致用商务英语阅读(下)programme three Sole Agent
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Programme objective
2 talk about agents and agents agreement with business clients
negotiate on being sole agents 3 clauses in the business activities
4 communicate with foreign business partners on the matters of sole agents
Confidentiality The agent has a duty to keep the client’s confidences. Confidential information includes any information about the client, the property, or the transaction that is not required by law to be disclosed, but if disclosed could be used by another party to the disadvantage of the client. The duty of confidentiality continues even after the agency relationship ends. Full disclosure The agent must inform the client of all facts known to the agent that might affect the relationship with the client or influence the client’s decision in the transaction. This includes any conflicts of interest the agent might have in providing services to the client.
(9) connection n. 连接;联结
(10) term n. 期间,期限;到期
(11) designate v. 指派,委任
A sole agent may be a firm or a person who acts exclusively for one foreign principal with sole agency rights to sell on a commission basis cerห้องสมุดไป่ตู้ain commodities in a certain area under some kind of agreement or contract.
learn the common expressions 3 on agents and sole agents
4
learn the difference of commercial agent, broker and salesman
Objective
1 talk about seeking an agent and employing an agent
a formal agreement may be desirable; or the agreement may be drafted by one of the parties in consultation with the other. As for a prospective agent we should know: (1) his reliability and financial soundness; (2) his market connections; (3) his technical ability to handle the goods to be marketed; and (4) the nature and extent of other agencies they may hold, and in particular, whether they are connected with the sales of competing products.
(1) agency (2) sole agency (3) sole agent (4) principal (5) sole agent agreement
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Passage One:A Sole Agent and His Duties
Agents often play a very important role. in foreign trade. A Principal will appoint someone as his agent who will be employed to represent the company and sell its products in a given area too distant to be effectively covered by the company itself. An agent to be appointed should have sufficient means to develop the trade and have reliable connections in the designated area.
Undivided loyalty The agent must act solely in the client’s best interests, must always put the client’s interests above the agent’s own interests and above the interests of other parties. This means avoiding conflicts of interest and protecting the client’s negotiating position at all times.
Warm-up
❖Challenge Yourself
Can you tell us the Chinese meaning of the following words immediately?
(1) appoint
(6) compensate
(2) specify
(7) obedience
(3) reliable
The agent should not decide if information is important to the client, rather, the agent is obligated to disclose all relevant information to the client. However, any confidential information from a previous agency relationship will not be disclosed to the client unless the previous client agrees in writing.
An agent refers to a business or organization established to provide a particular service, typically one that involves organizing transactions between two other parties. The terms of agency are sometimes set out in correspondence between the parties, but where dealings are on a large scale,
And sole agency is a relationship in which the brokerage or industry member acts as the agent for only one party in a trade. In the process of sole agency, sole agents are obligated to protect and promote the interests of their principals or clients. Specifically, a sole agent owes his or her clients the following duties:
(8) accomplish
(4) loyalty
(9) negligent
(5) disclose
(10) trustworthy
Warm-up
❖Short Survey Have you got some idea of the following terms before
reading the passage?
2
Programme Objective
3
Warming up
4
Passage One
5
Passage Two
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Contents
1 read about a passage on a sole agent and his duties
Programme content
2 read about a passage on how to draft a Sole Agent Agreement
Obedience The agent must obey all of the client’s lawful instructions, as long as instructions are reasonable and ordinary under the circumstances. If the client insists the agent do something unlawful, the agent would be obliged to refuse, and consider terminating the relationship and existing service agreement.
Reasonable care and skill The agent must exercise reasonable care and skill in performing all assigned duties. The agent is expected to meet the standard of care that a reasonable and competent industry member would exercise in a similar situation. Full accounting The agent must account for all money and property placed in the agent’s hands while acting on the client’s behalf.
Words & Expressions
(1) play a role in 在……中起作用
(2) principal n. 被代理人,委托人
(3) agent n. 代理人
(4) agency n. 代理
(5) appoint v. 任命,委派
(6) represent v. 表现,象征
(7) sufficient adj. 足够的,充足的 (8) reliable adj. 可靠的,可信赖的
代理双方通过签订代理协议建立起代理关系后代理商有积极推销商品的义务并享有收取佣金的权利同时代理协议一般规定有非竞争条款即在协议有效期内代理人不能购买提供与委托人的商品相竞争的商品或为该商品组织广告
致用商务英语阅读(下)programme three Sole Agent
LOGO
Contents
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Programme Content