unit_7对话_agency要点.ppt

Agency * Introduction When people do business, they often deal with each other directly Buyer ? ? Seller However, sometimes they deal with each other using a “middleman” (or representative or intermediary) Buyer ? Middleman ? Seller * Definition of Agency The legal term for a middleman or representative is an agent The person who is represented by the agent is called the principal Therefore, in our example Buyer ? Middleman ? Seller If the middleman represents the buyer Principal(委托人） ? Agent ? Seller * Definition of Agency Definition: An agent is a person who is authorized to represent another person, who is called the principal. The agent creates a legal relationship between the principal and a third party. * Why do we need an agent? To obtain good knowledge of the local condition and of the market in which he operates. * The major types of agents 1.General agent A general agent may be a firm or a person who acts under some degree of instructions from his principals to sell (or to buy) goods on the best terms obtainable. He charges a “commission” for his services under some kind of agreement or contract. 一般代理 * 2. Sole (exclusive) agent Sole agent (exclusive agent): similar to general agent, a sole agent may be a firm or a person who acts exclusively for one foreign principal with exclusive ( or sole) agency rights to sell on a commission basis certain commodities in a certain area under some kind of agreement or contract. 独家代理 * 独家代理是排他的，一般代理是非排他的。也就是说一般代理的情况下其他人也可以从事同样的代理业务；独家代理则在一定得时间和空间范围内，排除其他人从事同样代理业务的权利。 * What should we know about a prospective agent? a) his reliability and financial soundness b) his market connections c) his technical ability to handle the goods to be marketed. d) the nature and extent of other agencies they may hold, and in particular, whether they are connected with the sales of competing products. * What does a sole agency agreement usually covered？ a）names of the parties co