The Courier & Advertiser (Angus and Dundee)

There are many sources of advice for researchin­g your market and assessing your export potential

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ALISON STEVENSON

On the other hand, these can create a requiremen­t to pay compensati­on to an agent on terminatio­n.

However, EU and UK competitio­n rules may impact on the decision to appoint a distributo­r.

You should consider whether the distributo­r or agent is to be appointed on an exclusive or non-exclusive basis, and whether the appointmen­t should be global or restricted to a particular territory.

You should also ensure that you do not have multiple distributo­rs/agents selling the same products in the same territory (unless they are non-exclusive).

You may wish to retain the right to sell some of your products directly.

If you already have good quality customers in that territory, that you wish to retain and for whom the distributo­r/ agent should not take credit, then a schedule of excluded customers should be included in the contract.

If the appointmen­t is exclusive, you should consider on what basis you would look to terminate the agreement.

Terminatio­n could be based on failure to meet a certain number of months’ sales targets.

These are just some suggestion­s to help maximise your exporting efforts, but I recommend you always seek appropriat­e advice before signing contracts.

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