The advantages of direct exporting for a company include more control over the export
process, potentially higher profits, and a closer relationship to the overseas buyer and
marketplace. These advantages do not come easily, however, since the company needs to
devote more time, personnel, and corporate resources than are needed with indirect
exporting.
When a company chooses to export directly to foreign markets, it usually makes internal
organizational changes to support more complex functions. A direct exporter normally
selects the markets it wishes to penetrate, chooses the best channels of distribution for
each market, and then makes specific foreign business connections in order to sell its
product. The rest of this chapter discusses these aspects of direct exporting in more
detail.
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Organizing for exporting
A company new to exporting generally treats its export sales no differently from
domestic sales, using existing personnel and organizational structures. As international
sales and inquiries increase, however, the company may separate the management of its
exports from that of its domestic sales.
The advantages of separating international from domestic business include the
centralization of specialized skills needed to deal with international markets and the
benefits of a focused marketing effort that is more likely to lead to increased export
sales. A possible disadvantage of such a separation is the less efficient use of corporate
resources due to segmentation.
When a company separates international from domestic business, it may do so at
different levels in the organization. For example, when a company first begins to export,
it may create an export department with a full or part-time manager who reports to the
head of domestic sales and marketing. At later stages a company may choose to increase the
autonomy of the export department to the point of creating an international division that
reports directly to the president.
Larger companies at advanced stages of exporting may choose to retain the international
division or to organize along product or geographic lines. A company with distinct product
lines may create an international department in each product division. A company with
products that have common end users may organize geographically; for example, it may form
a division for Europe, another for the Far East, and so on. A small company's initial
needs may be satisfied by a single export manager who has responsibility for the full
range of international activities. Regardless of how a company organizes for exporting, it
should ensure that the organization facilitates the marketer's job. Good marketing skills
can help the firm overcome the handicap of operating in an unfamiliar market. Experience
has shown that a company's success in foreign markets depends less on the unique
attributes of its products than on its marketing methods.
Once a company has been organized to handle exporting, the proper channel of
distribution needs to be selected in each market. These channels include sales
representatives, agents, distributors, retailers, and end users.
Sales representatives
The representative uses the company's product literature and samples to present the
product to potential buyers. A representative usually handles many complementary lines
that do not compete. The sales representative usually works on a commission basis, assumes
no risk or responsibility, and is under contract for a definite period of time (renewable
by mutual agreement). The contract defines territory, terms of sale, method of
compensation, reasons and procedures for terminating the agreement, and other details. The
sales representative may operate on either an exclusive or a nonexclusive basis.
Agents
The widely misunderstood term agent means a representative who normally has authority,
perhaps even power of attorney, to make commitments on behalf of the firm he or she
represents. Firms in the developed countries have stopped using the term and instead rely
on the term representative, since agent can imply more than intended. Any contract should
state whether the representative or agent does or does not have legal authority to
obligate the firm.
Distributors
The foreign distributor is a merchant who purchases merchandise from an exporter (often
at substantial discount) and resells it at a profit. The foreign distributor generally
provides support and service for the product, relieving the export company of these
responsibilities. The distributor usually carries an inventory of products and a
sufficient supply of spare parts and maintains adequate facilities and personnel for
normal servicing operations. The distributor typically carries a range of noncompetitive
but complementary products. End users do not usually buy from a distributor; they buy from
retailers or dealers.
The payment terms and length of association between the export company and the foreign
distributor are established by contract. Some export companies prefer to begin with a
relatively short trial period and then extend the contract if the relationship proves
satisfactory to both parties.
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Foreign retailers
A company may also sell directly to a foreign retailer, although in such transactions,
products are generally limited to consumer lines. The growth of major retail chains in
markets such as Europe and Japan has created new opportunities for this type of direct
sale. The method relies mainly on traveling sales representatives who directly contact
foreign retailers, although results may be accomplished by mailing catalogs, brochures, or
other literature. The direct mail approach has the benefits of eliminating commissions,
reducing traveling expenses, and reaching a broader audience. For best results, however, a
firm that uses direct mail to reach foreign retailers should support it with other
marketing activities.
Manufacturers with ties to major domestic retailers may also be able to use them to
sell abroad. Many large retailers maintain overseas buying offices and use these offices
to sell abroad when practicable.
Direct sales to end users
A business may sell its products or services directly to end users in foreign
countries. These buyers can be foreign governments; institutions such as hospitals, banks,
and schools; or businesses. Buyers can be identified at trade shows, through international
publications, or through government contact.
The company should be aware that if a product is sold in such a direct fashion, the
exporter is responsible for shipping, payment collection, and product servicing unless
other arrangements are made. Unless the cost of providing these services is built into the
export price, a company could end up making far less than originally intended.
Locating foreign representatives and buyers
A company that chooses to use foreign representatives may meet them during overseas
business trips or at domestic or international trade shows. There are other effective
methods, too, that can be employed without leaving the country. Ultimately, the exporter
may need to travel abroad to identify, evaluate, and sign overseas representatives;
however, a company can save time by first doing homework at home. Methods include use of
banks and service organizations, and publications.
Contacting and evaluating foreign representatives
Once the company has identified a number of potential representatives or distributors
in the selected market, it should write directly to each. Just as the firm is seeking
information on the foreign representative, the representative is interested in corporate
and product information on the export firm. The prospective representative may want more
information than the company normally provides to a casual buyer. Therefore, the firm
should provide full information on its history, resources, personnel, the product line,
previous export activity, and all other pertinent matters. The firm may wish to include a
photograph or two of plant facilities and products or possibly product samples, when
practical. (Whenever the danger of piracy is significant, the exporter should guard
against sending product samples that could be easily copied.)
A firm should investigate potential representatives of distributors carefully before
entering into an agreement. See table 4-1 below for an extensive checklist of factors to
consider in such evaluations. In brief, the firm needs to know the following points about
the representative or distributor's firm:
- Current status and history, including background on principal officers.
- Personnel and other resources (salespeople, warehouse and service facilities, etc.).
- Sales territory covered.
- Current sales volume.
- Typical customer profiles.
- Methods of introducing new products into the sales territory.
- Names and addresses of firms currently represented.
- Trade and bank references.
- Data on whether the exporting firm's special requirements can be met.
- View of the in-country market potential for the exporting firm's products. This
information is not only useful in gauging how much the representative knows about the
exporter's industry, it is also valuable market research in its own right.
A company may obtain much of this information from business associates who currently
work with foreign representatives. However, exporters should not hesitate to ask potential
representatives or distributors detailed and specific questions; exporters have the right
to explore the qualifications of those who propose to represent them overseas.
Well-qualified representatives will gladly answer questions that help distinguish them
from less-qualified competitors.
In addition, the company may wish to obtain at least two supporting business and credit
reports to ensure that the distributor or representative is reputable. By using a second
credit report from another source, the firm may gain new or more complete information.
Reports are available from commercial firms.
Commercial firms and banks are good sources of credit information on overseas
representatives. They can provide information directly or from their correspondent banks
or branches overseas. Directories of international companies may also provide credit
information on foreign firms.
If the company has the necessary information, it may wish to contact a few of the
foreign firm's domestic clients to obtain an evaluation of their representative's
character, reliability, efficiency, and past performance. To protect itself against
possible conflicts of interest, it is also important for the firm to learn about other
product lines that the foreign firm represents.
Once the company has qualified some foreign representatives, it may wish to travel to
the foreign country to observe the size, condition, and location of offices and
warehouses. In addition, the company should meet the sales force and try to assess its
strength in the marketplace. If traveling to each distributor or representative is
difficult, the company may decide to meet with them at local and worldwide trade shows.
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Negotiating an agreement with a foreign representative
When the company has found a prospective representative that meets its requirements,
the next step is to negotiate a foreign sales agreement.
The potential representative is interested in the company's pricing structure and
profit potential. Representatives are also concerned with the terms of payment, product
regulation, competitors and their market shares, the amount of support provided by the
exporting firm (sales aids, promotional material, advertising, etc.), training for sales
and service staff, and the company's ability to deliver on schedule.
The agreement may contain provisions that the foreign representative
not have business dealings with competitive firms (this provision may cause problems in
some European countries and may also cause problems under U.S. antitrust laws);
not reveal any confidential information in a way that would prove injurious,
detrimental, or competitive to the exporting firm;
not enter into agreements binding to the exporting firm; and
refer all inquiries received from outside the designated sales territory to the
exporting firm for action.
To ensure a conscientious sales effort from the foreign representative, the agreement
should include a requirement that the foreign representative apply the utmost skill and
ability to the sale of the product for the compensation named in the contract. It may be
appropriate to include performance requirements such as a minimum sales volume and an
expected rate of increase.
In the drafting of the agreement, special attention must be paid to safeguarding the
exporter's interests in cases in which the representative proves less than satisfactory.
It is vital to include an escape clause in the agreement, allowing the exporter to end the
relationship safely and cleanly if the representative does not work out. Some contracts
specify that either party may terminate the agreement with written notice 30, 60, or 90
days in advance. The contract may also spell out exactly what constitutes just cause for
ending the agreement (e.g., failure to meet specified performance levels). Other contracts
specify a certain term for the agreement (usually one year) but arrange for automatic
annual renewal unless either party gives notice in writing of its intention not to renew.
In all cases, escape clauses and other provisions to safeguard the exporter may be
limited by the laws of the country in which the representative is located. For this
reason, the exporting firm should learn as much as it can about the legal requirements of
the representative's country and obtain qualified legal counsel in preparing the contract.
These are some of the legal questions to consider:
How far in advance must the representative be notified of the exporter's intention to
terminate the agreement? Three months satisfy the requirements of most countries, but a
verifiable means of conveyance (e.g., registered mail) may be needed to establish when the
notice was served.
What is just cause for terminating a representative? Specifying causes for termination
in the written contract usually strengthens the exporter's position.
Which country's laws (or which international convention) govern a contract dispute?
Laws in the representative's country may forbid the representative from waiving its
nation's legal jurisdiction.
What compensation is due the representative on dismissal? Depending on the length of
the relationship, the added value of the market the representative has created for the
exporter, and whether termination is for just cause as defined by the foreign country, the
exporter may be required to compensate the representative for losses.
What must the representative give up if dismissed? The contract should specify the
return of patents, trademarks, name registrations, customer records, and so on.
Should the representative be referred to as an agent? In some countries, the word agent
implies power of attorney. The contract may need to specify that the representative is not
a legal agent with power of attorney.
In what language should the contract be drafted? An English-language text should be the
official language of the contract in most cases.
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