them
• The financial risk is largely theirs• The financial risk is largely theirs
• Your investment is negligible
• May simply be the most appropriate method of getting goods
to market
DISADVANTAGES OF A DISTRIBUTOR
• Little control can be imposed once goods have become
the property of the distributor - you cannot dictate the
customers they sell to or the prices they charge
• A distributor’s time may be split across many product
lineslines
• Any lack of commitment on your part will inevitably
result in a similar lack of commitment on their part
• If the sales potential is high your distributor may not have
the presence to exploit it
• Some countries have legislation that can provide for
rights to compensation on termination of agreement
ADVANTAGES OF AGENTS
• You retain absolute control of marketing and advertising,
including pricing and the terms and conditions of sale
• You maintain direct contact with your customers
• An agent’s commission is based on a percentage of net
sales so that remuneration is directly linked tosales so that remuneration is directly linked to
performance
• You obtain the services of an experienced local national
and benefit from his market knowledge
• Your investment is negligible
DISADVANTAGES OF AGENTS
• You usually retain the financial risk arising from sale of goods
• Within the EEA, agents have a right to compensation or
indemnity upon termination of the relationship
• Agents take less responsibility than distributors so your
responsibilities are correspondingly greaterresponsibilities are correspondingly greater
• Agent’s time usually split between you and other exporters
• If sales are not forthcoming, agent may not make an effort to
promote your product
• If there is great potential, agent may not have resources to
exploit this
HOW CAN YOU FIND THEM ?
• Advertise in the trade press and use the Internet
• Ask your suppliers and potential customers
• Ask professional associations in your target market
• Ask other exporting companies selling complementary products
• Advertise at Trade Fairs
• Do your own market research, contacting, long/short listing and
qualification of prospects
• Commission a ‘Partner’ search from a Government support agency or
a private export consultancy
• ALWAYS try to shortlist and interview several prospects (be wary of
sole candidates and unsolicited offers)
QUESTIONS TO ASK A POTENTIAL PARTNER
• How long have you been established ?
• Do you specialise in any particular sector or customer
segment ?
• What is your turnover ?
• What is your share of the market ?
• How many active accounts do you have ?
• How many staff do you have ?
QUESTIONS TO ASK A POTENTIAL PARTNER
• Will I have direct contact with your sales staff ?
• How big is the territory that you cover ?
• What office/storage facilities do you have ?
• What product ranges do you already carry ?• What product ranges do you already carry ?
• How many principals do you already work for ?
WORKING WITH OTHER CULTURES
Look out for differences in:
• Communication style
• How things are managed
• Leadership and management• Leadership and management
• Approach to risk
• Reaching decisions
• Negotiating style
MOTIVATING, TARGETS, MONITORING & EVALUATING
• Rigorous interview and selection process
• Frank and open negotiation of objectives
• Terms and conditions of the legal agreement
• Introducing a trial period• Introducing a trial period
• Setting realistic targets and incentives
• Monthly/quarterly activity reports
• Annual review of performance
MOTIVATING, TARGETS, MONITORING & EVALUATING
• Clear definition of responsibilities
• Speedy implementation of corrective action
• ‘End user’ comfort analysis
• Sharing of supply-chain monitoring report
• Effective communication and use of IT
• Keeping control
• Annual senior review meeting
MOTIVATING, TARGETS, MONITORING & EVALUATING
• Annual price review
• Product orientation training
• Regular face to face meetings
• Periodic strategy review
• Measurement of partner benefit from Agreement• Measurement of partner benefit from Agreement
• Level of integration
• Must be a ‘Two Way Street’
THE PRICE OF FAILURE - AGENTS
• Under-performance
• Compensation on termination
• Restrictions on post-termination activity
• Damage to Principal’s profile• Damage to Principal’s profile
• Lost opportunity
THE PRICE OF FAILURE - DISTRIBUTORS
• Loss of market share
• Exposure of Intellectual Property
• Potential damage to your Brand
• Possibility of compensation• Possibility of compensation
• Potential loss of market good-will
• Post-Agreement competition
SOME TIPS
• Market entry is best undertaken as a project
• Every good project needs a Plan
• Roles & resources are inevitably going to be factors
• Research is critical to your success• Research is critical to your success
• Be clear about the reason for a market visit
• Stick to your partner selection process
• Make sure your team is in agreement
• You may need to review some issues several times
• Some issues could make your project ‘no go’
CONCLUSION
• Negotiate your terms with clarity and purpose
• Put the agreement in writing
• Avoid uncertainty- deal with all points
• Take legal advice• Take legal advice

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Managing an agent and distributor

  • 2. OPTIONS FOR EXPORT MARKET ENTRY • Agents • Distributors • Selling Direct and Using Your Own Resources • Trade Fairs • Franchising • Licence Agreements • Joint Ventures • Export Houses • Government contracts • Buying Houses
  • 3. LET’S LOOK AT AGENTS & DISTRIBUTORS • Differences between agents and distributors • What will they do for our business ? • Where and how can we find them ? • The interview process• The interview process • Appointment – the legal contract • Communication and cultural issues • Motivation • Monitoring and evaluating performance
  • 4. WHAT IS A DISTRIBUTOR ? • Independent contractor who purchases goods for resale • Usually takes legal title to the goods • Buying from a business and selling for own account at prices that are calculated for the distributor’s own benefitprices that are calculated for the distributor’s own benefit • A distributor is a business Partner
  • 5. WHAT IS AN AGENT ? • Marketing or sales agent - seeks orders on behalf of a client (‘the Principal’) in return for an agreed commission on each order • The agent is briefed on appropriate prices and terms and then approaches businesses within a designated areathen approaches businesses within a designated area • The agent legally binds the business they represent to any contract they sign for product orders • An agent never owns the goods he is selling and to all intents and purposes is just an extension of the Principal • An agent is a business Partner
  • 6. ADVANTAGES OF A DISTRIBUTOR • Has an established presence in the market • You can rely on their expertise • You delegate the distribution and selling functions to them • The financial risk is largely theirs• The financial risk is largely theirs • Your investment is negligible • May simply be the most appropriate method of getting goods to market
  • 7. ADVANTAGES OF A DISTRIBUTOR • Has an established presence in the market • You can rely on their expertise • You delegate the distribution and selling functions to them • The financial risk is largely theirs• The financial risk is largely theirs • Your investment is negligible • May simply be the most appropriate method of getting goods to market
  • 8. DISADVANTAGES OF A DISTRIBUTOR • Little control can be imposed once goods have become the property of the distributor - you cannot dictate the customers they sell to or the prices they charge • A distributor’s time may be split across many product lineslines • Any lack of commitment on your part will inevitably result in a similar lack of commitment on their part • If the sales potential is high your distributor may not have the presence to exploit it • Some countries have legislation that can provide for rights to compensation on termination of agreement
  • 9. ADVANTAGES OF AGENTS • You retain absolute control of marketing and advertising, including pricing and the terms and conditions of sale • You maintain direct contact with your customers • An agent’s commission is based on a percentage of net sales so that remuneration is directly linked tosales so that remuneration is directly linked to performance • You obtain the services of an experienced local national and benefit from his market knowledge • Your investment is negligible
  • 10. DISADVANTAGES OF AGENTS • You usually retain the financial risk arising from sale of goods • Within the EEA, agents have a right to compensation or indemnity upon termination of the relationship • Agents take less responsibility than distributors so your responsibilities are correspondingly greaterresponsibilities are correspondingly greater • Agent’s time usually split between you and other exporters • If sales are not forthcoming, agent may not make an effort to promote your product • If there is great potential, agent may not have resources to exploit this
  • 11. HOW CAN YOU FIND THEM ? • Advertise in the trade press and use the Internet • Ask your suppliers and potential customers • Ask professional associations in your target market • Ask other exporting companies selling complementary products • Advertise at Trade Fairs • Do your own market research, contacting, long/short listing and qualification of prospects • Commission a ‘Partner’ search from a Government support agency or a private export consultancy • ALWAYS try to shortlist and interview several prospects (be wary of sole candidates and unsolicited offers)
  • 12. QUESTIONS TO ASK A POTENTIAL PARTNER • How long have you been established ? • Do you specialise in any particular sector or customer segment ? • What is your turnover ? • What is your share of the market ? • How many active accounts do you have ? • How many staff do you have ?
  • 13. QUESTIONS TO ASK A POTENTIAL PARTNER • Will I have direct contact with your sales staff ? • How big is the territory that you cover ? • What office/storage facilities do you have ? • What product ranges do you already carry ?• What product ranges do you already carry ? • How many principals do you already work for ?
  • 14. WORKING WITH OTHER CULTURES Look out for differences in: • Communication style • How things are managed • Leadership and management• Leadership and management • Approach to risk • Reaching decisions • Negotiating style
  • 15. MOTIVATING, TARGETS, MONITORING & EVALUATING • Rigorous interview and selection process • Frank and open negotiation of objectives • Terms and conditions of the legal agreement • Introducing a trial period• Introducing a trial period • Setting realistic targets and incentives • Monthly/quarterly activity reports • Annual review of performance
  • 16. MOTIVATING, TARGETS, MONITORING & EVALUATING • Clear definition of responsibilities • Speedy implementation of corrective action • ‘End user’ comfort analysis • Sharing of supply-chain monitoring report • Effective communication and use of IT • Keeping control • Annual senior review meeting
  • 17. MOTIVATING, TARGETS, MONITORING & EVALUATING • Annual price review • Product orientation training • Regular face to face meetings • Periodic strategy review • Measurement of partner benefit from Agreement• Measurement of partner benefit from Agreement • Level of integration • Must be a ‘Two Way Street’
  • 18. THE PRICE OF FAILURE - AGENTS • Under-performance • Compensation on termination • Restrictions on post-termination activity • Damage to Principal’s profile• Damage to Principal’s profile • Lost opportunity
  • 19. THE PRICE OF FAILURE - DISTRIBUTORS • Loss of market share • Exposure of Intellectual Property • Potential damage to your Brand • Possibility of compensation• Possibility of compensation • Potential loss of market good-will • Post-Agreement competition
  • 20. SOME TIPS • Market entry is best undertaken as a project • Every good project needs a Plan • Roles & resources are inevitably going to be factors • Research is critical to your success• Research is critical to your success • Be clear about the reason for a market visit • Stick to your partner selection process • Make sure your team is in agreement • You may need to review some issues several times • Some issues could make your project ‘no go’
  • 21. CONCLUSION • Negotiate your terms with clarity and purpose • Put the agreement in writing • Avoid uncertainty- deal with all points • Take legal advice• Take legal advice