Warning - Check Out Foreign Reps and Distributors

What to know before signing a contract

by John Norton

 

Does the following scenario sound familiar? An American company exhibits at a U.S. trade show. The booth is visited by a number of foreigners. Some are well dressed, know the industry and -- most important -- speak English. They ask for exclusive distribution rights for the American product.

The American marketing manager attempts to check out the foreign company through industry sources and credit checks. Some information results. A lengthy questionnaire is sent but never returned. Meanwhile, the foreign company clamors for a contract. It points out that important sales are being lost by delay. The American company has its hands full worrying about the U.S. market. It agrees to give distribution rights on a trial basis to the foreign company. The new distributor begins to buy. The American company is pleased at the Additional" sales it has generated overseas. Sales volume grows. A distribution agreement is signed for a longer period.

Sometime thereafter -- months or years -- the American manager has occasion to visit the foreign country. The distributor is covering only a fraction of the market. Sales of the American product are increasing but market share is declining, because the competition knows what it is doing. The American product represents a small and unimportant part of the distributor's business. Other local companies could have done a far better job of sales, promotion, and distribution.

Here is a checklist for avoiding some of these mistakes.

1. Estimate market size and market potential. I am amazed at the number of companies that make overseas distribution commitments with only the vaguest idea of the market. If the market is vital, it is worth an investment in market research.

2. Rank overseas markets. Some markets can be set up by mail. Some are so important that you must visit them before picking a distributor. The key question: what is the cost of a mistake in terms of lost sales, lost market access and time wasted?

3. Determine the key elements of market success. You know your business and your products. What (exactly) will it take to succeed in this market? How well does the competition do these things? Product quality? Number of salespeople? Low-cost distribution? Customer service? Product image? Each product or service has a different profile. Each market can be different. Who are the customers? Exactly what do they demand? Can you and the distributor supply? How much will it cost to do these things better than the competition in this market?

4. Set some specific written goals for the market. Dollar sales? Market share? Remember that goals must be specific and measurable.

5. Construct an "ideal distributor" profile. Based on your goals and on the key elements of success, write down your requirements for an "ideal" distributor.

6. Determine the ability of the potential distributor to cover the market, geographically, by market segments and distribution channel. Who are the distributor's existing competitors? How big is the sales force? Do the salespeople know how to sell?

7. Find out the nature of the distributor's business. How does the company (really) makes its profits? Does it handle competing lines? What is the company's own business strategy?

8. Estimate the importance of your business to the distributor. What profits can the distributor expect to make from your line? For how long? If you compare this to the rest of the company's business, you will get a good estimate of the effort this distributor will expend. Remember the story of the distributor who signed agreements with two competing rental car companies so he could push only one?

9. Determine markups or commissions current in the market. What will distributors expect? What will this do to the price of the product?

10. Think about physical distribution. Should it be combined with sales, or separated? Should it be under your control, or the distributor's? What are customs duties and other barriers of entry?

11. Ask the distributor specifically what he can do for your product. Ask for sales estimates. Hold the distributor to these (flexibly). What other support -- promotion, warehousing service -- can the distributor provide?

12. Look closely at your company's commitment to the distributor. Estimate the cost of support and motivation, communication and travel, promotion, product modification, distributor training. Does your company really have the necessary commitment, resources and flexibility to deal with market and cultural requirements?

13. Check the company's financial standing. This is what everyone thinks of first. It is only one of many issues. Sometimes it is difficult to determine.

14. Know the distributor's local reputation. In some countries this may be the best indicator of reliability. Use the telephone or a visit to check the company's reputation with customers, with suppliers, with others in the industry -- even competitors.

15. Be aware of possible parallel distribution. In some markets antitrust laws prohibit exclusive distributorships. Some countries are famous for informal, uncontrolled "gray market" distribution of products bought in the home market or in third countries. Be sure potential distributors understand the practical limits on your ability to police exclusive arrangements.

16. Know local laws of termination. In some countries it is very hard/expensive to get out of a distributor or agency arrangement.

17. Anticipate external events. Multinational corporations report that 70% of their profits are dependent on economic or political changes outside their control (exchange rates, protectionism, changes in demand, raw material, labor cost, etc.). Look outside your industry to identify factors that might trip you up.


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Date Updated: June 11, 2010




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