I. | MAJOR PROVISIONS OF AN EXPORT MARKETING AGREEMENT: |
| | A. Identification of Parties to the Agreement |
| | B. Effective Date of the Agreement |
| | C. Termination of the Agreement: |
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| 1. | Items covered: Termination on a specific date, termination upon written notice, and termination "for cause". |
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| | D. Sales Territory, Products and Restrictions: |
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| 1. | Items covered: Country or geographical area, and sole and exclusive rights. |
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| | E. Identification of Products |
| | F. Types of Sales Excluded from the Agreement: |
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| 1. | Items covered: House accounts, Original Equipment Manufacturers (OEMs),
and will you allow the sale of competitive or complementary products? |
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| | G. Pricing of Products: |
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| 1. | Items covered: Currency and prices quoted in agreement, sales commission and discounts, notification of price changes, order acceptance, shipping and delivery of merchandise, and penalties for late delivery. |
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| H. Payment Terms |
| I. Inventory Stocking Requirements: |
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| 1. | Items covered: Stocking requirements for spare parts and components, minimum size of orders, and repurchase of slow moving items. |
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| | J. Warranty Agreement: |
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| 1. | Items covered: Warranty period, place of warranty work, products covered, improper use, outside suppliers, inventory maintenance, design changes, advice of warranty, assignment of warranty, hold harmless clause, and force majeure. |
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| | K. After-Sale Service |
| | L. Emergency Trips by Service Representatives: |
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| 1. | Items covered: Sufficient advance notice, length of stay in territory, payment of expenses for emergency trips, and special treatment for new representatives. |
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| | M. Training Programs for Export Sales Representatives |
| | N. Information to the Provided by Parties to the Agreement: |
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| 1. | Items covered: Sales projections, competitive activities reports, political climate reports and provision of contact information on customers within export markets. |
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| | O. Force Majeure |
| | P. "Hold Harmless" Statement |
| | Q. Settlement of Disputes |
| | R. Cancellation of All Previous Agreements and Assignment of Agreement.
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| II. | REVIEW AND LEGAL APPROVAL OF THE AGREEMENT: |
| | A. Questions to ask yourself about the export marketing agreement. |
| | B. Is the agreement mutually beneficial to both parties? |
| | C. Would you sign the agreement if you were the export sales representative? |
| | D. Present the agreement to a qualified international attorney for final approval.
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| III. | SAMPLE EXPORT MARKETING AGREEMENTS: |
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| A. | Sample Contract: Distributor Agreement
Used when: Representative takes title and physical possession of goods. | | B. | Sample Contract: Agency Agreement
Used when: Representative does not take title and physical possession of goods. | | C. | Sample Contract: Consignment Agreement
Used when: Goods are shipped to the export sales representative without prior payment so that they will be available for immediate delivery to the customer - after which the agent pays the exporter. | | D. | Sample Contract: Product Warranty Agreement | | E. | Sample Contract: Confidentiality Agreement |
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Who should take this course: Sales and marketing executives, export management
consultants, export sales agents, export management companies, college educators,
export trainers, government officials, and entrepreneurs seeking a new career.
Available: Available NOW for registration. Estimated completion time: 4 to 8 hours.
Tuition: $195.00 at time of registration. To register, 
To learn about educational discounts, volume pricing, licensing and re-labeling
arrangements, contact the Export Institute USA at (952) 943-1505.
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