2Contents1. Revision2. New Lecture3. Useful Expressions4. Exercises
3Teaching Goals By learning this unit, you are supposed to be able to: Understand the importance of agency.Know the basic knowledge and types aboutagency.3. Write letters to talk about agency.
4Revision 1. faulty packing 2. take delivery of 3. at one’s disposal I. Translate the following phrases from English to Chinese or vice versa.1. faulty packing2. take delivery of3. at one’s disposal4. inferior quality5. lodge a claim against sb.6. 短装7. 野蛮装卸8. 装运延误9. 鉴于10. 调查
5II. Sentence Translation. 1. Much to our regret, the size and shape of the goods we received are not in conformity with what we ordered. We, therefore, must ask for replacement by the correct goods as soon as possible.2. As the quality of your shipment for our Order No.586 is not in compliance with the agreed specifications, we cannot but file a claim against you.
63. After going into the matter carefully, we estimate that the damage might be due to rough handling in transit or during unloading.4. Please hold the broken items for possible insurance inspection. We have lodged a claim with our insurer for the loss. We apologize for the inconvenience.5. As you consider our proposals unsatisfactory, we suggest that the matter be submitted to arbitration.
10Importance of AgencyAgencies and agents are indispensable to international business because a vast amount of international trade is handled not only by direct negotiation between buyers and sellers but also by means of agencies. Although many large corporations have their subsidiaries or sales companies established in foreign countries, it is still convenient for companies, esp. small ones, to engage in international business through agents. For example, if a company wants to open up a market in a certain area too distant to be effectively covered by the company itself, then it can employ an agent to help sell its products.
11Main types of agenct General agent (Commission agent) A general agent may be a firm or a person who acts under some degrees of instructions from his principals to sell (or to buy) goods on the best terms obtainable. He changes a “commission” for his service under some kind of agreement or contract.
132. Sole agent (Exclusive agent) A sole agent may be a firm or a person who acts exclusively for one foreign principal with sole or exclusive agency rights to sell on a commission basis certain commodities in a certain districts under some kind of agreement or contract.
15Other types of agent with varying degrees of authority Brokers（经纪人）, who negotiate sale and purchase contract for buyers and sellers, without rights of their own in the goods.Factors（包销代理人）, who have authority to sell in their own name for principal, to receive payment, and to sell at times and prices, which they consider advisable.Fruits, agricultural products and raw materials are often handled by Factors and Brokers.
16Forwarding agents（运输代理人）, who carry out all the duties connected with collecting and delivering the goods. The services of forwarding agents are particularly valuable in foreign trade because of the complicated arrangements that have to be made. Usually import and export corporations always authorize CNFTTC (China National Foreign Trade Transportation Corporation) to make all export shipping arrangements. The corporations will pay a certain amount of service charge to CNFTTC. But an import corporation may appoint one or two forwarding agents in some foreign countries, who act under some kind of agreement or contract, to arrange shipment of the goods to be imported according to instructions given.
17Agency AgreementThe agency agreement, which should be in written form, generally includes the following contents:The nature and duration of the agency.The territory to be covered.The duties of the agent and principal.Details of commission and expenses to be allowed.The law of the country by which the agreement is governed.The sending of reports, accounts and payments.The arrangements of arbitration in the event of disputes.
18Responsibilities of the agent Serve the principal as an agent on the terms of the agreement between them with all due and proper diligence.Maintain and provide necessary facilities at his own expense.Pass all marketing information to the principal.Comply with all laws and regulations in the territory.Keep confidential to the principal, not disclose any useful information to any third party.Not to act outside the territory.
19Responsibilities of the principal Supply to the agent free of charge a reasonable quantity of sales literature.Supply necessary models or samples relating to the products.Not submit offers or effect sales in the territory without the agent’s consent.Responsibility to pay for the necessary expenses of the agent.Pay commission to the agent inaccordance with the agreement.
20Termination of the Agency Relationship A principal agency relationship may terminate in any number of ways. It may terminate under the terms of the agency contract.At times, a change in circumstances can cause an agency to end. Changes in circumstances resulting in termination of the agency include death of the principal or agent, impossibility of performance, and destruction of the subject matter of the agency.The agency relationship may also terminate on the unilateral action of either party.
21Textbook Application for Sole Agency Termination of Agency Agreement Section2Section3Section4Section1Application for Sole AgencyA favourable Reply to the Request for Sole AgencyAn Unfavourable Reply to the Request for Sole AgencyTermination of Agency Agreement
22Section 1 Application for Sole Agency Letter 1Dear Sirs,We understand from B/E Corporation of Kansa City that you are looking for a reliable firm with good connections in the textile trade to represent① you in Brazil.Having had experience in marketing② textiles, we are familiar with③ customers’ needs and are confident we can develop a good market④ for you in Brazil. We have spacious and well equipped showrooms and an experienced staff of sales representatives⑤ who can push your business.We should be pleased to learn that you are interested in our proposal and on what terms you would be willing to conclude an agency agreement⑥.You will naturally wish to have information about us. For this we refer you to the B/E Corporation, who has consented to answer your inquiries as to our financial standing and so on.We hope to hear favourably from you and feel sure that we could come to an agreement as to terms.Yours faithfully，
23Language Points 1. represent v 代理，代表 e.g. We should be glad to know on what terms you would be willing to represent us, also the terms on which business is generally conducted in your country.望告知你方充当代理人的条件及贵国的一般业务条件。2. marketing 市场营销e.g. Marketing includes the development, promotion, pricing and distribution of a product or a service to the customers.市场营销包括对产品或服务的研究开发、促销、定价及流通。3. be familiar with 对熟悉be familiar to sb 为…所熟知e.g. We are quite familiar with the supply position of oils in your country.我们对贵国的石油供应情况很了解。The heavy demand for the goods mentioned above is familiar to you.对上述商品需求量很大为你方所熟知。
24Language Points 4. develop a good market 开发市场 5. sales representatives 销售代表；销售代理e.g. We are very happy to appoint you as out-representative and look forward to a mutually beneficial association.我们很高兴任命你方为我们的业务代表，并期待彼此互利的贸易关系。6. conclude an agency agreement 达成代理协议类似的表达法还有：come to an agreement /reach an agreement
25Section 1 Application for Sole Agency Letter 2Dear Sirs,We are writing to offer our service as a sole agent for your dry wine and beer in Egypt.As you may know, with 10 years’ experience in this line, we are quite familiar with the market and customers’ needs here. Combining the styles and quality of your products which are very much to the taste of our market, we have full confidence in assuring you of an annual turnover① of US$700,000.We believe the sales records of recent years and the long, satisfactory business relations between us will justify that we are entitled to a sole agent in Egypt. A copy of detailed plan for handling your products, our sales channels and promotion② is enclosed for your reference.We await your favorable news.Yours truly,
26Language Points 1. turnover. 营业额，成交量 annual turnover 每年营业额 turnover rate 周转率turnover tax 周转税e.g. According to the usual practice, you are expected to submit to us your annual sales program, i.e. an estimated amount of turnover.按照通常做法，希望你们递交一份年度销售计划，即估计营业额。2. promotion n. (商品的)宣传，推销get(obtain)promotion升级a promotion worker推销员e.g. We will exert our efforts in the sales promotion我们将尽最大努力推销。promote vt. 促进，创办，宣传，推销(商品等)e.g. The company are promoting their new products on television这家公司在电视上宣传他们的新产品。
27Section 1 Application for Sole Agency Letter 3Dear Sirs,We are writing to offer our services as your agent① in Spain. If, however, you are already satisfactorily represented here, please ignore this letter.There is a growing demand here for Chinese textiles, especially printed cotton fabrics②, and the prospects are really excellent for good quality fabrics at competitive prices. As soon as we are in possession of details of your ranges with samples and prices, we shall be in a position to advise you on there suitability for this particular market and to choose qualities that are likely to sell well.With regard to references, you may write to our bank, you may write to our bank, Banco Espanol de Credito③ in Madrid, or to any of our major customers. We are known throughout the trade as agents of the highest integrity④.We look forward to hearing from you and to the possibility of representing you in Spain.Yours faithfully,
28Language Points 1. to offer our services as your agent 提议让我方担当贵公司的代理商 to wish to act as your agent / to apply as your agent / to wish to represent you 请求担当对方的代理商2. printed cotton fabrics 印花棉织品3. Banco Espanol de Credito (西班牙语)银行名称，“西班牙信贷银行”4.. the highest integrity 最高的商业信誉 integrity 意为 “诚实可靠”，“信誉良好”
29Section 2 A favourable Reply to the Request for Sole Agency Letter 1Dear Sirs,We thank you for your letter of the l8th September, offering your service as our agent in your district.After paying careful consideration to① your proposal and investigating your business standing, we have decided to appoint you our agency in the district you defined②, subject to③ the following terms and conditions.Price: All prices shall be quoted on CIF Beijing in U. S. Dollars.Commission④: 4％of our invoice amount for each shipment shall be remitted⑤ to you as your commission only after the indenter’s⑥ account has been fully settled.Payment: The terms of D/P⑦ at sight may be acceptable, though the payment under the Irrevocable and Confirmed L/C⑧ is preferable. The business on D/P terms shall be done if the amount does not exceed U. S. $ 2,000 or its equivalent.We shall he pleased to learn that you are willing to accept the agency on these terms.Yours faithfully,
30Language Points 1. pay consideration to 考虑 e.g. The principle that we are insisting on is to take into consideration our ability to pay when we import goods.我们坚持的原则是，我国进口必须考虑我国的支付能力。2. define vt. 下定义；确定e.g. How would you define a documentary collection?您如何给跟单托收下定义?3. subject to 取决于，在…条件下e.g. Here are our F.O.B. price lists. All the prices in the lists are subject to our confirmation.这是我们的离岸价单.里面所有的价格都以我方确认为准.
31Language Points 4. commission n. 佣金 e.g. A commission on your prices would make it easier for me to promote sales.但我是在佣金的基础上做生意的。你们在价格上提供佣金将 使我推销产品更加容易一些。5. remit vt. 汇寄；免交；暂停一下，放松e.g. We may deduct the commission from the invoice value directly or remit it to you after payment.我们可以直接从发票金额中扣除佣金或在付款后汇给你方。remission n. 减免，免交；减轻（病情），减刑remittance n. 汇寄；汇款6. indenter n. 委托代购人，订货客户7. D/P (document against payment) 付款交单8. irrevocable and confirmed L/C 不可撤销的保兑的信用证
32Section 2 A favourable Reply to the Request for Sole Agency Letter 2Dear Sirs,Further to our letter of 4 October and following our discussion with Mr. Wood about when he called on us on the 23rd, we have decided to offer you an appointment① as our sole agents for Brazil on the terms and conditions agreed with Mr. Wood.The appointment will be for a trial period② of twelve months in the first instance③. We shall pay you a commission of 5％ on the net value of all sales against orders received through you, to which would he added a del credere commission④ of 2-1/2％.If you will confirm these terms we will arrange for a formal agreement to be drawn up and, when this is signed, please prepare a circular for distribution to our customers in Brazil, announcing your appointment as our agents.Yours faithfully,
33Language Points 1. appointment n. 任命；选派 appoint v. 委任；指定 appoint sb as 指派某人为e.g. We appoint you as our sole agent according to the terms mentioned in your letter of September 13, 2002.我们现在同意按你方2002年9月13日来函所提条件，任命你方为我方的独家代理。2. a trial period试用期e.g. I suggest the agency contract should be initially made for a trial period of one year.我建议一开始代理契约的期限为一年。3. in the first instance起初；初期；首先e.g. You should apply in the first instance to the personnel manager.首先，你应向人事经理申请4. del crodere commission保付代理人佣金
34Section 2 A favourable Reply to the Request for Sole Agency Letter 3Dear Sirs,We have read your letter of the 15th May and are favourably impressed① with the proposal you make us . After careful review of our relations and the business achievements we have decided to entrust② you with the sole agency for our “Tiantan” brand Men’s Shirts in the territory of Egypt. We have drawn up③ a draft agreement, which we are sending herewith. Please go over④ the detailed terms and conditions and advise us whether they meet with your approval.Please be assured that we are always anxious to cooperate with you closely with a view to furthering⑤ a mutually beneficial trade.Yours faithfully,Encl.
35Language Points 1. impress v. 留下印象，使发生好的或深刻的印象 e.g. We are favorably impressed by your proposal for sole agency.我们对你们要求担任独家代理的建议印象很好。impression n. 印象e.g. Your first shipment has made a strong impression on the users.你们的第一批货给用户留下了深刻的印象。2. entrust v. 委托，托付entrust sb. with sth. 委托某人做某事entrust sth. to sb. 把某事委托某人e.g. We have entrusted the matter to our representative, who will have a discussion with you.我们已将此事委托我们的代表和你方商谈。
363. draw up v. 草拟e.g. We will draw up the contract for signature tomorrow.我们将拟出合同供明日签署。4. go over v. 研究，检查，审阅e.g. We must go over every clause in the letter of credit before shipment.装运前，我们必须审阅信用证的每一项条款。5. further v. 增加，促进e.g. If you give us the agency, we should spare no efforts to further your interest.如果你方授权我方代理，我们将不遗余力增进你方的利益。
37Section 3 An Unfavourable Reply to the Request for Sole Agency Letter 1Dear Sirs,We thank you for your request of 2 July regarding the sole agency for our woolen sweaters in Sweden.After careful consideration, we think such an arrangement① at this stage rather premature②. We would, however, be willing to engage in a trial collaboration③ with your company to see how robust④ the demand in Sweden is. You would also have to build up a much larger turnover to justify⑤ a sole agency.We enclose our latest price lists covering all the products you are interested in and look forward to hearing from you soon.Truly yours,
38Language Points 1. arrangement n. 办法，计划，准备（用复数形式） e.g. As soon as your L/C arrives, we will make arrangements to ship the goods.你的信用证一到，我们就准备发货。商定的办法e.g. We hope to come an arrangement with you on the question of promoting the sale.关于促销问题，我们希望能和你商定一个办法。We have reached an arrangement with manufacturers.我们已和厂家商妥。2. premature a. 不成熟的，过早的e.g. We think that it would appear premature to discuss your request for our agent.我们认为目前谈论你方作为我方地区代理的要求似乎尚不成熟。mature a. 成熟的 v. 成熟e.g. The opportunity is not yet mature for large-scale trading.做大规模交易的时机尚未成熟。We will discuss this question with you when opportunity matures.我们将在时机成熟时和你方讨论这个问题。
393. collaboration 合作，协作e.g. Our collaboration is over.我们的合作结束了。in collaboration with 与…合作write a book in collaboration with sb.4. robust a. 强健的，茁壮的robust economy 坚实的经济e.g. Investigation indicates that there will be a robust demand here for Chinese make.调查表明当地对中国货需求旺盛。5. justify vt. 证明…是正确的（有道理的）e.g. The market report does not justify your price adjustment.这份市场报告并不能说明你方调价是有理的。
40Section 3 An Unfavourable Reply to the Request for Sole Agency Letter 2Dear Sirs,We are grateful to your enquiry regarding sole agent for the sale of our foodstuff in Finland.After due consideration, we decided not to commit ourselves at this stage, when the record of transaction shows only a moderate① volume② of business.Please do not misinterpret our above remarks. They do not imply dissatisfaction. We are quite satisfied with the amount of business you have done with us. However, we are of the opinion that a bigger turnover must be reached to justify establishing an agency. We think it advisable③ to postpone this matter until your future sales warrant④ such a step.We hope you will appreciate our position and continue giving us your patronage.Yours faithfully,
41Language Points 1. moderate a. 中等的，适度的 e.g. To be frank, we are going to set up a moderate scale joint venture with you.说实话我们希望与贵公司建立一家中型合资企业.2. volume n. 数量，总额；大量，许多e.g. Costs will be reduced because we will produce higher volumes.因为我们加大生产规模，成本将下降。3. advisable a. 可取的，明智的e.g. It is advisable that you should ship the goods ordered by s.s. “Elizabeth”.你们将订货装上“伊丽莎白”号轮为宜。4. warrant v. 证明…正当；成为…的条件或根据e.g. The total volume of business you concluded with us last year was moderate, which does not warrant an agency appointment.去年你方与我方的交易量一般，这还够不上代理所具备的条件。
42Section 3 An Unfavourable Reply to the Request for Sole Agency Letter 3Dear Sirs,We thank you for your letter of 11th September.As we are now only at the get-acquainted stage① we deem② it rather premature to take into consideration③ the matter of sole agency. In our opinion, it would be better for both of us to try out④ a period of cooperation to see how things prove. Also, it would be necessary for you to test the market-ability⑤ of out products at your end and to continue your efforts in building a larger turnover to justify the sole agency arrangement.We enclose two copies of our latest pricelist covering all the products we handle within the frame work of your specialized lines⑥.We shall be pleased to hear from you again.Yours faithfully
43Language Points 1. at the get-acquainted stage 在初交阶段 e.g. As we are only at the get-acquainted stage, we have no intention of considering exclusive sales in your market for the time being.鉴于我们尚处于相互熟悉阶段，我方目前没有意向在你地考虑独家代理事宜。2. deem v. 认为e.g. We deem that a hasty decision is not advisable.我们认为草率地作出这个决定是不明智的。3. take sth. into consideration 考虑某事e.g. The documents produced by you to support the claim for compensation are insufficient. Therefore, we cannot take your claim into consideration.你方为索赔提供的文件不够充分。因此，我们不能考虑你方的索赔。
444. try out v. 试，试用e.g. Please try out our new products.请试试我们的新产品。test v. 试验；为鉴定而进行的测验e.g. You may use every method to test for the properties of our new products.你方可以采取各种方式来测试我们新产品的性能。test n. 试验，检验e.g. The sample has been put to the test before shipment.在装船前，样品已经经过检验。5. market-ability n. 销售可能性e.g. We do not doubt about the market-ability of our hand-embroidered shirts in your district.我们毫不怀疑我们的手绣衬衫在你地区的销售可能性。marketable = saleable a. 可销售的e.g. The goods are not marketable at the price mentioned.按所说的价格，这种货卖不出去的。6. within the frame work of 在…范围内e.g. This line falls within the framework of our business activities.这一商品在我方的经营范围内。
45Section 4 Termination of Agency Agreement Letter 1Termination of an AgencyDear Sirs,We have recently completed an extensive review of our overseas operations① and concluded that it is in our best interest to change our marketing approaching in New York. With considerable regret, we must inform② you that effective June 18, 2010, our exclusive representation agreement③ with Safolly will be terminated④. We feel that the level of sales in New York does not continuing this agreement. Of course, Safolly may continue to purchase products from us at standard, international list price.We have noted further that in order to be competitive⑤, our Merripa D-2 must be sold at the international list price. It has come to our attention⑥, however, that Safolly’s price for the Merripa D-2 is significantly higher, and this is causing us to lose bids to our competitor, Fupian Co.We wish to personally thank you for your effort over the last several years and hope for your continued success.Sincerely yours,
46Language Points 1. overseas operations 海外业务 e.g. Some loans are made to foreign corporations, while others are made to domestic companies for overseas operations.有些贷款贷给外国公司，有些则贷给本国公司以便其在国外经营。2. inform v. 通知e.g. If there is any discrepancy when you re-inspect our goods, could you please inform us in 7 days?在复检中如果发现什么问题.请在7天之内通知我们.3. exclusive representation agreement独家代理协议
47Language Points 4. terminate vt. 终止，结束 e.g. In view of your poor performance in promoting our products, we decide to terminate the contract.鉴于你方在推销我方产品时的不佳表现，我方决定解除合同。5. competitive a. 竞争的e.g. Certainly. We can give you competitive figures.当然.我们可以提供您具有竞争力的价格.6. come to one’s attention 引起……的关注e.g. Your suggestion has come to our attention.我们已经考虑了你的建议
48Section 4 Termination of Agency Agreement Letter 2Announcing Termination of Agency Relation①Dear Sirs,This is to announce that it has been necessary for us to dispense with② the services of Mr. Gabrieel as our agent in your district. Please assist us by forwarding your orders③ direct to our corporation.We hope that you will overcome the inconvenience incidental to④ the absence of our agent in your district.Yours faithfully,
49Language Points 1. announce termination of agency relation 通知解除代理关系 e.g. During the term of operation of the company, neither Party A nor Party B shall be entitled to announcing unilaterally the termination of the contract.公司经营期间，任何一方都无权单方面宣布代理关系的解除。2. dispense with 免除，省却e.g. But this does not mean that we can dispense with international support.但是这不是说我们可以不需要国际援助。3. assist us by forwarding your orders 继续支持我们，提供订单4. incidental to 由于…而引起的（形容词短语作后置定语）e.g. There is something incidental to something else.有些事情是伴随着别的事情的发生而发生的。
52Glossary 3 market report市场报告 world renown 世界声誉 an annual sales 年销售额 engage in 使从事于，参加open up 打开;开发on behalf of 代表……be confined to 限于in touch with 同…….有联系the buying agent 采购代理credit terms 赊销条件
53Glossary 4 del credere commission 货价保付佣金 act as sb’s sole agent 担任代理 handle… as all agent 代理经营offer sb. a sole agency 提出担任独家代理accept an agency for… 接受……代理market products on a commission basis 按佣金方式销售产品authorize sb. to sell…exclusively 授权独家销售……entrust sb. with the sole agency for… 授予独家……代理权investigate sb’s business standing 调查业务状况grant sb. the exclusive selling right for… 授予独家销售权
54Useful ExpressionsI would like to discuss with you the problem of agency for your light industrial products.We wish to handle as an agent the goods you are exporting now, because we are commanding an extensive domestic market in this line.There is a considerable demand for your products here，and we would do our utmost to push the sale on your behalf if you are disposed to entertain our commission rate.
55We are favourably impressed by your proposal for a sole agency We are favourably impressed by your proposal for a sole agency. We have much confidence that we can play an important part as a buying agent in your overseas trade.If you would appoint us as your agent, we could give you a reasonable guarantee to sell US $100,000 a month, because yours is a line we can handle well.Your application for sole agency has been noted. In order to enable us to make a careful study of you proposal, we should like to know the definite quantities you require quarterly or annually, licensing position at your end, your bank reference, your plan to push the sale of our products.
56We appreciate your efforts in pushing the sale of our electronic products. We’d like to suggest a trial period of one year. It is believed that with the sole agency in your hand, you could easily control the market and increase your turnover. If your work turns out satisfactory, the agreement can be renewed on expiry. We shall consider a longer period at that time.As our sole agent (distributor), you are expected neither to handle the same or similar products of other origins nor to reexport our goods to any other areas outside your own. But it has been noted recently that in canvassing for orders you have more than once exceeded the limit of your district. We wish that it wouldn’t happen again as it is against the stipulations in our agreement.
57We have noted your request to act as our agent in your district, but before going further into the matter, we should like to know your plan for promoting sales and the annual turnover you may realize in your market.We accept your terms and conditions set out in the draft agency agreement and look forward to a happy and successful working relationship with you.There is a considerable demand for your products here, and we would do our best to push the sale on your behalf if you are disposed to entertain our commission rate.
58Exercises Choose the best to complete each of the following sentences. 1. Please be __________ that we would do all we can to support you as far as your sales territory is concerned.A. insured B. ensuredC. assured D. made sure2. We are sure we can do better if you __________ us as your sole selling agent.A. agree B. appoint C. give D. grant
593. After a period of two years the arrangement may be cancelled at any time without __________ notice.A. ahead B. before C. beforehand D. prior4. __________ unforeseen economic developments, parts of the agency contract may be changed by mutual agreement.A. If B. Suppose C. In the event ofD. On condition that5.The agency is to operate as from 1st January next for a period of three years, __________ renewal.A. subject to B. subject forC. subjected to D. subjected for
606. There is a considerable demand for your products here,and we would do our utmost to push the sale on yourbehalf if you are disposed to __________ our commission rate.A. agree B. consent C. think D. entertain7. I suggest the agency contract __________ initially made for a trial period of one year.A. is B. must be C. would be D. should be8. His company acts __________ the sole agent for our products.A. for B. on C. as D. under
619. We are sure we will be able to double the annual __________ of your products. A. amount B. quantityC. sales D. value10. Provided satisfactory terms could arranged, I would be prepared to guarantee payment of all amounts __________ orders placed through me.A.due in B. due onC. due to D. due under