Distributing Foreign Products In The United States
David L. Hayutin and Edward A. Perron
Price: $95.00 300 pages. 1 Looseleaf Volume. Appendices. Index. Includes Forms on Diskette. Updated annually or when needed. Published Dec 2000
ISBN-13: 978-1-57823-168-3 / ISBN-10: 1-57823-168-X
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Chapter I - Distribution of Products in the United States
1.01 Entering the United States Market
1.02 An Overview of Product Distribution in the United States
1.03 Selecting a Method of Distribution
1.04 Locating and Selecting a Distributor or Sales Representative
1.05 Structuring the Relationship with the Distributor or Sales Representative
1.06 Making Arrangements with Distributors and Sales Representatives and for After- Sale Servicing of Products
Chapter 2 - Methods of Distributing Foreign Products in the United States
2.01 Introduction
2.02 Establishing a Branch in the United States
[1] Advantages of Establishing a Branch
[2] Disadvantages of Establishing a Branch
[a] Supplier Must Qualify to Do Intrastate Business
[b] Supplier Becomes Subject to Significant Tax Consequences
[c] Supplier Becomes Subject to State and Federal Jurisdiction
[3] Establishing a "Liaison" or "Representative" Office
2.03 Establishing a United State Subsidiary to Act as Distributor
[1] Advantages of Establishing a United States Subsidiary to Act as Distributor
[2] Disadvantages of Establishing a United States Subsidiary to Act as Distributor
2.04 Entering into a Joint Venture with a United States Firm to Distribute Products in the United States
2.05 Engaging Independent Distributors or Sales Representatives
[1] Advantages of Engaging Independent Distributors or Sales Representatives
[2] Disadvantages of Engaging Independent Distributors or
Sales Representatives
[3] Avoiding the Creation of a Franchise
[4] Protecting Trademarks and Servicemarks vii
Chapter 3 - The Distribution Agreement
3.01 Use Written Distributorship Agreements
3.02 General Considerations
3.03 Forms and Purposes of the Preamble
3.04 Recitals and Definitional Provisions
3.05 Provisions Relating to the Appointment of the Distributor
3.06 Provisions Regarding Sales of Products by the Supplier to the Distributor
[1] Sample Provision Requiring the Distributor to Provide
Estimates of its Future Purchasers
[2] Sample Provision Regarding the Distributor’s Orders
for Products
[3] Sample Provision Requiring Regular Submission of
Periodic Orders
[4] Sample Minimum and Other Special Order Provisions
[5] Sample Provision for Acceptance of Orders
[6] Pricing Provisions
[7] Provisions for Transfer of Title and Risk of Loss
[8] Payment Provisions
[9] Provisions Limiting the Supplier’s Liability for Late or
Non Delivery of Products
[10] Warranty Provisions
[11] Provisions Relating to Product Liability and Insurance
[12] Provisions Giving the Supplier the Right to Discontinue
or Alter Products
3.07 Provisions Relating to the Distributor’s Responsibilities
3.08 Provisions Relating to Confidentiality and the Relationship
of the Parties
3.09 Provisions Relating to Trademarks, Advertising,
Warnings Instructions and Product Information
Provisions Relating to the Term and Termination
of the Agreement
3.11 Miscellaneous Provisions
[1] Standard Provisions
[2] Special Provisions Dependent Upon the Nature
of the Agreement
Chapter 4 - The Sales Representative Agreement
4.01 Use Written Sales Representation Agreements
4.02 General Considerations
4.03 Forms and Purposes of the Preamble
4.04 Recitals and Definitional Provisions
4.05 Provisions Relating to the Appointment of the Representative
4.06 Provisions Relating to the Representative’s Acceptance of
the Appointment and to Its Responsibilities
4.07 Provisions Relating to the Compensation to Be Paid to
the Representative
[1] Designating the Sales on Which a Commission Is to Be Paid
[2] Designating the Time at Which the Commission Is to Be Paid
[3] Providing for Commissions on Sales Where the Supplier
Is Not Paid in Full by the Purchaser
[4] Sample Provisions Relating to Compensation of
the Representative
[5] Considerations Respecting the Rate of the Commissions,
Minimum Commissions and Advances
4.08 Provisions Relating to Confidentiality and Property
Rights in Records
4.09 Provisions and Other Considerations Relating to the
Relationship of the Parties
4.10 Provisions Relating to Trademarks and Advertising
4.11 Provisions Relating to Training
4.12 Provisions Relating to Product Warranties
4.13 Provisions Relating to the Term and Termination of
the Agreement
4.14 Payment of Commissions After Termination of the Agreement
4.15 Miscellaneous Provisions
[1] Standard Provisions
[2] Specialized Provisions Dependent upon the Nature of
the Agreement
Chapter 5 - Warranties and Service on Products
5.01 Warranties Extended to the Ultimate Purchasers of
Consumer Products
5.02 Arranging for Service of Products
Forms
Form 1: Sample Distributorship Agreement
Form 2: Sample Sales Representative Agreement
Form 3: Sample Limited Two Year Warranty on Receiver and Speaker Equipment
Form 4: Sample Limited One Year Warranty on video Equipment Purchased
for Non-Commercial, Personal, Family or Household Use
Form 5: Sample Warranty on Video Equipment Purchased for Commercial,
Industrial or Professional Use
Form 6: Sample Service Depot Agreement
Source Materials
Item 1: Guides for Advertising Allowances and Other Merchandising
Payments and Services (16 C.F.R. Part 240)
Item 2: Text of Magnuson-Moss Consumer Warranty-Federal Trade Commission
Improvement Act (15 U.S.C. § 2301 et seq.)
Item 3: Text of Revenue Ruling 87-41
Item 4: Text of United Nations Convention on Contracts for the
International Sale of Goods