Chapter 10 Agencies（课件）《外贸英文函电》（电子工业出版社）

Chapter 10 Agencies Business Letters 主讲：XXX 1 Introduction 01. Specimen Letters 02. Useful Expressions 03. Content Exercises 04. 2 Chapter 10 Agencies 3 Agencies Foreign trade agents can provide customs clearance, procurement, sale, tax refund, foreign exchange, logistics, financing, and other services for foreign trade enterprises. However, usually agents in foreign trade mainly refer to sale agents. Learning Objectives 1. To understand the concepts and types of agencies ; 2. To comprehend the writing skills of correspondence for agent cooperation; 3. To master the essential content of agency agreement. Chapter 10 Agencies 4 01 02 03 10.1.1 Types of Agents 10.1.3 Agency Agreement 10.1.2 Qualifications of Prospective Agents 10.1 Introduction Chapter 10 Agencies 5 It is a good choice for both large and small companies to look for excellent agents to help them expand foreign markets, save costs and improve the overall competitiveness of the enterprise, because agents are more familiar with the local market demand, pricing strategies and sales channels. Agents act under the authority of the principals and usually receive an agreed commission on a percentage of the volume of trade. There are three main types of agents: general agents, sole agents and ordinary agents. 10.1.1 Types of Agents Chapter 10 Agencies 6 Types Agents Principals General agents * The general agent has the maximum authority. Within the time and area stipulated in the contract, he is the full representative of the principal and enjoys exclusive rights over the commodities. * Represent principals in sale activities and a wide range of other commercial activities in the designated territory. * Develop sub-agents in authorized areas. Principals can only authorize one general agent in the designated area. Sole or exclusive agents * The exclusive agent has relatively large authority and enjoys exclusive rights over the commodities within the time and area stipulated in the contract. * Shall not operate beyond the district. * Will not sell other products in competition with the commodities of the principal within its agency territory. Principals shall not sell goods by itself or through a third party within the time and area stipulated in the contract, and shall not entrust any other agent. Ordinary agents * Ordinary agents have the least authority and can only sell goods. * No exclusive rights. * No division in agency territory. Principals may entrust several agents at the same time to sell the same product in the same territory. Chapter 10 Agencies The qualification of agents plays a decisive role in the sales of commodities and even the image of the principal. When selecting agents, the principal should consider the following qualifications about the prospective agents: * business license and agency qualification; * financial status; * business reputation; * experience in agency service; * market connections and the effectiveness of their sales organization; * technical ability to handle the goods to be marketed; * the nature and extent of other agencies they may hold, and in particular, whether these are connected with the sale of competing products. 10.1.2 Qualifications of Prospective Agents Chapter 10 Agencies 8 An agency agreement, also sometimes called an agent agreement, is a document between two parties, a principal, and an agent. Within these agreements, the principal and agent outline their expectations for the agency behavior and agree to the bounds of the relationship between them. The terms in an agency agreement signed should comply with the relevant laws and regulations. An agency agreement usually includes the following terms: The Parties Concerned, Commodity, Territory, Price and Payment, Minimum Turnover, Commission, Exclusive Rights, Market Reports, Expiration and Termination, Industrial Property Rights, Force Majeure, and Other Terms and Conditions. 10.1.3 Agency Agreement Chapter 10 Agencies 9 Application for Agency Seeking an Agent Appointing an Agent 10.2 Specimen Letters Confirmation of Agency Terms Market Reports Sole or Exclusive Agency Agreement Rejecting an Application for Agency Chapter 10 Agencies 10 Letter 1 Propose to Become a Sole Agent 10.2.1 Application for Agency Dear Sirs, We take the liberty to write you this letter to ask if you are already represented in China, as we are interested in acting as your sole agent for the sale of your bicycles both for adults and for children in our country. We are one of the largest, long-standing establishments in all kinds of machines. We have better knowledge of the market here and good business relations with the domestic wholesalers and the leading retailers. We visited your stand at Shanghai Bicycle Exhibition the other day. And we think the high quality, attractive design and reasonable prices of your bicycles will appeal to our customers. We feel confident that if you give us any opportunity to deal in your goods, the result will be entirely satisfactory to both of us. We handle a couple of other agencies, but they are in non-competing lines. As to our financial standing and reliability, we wish to refer you to our bank and the other manufactures which we cooperate with. They will offer you the first-class references that prove us agents of highest integrity. We are looking forward to your favourable reply. Yours sincerely, (Signature) Chapter 10 Agencies 11 10.2.1 Application for Agency Chapter 10 Agencies Language points： 1. represent v. 代表 e.g. I think so highly of your products that I would consider it an honor to represent your company. 我对贵公司的产品给予很高的评价，并认为代表贵公司是我的荣幸。 2. sole agent 独家代理 e.g. If you could agree to terms, we would point you as our sole agent. 如果你方同意条款，我方将指定你方为我方的独家代理。 3. long-standing adj. 长期存在的，存在已久的 e.g. The key is to purchase quality products for long-standing use. 关键是买高品质的东西，以便长期使用。 12 10.2.1 Application for Agency Chapter 10 Agencies Language points： 4. establishment n. 机构，单位（尤指企业、商店等） e.g. Recently, though, there have been signs that the medical establishment is trying to make a claim. 然而，最近有迹象表明，医疗机构正试图提出索赔。 5. domestic adj. 国内的，本国的 e.g. This company added a production line this year, hoping to boost domestic sales. 这家公司今年增加了一条生产线，希望提高国内的销售额。 6. wholesaler n. 批发商 e.g. Retailers buy goods directly from the manufacturer or from a wholesaler. 零售商直接从制造商或从批发商那里购买商品。 13 10.2.1 Application for Agency Chapter 10 Agencies Language points： 7. exhibition n. 展览，展览会 e.g. The exhibition continues until 25 July. 展览要持续到7月25日。 8. appeal to 吸引 e.g. We need to appeal to a wider customer base. 我们需要吸引更广泛的客户。 9. integrity n. 正直，诚信 e.g. A company should attach great importance to its integrity which is one of the most important assets. 一个公司应该重视它的诚信，这是它的最重要的财产之一。 14 Letter 2 Importer Asking for Sole Agency 10.2.1 Application for Agency Dear Sirs, Our banker, the Scotland Bank, informed us that you required an agent to assist in marketing your woolen sweaters in the UK. and subjected to satisfactory arrangements as to terms and conditions. We should be pleased to offer our services as your sole agent. As distributors of over 30 years standing in the UK, we have a well-developed sale organization, and are represented by a large staff in various parts of the country. Provided terms could be arranged, we think our great experience, thorough knowledge of the market and well-established connections with retailers should enable us to work up a very satisfactory business with you. You will naturally wish to have information about us. For this we refer you to the Scotland Bank, Marks & Spencer and Boots plc. Before committing ourselves, however, we shall require details of your proposal for commission and terms of payment. We look forward to hearing from you very soon. Yours truly, (Signature) Chapter 10 Agencies 15 10.2.1 Application for Agency Chapter 10 Agencies Language points： 1. assist in doing sth. 帮助做某事 e.g. Our sale representatives can assist you in selecting suitable investments. 我们的销售代表在选择合适的投资方面能帮到您。 常用搭配：assist sb. with sth. 帮助某人做某事 2. provided conj. 假如 e.g. I will agree to go provided (that) my expenses are paid. 假如帮我支付费用，我就同意去。 16 10.2.1 Application for Agency Chapter 10 Agencies Language points： 3. commit oneself v. 做出保证 e.g. The banks have committed themselves to boosting profits by slashing costs. 银行做出保证，要通过大幅度削减成本来提高利润。 4. proposal n. 提议 e.g. Your proposal is being actively considered. 你的提议正得到认真考虑。 5. commission n. 佣金 e.g. The salespeople work on commission only. 推销员只拿销售佣金。 17 Letter 3 Asking a Firm or an Individual to Act as the Sole Agent 10.2.2 Seeking an Agent Dear Sirs, We have been in touch with the consular section of your Embassy in Beijing, which recommended your firm as a possible agent for porcelain ornaments in Finland. We manufacture porcelain ornaments and hope to increase our exports to overseas markets. We are seeking an organization that can introduce and handle a considerable amount of business. Kindly let us know if you are interested in representing us, and if you consider that the volume of business you can obtain would warrant our granting you a sole agent. Our export price list, catalogue and a sheet giving full details of agency commission and terms are enclosed. We look forward to hearing from you. Yours faithfully, (Signature) Chapter 10 Agencies 18 Chapter 10 Agencies Language points： 1. be in touch with 有联系 e.g. I hope you will be in touch with me shortly. 我希望你们不久就与我联系。 2. consular adj. 领事的 e.g. We have plans to add 50 more consular officers this coming year. 我们计划在明年再增加50名领事官员。 3. porcelain ornament 瓷器饰品，瓷器用品 e.g. Porcelain ornaments are very fragile. 瓷器饰品都很易碎。 10.2.2 Seeking an Agent 19 Chapter 10 Agencies Language points： 4. the volume of business 业务量 e.g. As the volume of business concluded by you is not big enough, we won’t consider the question of agency. 由于贵方所做业务的量不够大，我方不考虑代理问题。 5. warrant v. 值得，需要 e.g. Another area that warrants attention is the quality of the products. 另一个值得注意的方面就是产品的质量。 10.2.2 Seeking an Agent 20 Letter 4 Reply to a Proposal for Sole Agency 10.2.3 Appointing an Agent Dear Sirs, We have received your letter of 15 April and are favorably impressed by the proposal you make. You are kindly informed that we have decided to entrust you with the sole agency for our Embroideries in the territory of Sweden. The Agency Agreement has been drawn up for a duration of one year, automatically renewable on expiration for a similar period unless a written notice is given to the contrary. Enclosed you will find a copy of the draft. Please go over the provisions and advise us whether they meet with your approval. We shall do all in our power to assist you in establishing a mutually beneficial trade. Yours faithfully, (Signature) Chapter 10 Agencies 21 Chapter 10 Agencies Language points： 1. impress v. 使留下深刻印象 e.g. What impressed him most was their speed. 最令他钦佩的是他们的速度。 2. entrust sb. with sth. 委托某人某事 e.g. Either you come in person, or you entrust someone with the matter. 你要么自己来，要么就托人办理这件事。 常用搭配：be entrusted with 受委托 3. territory n. 领土；地区 e.g. Our representatives cover a very large territory. 我们的代理人负责的地区很广。 10.2.3 Appointing an Agent 22 Chapter 10 Agencies Language points： 4. draw up 起草，拟定 e.g. They agreed to establish a working party to draw up a formal agreement. 他们同意成立一个工作组来起草一份正式协议。 5. duration n. 持续期间 e.g. The contract has a duration of three years. 该合同的有效期为三年。 6. renewable 可延期的，可续期的 e.g. The contract is renewable depending on performance. 根据工作表现决定是否续签。 10.2.3 Appointing an Agent 23 Chapter 10 Agencies Language points： 7. expiration n. 到期，期满 e.g. We can renew the agreement of agency upon its expiration. 我们可以在代理协议期满时续订。 8. provision n. 条款，规定 e.g. Both sides have to act according to the provisions of the agreement. 双方都应按照协议条款办事。 9. approval n. 同意，批准 e.g. I can’t agree to anything without my partner’s approval. 没有合伙人的同意，我什么也不能答应。 10. mutually beneficial 互惠互利的，双赢的 e.g. I also hope we do business on mutually beneficial basis. 我们也希望在互利的基础上做交易。 10.2.3 Appointing an Agent 24 Letter 5 Declining a Request for a Sole Agent 10.2.4 Rejecting an Application for Agency Dear Sirs, Thank you for your letter of 7 July, in which you would like to be our sole agency dealing in our textile products in New York. After serious consideration, we think that it would be premature to commit ourselves at this stage when the record of transactions shows only a moderate volume of business. We are now only prepared to enter into a Distribution Agreement with you. Please do not misinterpret the above remark, which in no way implies dissatisfaction. As a matter of fact, we are quite satisfied with the amount of business you have brought us. We shall, of course, be glad to consider appointing you as our sole agency at the time when your turnover is big enough to justify establishing the agency. We hope that you will agree with us on this point and continue to give us your cooperation. Yours faithfully, Mary Chapter 10 Agencies 25 Chapter 10 Agencies Language points： 1. moderate adj. 中等的，适中的 e.g. The moderate price and excellent performance can be accepted easier by users. 其适中的价格、优越的性能更能获得用户的认可。 2. Distribution Agreement 分销协议 e.g. Company and Distributor hereby agree to be bound by the terms and conditions of this Distribution Agreement which consists of these four pages. 公司和经销商特此同意受包含四页纸的分销协议的条款与条件的约束。 3. misinterpret v. 误解 e.g. Perhaps I misinterpret, but are you quite sure there is no problem in the contract? 也许我误解了，你十分肯定合同中没有问题吗？ 10.2.4 Rejecting an Application for Agency 26 Chapter 10 Agencies Language points： 4. remark n. 言论，话语 e.g. What you mean as a casual remark could be misinterpreted. 你不经意所说的话可能会被误解。 5. in no way 决不 e.g. In no way am I going to adopt any of his methods. 我决不采用他的任何一个方法。 6. imply v. 暗示 e.g. It does not imply anything about other people. 这并没有暗示任何其他人的事情。 10.2.4 Rejecting an Application for Agency 27 Chapter 10 Agencies Language points： 7. dissatisfaction n. 不满，不悦 e.g. To the great dissatisfaction of our customers, the quality of your first shipment is not in conformity with the specifications. 令我方顾客十分不满的是，你方第一批交货的质量与规定不符。 8. turnover n. 营业额 e.g. The company had a turnover of $3.8 million. 那个公司拥有380万美元的营业额。 9. justify v. 证明……有理 e.g. These reasons are not sufficient to justify the ban. 这些理由不足以证明实施禁令有理。 10.2.4 Rejecting an Application for Agency 28 Letter 6 Detailed Terms in Agency Agreement 10.2.5 Confirmation of Agency Terms Dear Sirs, It is our pleasure to learn from your letter of 10 September that you are willing to entrust us with your sole agent for marketing Chinese Embroideries in Sweden. We have gone over the detailed terms in your Agency Agreement and now confirmed them as follows: (1) That the agency commences on 1 January, 2008 and is terminated on 1 January, 2009, subject to renewal. (2) That the agency is a sole agency for marketing Chinese Embroideries in Sweden. (3) That we undertake not to handle competing products of other local manufacturers while the sole agency agreement remains in force. (4) That you pay us quarterly a commission at 5% based on the total sales of your goods in Sweden. (5) That all accounts are settled at the end of each year. (6) That we keep a full range of your products in our showrooms. It will be appreciated if you send us the formal Agency Agreement at your earliest convenience. Yours faithfully, (Signature) Chapter 10 Agencies 29 Chapter 10 Agencies Language points： 1. embroidery n. 刺绣 e.g. She learned sewing, knitting, and embroidery. 她学过缝纫、编织和刺绣。 2. commence v. 开始 e.g. The meeting is scheduled to commence at noon. 会议定于中午召开。 3. terminate v. 终止 e.g. The contract can be terminated by either party with three months’notice. 合同的任何一方如提前三个月通知，均可终止本合同。 10.2.5 Confirmation of Agency Terms 30 Chapter 10 Agencies Language points： 4. renewal n. 延期 e.g. His contract came up for renewal. 他的合同到期需要续签。 5. showroom n. 陈列室，展示室 e.g. We have made a lot of improvement in packing. You are welcome to see the sample in the showroom. 我们对包装做了很大的改进，欢迎你到展示室看包装样品。 10.2.5 Confirmation of Agency Terms 31 Letter 7 Reports on Christmas Presents 10.2.6 Market Reports Dear Sirs, We have pleasure in telling you that the 50 cases of Christmas presents per m.s. Great Wall has been disposed in good profits. The Account Sales, which is enclosed with, will show you that all the goods have been cleared at better prices than we had expected. We are pleased that in this first instance we can give you such a satisfying report. The net proceeds due to you we hold at your disposal, and we should be glad to know what we could do with them. We wait to receive further favors from you. Yours truly, (Signature) Chapter 10 Agencies 32 Chapter 10 Agencies Language points： 1. dispose v. 处理，安排 e.g. Chinese vases are disposed around the gallery. 中国花瓶摆放在展馆四周。 常用搭配：dispose of 处理，解决 2. instance n. 例子，情况 e.g. I would normally suggest taking time off work, but in this instance I’m not sure that would do any good. 我通常会建议休假，但就这个情况而言，我不敢保证休假会有什么好处。 常用搭配：for instance 比如，例如 3. the net proceeds 净收益，净收入 e.g. Capital gains taxes must be paid on the net proceeds of a sale, not the gross proceeds. 资本利得税应该按照销售的净收入而不是毛收入计算。 10.2.6 Market Reports 33 10.2.7 Sole or Exclusive Agency Agreement This agreement is made and entered into by and between the parties concerned on May 20, 2009 in Qingdao, China on the basis of equality and mutual benefit to develop business on terms and conditions mutually agreed upon as follows: 1. The Parties Concerned Party A: Add: Tel: Fax: Party B: Add: Tel: Fax: Chapter 10 Agencies 34 10.2.7 Sole or Exclusive Agency Agreement 2. Appointment Party A hereby appoints Party B as its Exclusive Agent to solicit orders for the commodity stipulated in Article 3 from customers in the territory stipulated in Article 4, and Party B accepts and assumes such appointment. 3. Commodity “××” Brand Washing Machines 4. Territory In Singapore only 5. Validity of Agreement This agreement, when duly signed by the parties concerned, shall remain in force for 12 months from June 1, 2009 to May 30, 2010, and it shall be extended for another 12 months upon expiration unless notice in writing is given to the contrary. Chapter 10 Agencies 35 10.2.7 Sole or Exclusive Agency Agreement 6. Price and Payment The price for each individual transaction shall be fixed through negotiations between Party B and the buyer, and subject to Party A’s final confirmation. Payment shall be made by confirmed, irrevocable L/C opened by the buyer in favor of Party A, which shall reach Party A 15 days before the date of shipment. 7. Exclusive Right In consideration of the exclusive rights granted herein, Party A shall not, directly or indirectly, sell or export the commodity stipulated in Article 3 to customers in Singapore through channels other than Party B; Party B shall not sell, distribute or promote the sales of any products competitive with or similar to the above commodity in Singapore and shall not solicit or accept orders for the purpose of selling them outside Singapore. Party A shall refer to Party B any enquiries or orders for the commodity in question received by Party A from other firms in Singapore during the validity of this agreement. Chapter 10 Agencies 36 10.2.7 Sole or Exclusive Agency Agreement 8. Market Report In order to keep Party A well informed of the prevailing market conditions, Party B should undertake to supply Party A, at least once a quarter or at any time when necessary, with market reports concerning changes of the local regulations in connection with the import and sales of the commodity covered by this agreement, local market tendency and the buyer’s comments on quality, packing, price, etc. of the goods supplied by Party A under this agreement. Party B shall also supply Party A with quotations and advertising materials on similar products of other suppliers. 9. Commission Party A shall pay Party B a commission of 5% on the net invoiced selling price on all orders directly obtained by Party B and accepted by Party A. No commission shall be paid until Party A receives the full payment for each order. Chapter 10 Agencies 37 10.2.7 Sole or Exclusive Agency Agreement 10. Industrial Property Rights Party B may use the trademarks owned by Party A for the sale of the Washing Machines covered herein within the validity of this agreement and shall acknowledge that all patents, trademarks, copy rights or any other industrial property rights used or embodied in the Washing Machines shall remain to be the sole properties of Party A. Should any infringement be found, Party B shall promptly notify and assist Party A to take steps to protect the latter’s rights. 11. Force Majeure Either party shall not be held responsible for failure to perform all or any part of this agreement due to flood, fire, earthquake, draught, war or any other events which could not be predicted, controlled, avoided or overcome by the relative party. However, the party affected by the event of Force Majeure shall inform the other party of its occurrence in writing as soon as possible and thereafter send a certificate of the event issued by the relevant authorities to the other party within 15 days after its occurrence. Chapter 10 Agencies 38 10.2.7 Sole or Exclusive Agency Agreement 12. Arbitration All disputes arising from the performance of this agreement shall be settled through friendly negotiation. Should no settlement be reached through negotiation, the case shall then be submitted for arbitration to the China International Economic and Trade Arbitration Commission (Beijing) and the rules of this Commission shall be applied. The decision made by this Commission shall be regarded as final and binding upon both parties. Arbitration fees shall be borne by the losing party, unless otherwise awarded. Chapter 10 Agencies 39 10.2.7 Sole or Exclusive Agency Agreement 13. Other Terms & Conditions (1) Minimum Turnover. Should Party B fail to pass on his orders to Party A in a period of...months for a minimum of...Party A shall not bind himself to this Agreement. (2) Transactions between Governmental Bodies. For any business transacted between governments of both Parties, Party A may handle such direct dealings as authorized by Party A’s government without binding himself to this Agreement. Party B shall not interfere in such direct dealings, nor shall Party B bring forward any demand for compensation therefrom. Chapter 10 Agencies 40 10.2.7 Sole or Exclusive Agency Agreement (3) Termination. During the validity of this agreement, if either of the two parties is found to have violated the stipulations herein, the other party has the right to terminate this agreement. (4) This Agreement shall be subject to the terms and conditions in the Sales Confirmation signed by both parties hereto. This Agreement is signed on…at...and is in two originals; each Party holds one. Party A: (Signature) Party B: (Signature) Chapter 10 Agencies 41 Chapter 10 Agencies Language points： 1. dispose v. 处理，安排 e.g. Chinese vases are disposed around the gallery. 中国花瓶摆放在展馆四周。 10.2.7 Sole or Exclusive Agency Agreement 42 Chapter 10 Agencies Language points： 1. appointment n. 委任，任命 e.g. There has been a mixed reaction to her appointment as director. 对她被任命为主管一事，人们的反应褒贬不一。 2. solicit v. 招揽 e.g. Advertisements can solicit customers. 广告能招揽顾客。 3. validity n. 有效 e.g. The period of validity of the agreement has expired. 本协议的有效期已过。 10.2.7 Sole or Exclusive Agency Agreement 43 Chapter 10 Agencies Language points： 4. herein adv. 本文中；在此处 e.g. Reliance on any information provided herein is solely at your own risk. 若依赖此处提供的信息，你将承担所有的风险 5. prevailing adj. 现行的；流行的 e.g. The prevailing exchange rate system is lopsided. 现行的汇率体系是不平衡的。 Today the prevailing trend in underwear is for more closefitting styles. 如今内衣的流行趋势是更贴身的款式。 10.2.7 Sole or Exclusive Agency Agreement 44 Chapter 10 Agencies Language points： 6. industrial property right 工业产权 e.g. The service provided for this project shall not violate or infringe any industrial property right or intellectual property right or right of any third party. 为本项目提供的服务不得侵犯或违反任何工业产权或知识产权或者任何第三方的权利。 7. trademark n. 商标 e.g. Please identify the registered trademark. 请确认注册商标。 8. patent n. 专利（权） e.g. He got a patent for this invention. 他获得了这项发明的专利权。 9. infringement n. 侵权 e.g. What happens if we have a patent infringement? 如果我们侵犯了专利权会怎么样？ 10.2.7 Sole or Exclusive Agency Agreement 45 Chapter 10 Agencies Language points： 10. arbitration n. 仲裁 e.g. Both sides in the dispute have agreed to go to arbitration. 争执双方都同意进行仲裁。 11. binding adj. 有约束力的 e.g. The agreement is binding on all parties. 该协议对各方当事人都有约束力。 其他用法：bind v. 约束 12. authorize v. 授权 e.g. Should the chairman be unable to perform his duties, he shall authorize another director to represent the joint venture. 董事长不能履行职责时，应授权其他董事代表合资企业。 10.2.7 Sole or Exclusive Agency Agreement 46 Chapter 10 Agencies Language points： 13. interfere in v. 干涉 e.g. Certainly, they have no right to interfere in our affairs. 可以断言，他们无权干涉我们的事务。 14. violate the stipulations 违反规定，违背条款 e.g. Can they be allowed to violate the stipulations at will? 难道能容许他们随心所欲地违反规定吗？ 15. both parties hereto 本合同双方 e.g. On the principles of equality and mutual benefit and through amiable negotiation, both parties hereto agree as follows and shall abide by. 甲乙双方本着平等互利的原则，经友好协商，达成如下协议，双方共同遵守协议。 10.2.7 Sole or Exclusive Agency Agreement 47 Chapter 10 Agencies 1. Application for Agency * Hearing from the local Chamber of Commerce that you are looking for an agent in this city, we are pleased to apply for the post. * We have noted your request to act as our agent in your district, but before going further into the matter, we would like to know your plan for promoting sales and the annual turnover you may realize in your market. * If you give us the agency, we should spare no efforts to further your interests. * We should be interested in acting as your sole agent. We could be doing better if we developed some kind of sales network there. * I wonder whether your firm is represented in our country. 10.3 Useful Expressions 48 Chapter 10 Agencies 2. Seeking an Agent * We propose a sole agency agreement for bicycle for a period of 3 years. * Thank you for offering us the agency for your products and appreciate the confidence you have placed in us. 10.3 Useful Expressions 49 Chapter 10 Agencies 3. Appointing an Agent * Because of the steady increase in demand for china ornaments, we have decided to appoint an agent to handle our export trade with your country. * We suggest a trial period of one year. If everything turns out satisfactory, we can renew the agreement on its expiry. * I hope you’ll spare no efforts to promote the sale of our products so as to pave the way for renewing the agency agreement when it expires at the end of this year. * We are pleased to offer you a sole agency for the sale of our products in your country. * We’ve decided to entrust you with the sole agency for cars. 10.3 Useful Expressions 50 Chapter 10 Agencies 4. Rejecting an Application for Agency * Unless you increase the turnover, we can hardly appoint you as our sole agent. * We are not prepared to take the question of sole agent into consideration for the time being. * We think that it would be premature to commit ourselves at this stage when the record of transactions shows only a moderate volume of business. * We have to decline your proposal of acting as our sole agency. * Don’t you think the annual turnover for a sole agent is rather conservative? 10.3 Useful Expressions 51 Chapter 10 Agencies 5. Confirmation of Agency Terms * We would like to discuss with your company the details of establishing exclusive agency ties and look forward to meeting you. * As our sole distributor, you are not expected to handle the sale of similar products of other origins. * We usually get a 10% commission of the amount on every deal. * If you want to act as our sole agent, you must fulfill a minimum sales amount of 8 million dollars annually. 10.3 Useful Expressions 52 Chapter 10 Agencies 6. Others * The wools received from you, per s.s. “Auriga”, were disposed of at public sale on 4 May and realized the following prices as follows. * We have duly received your valued favor on 5 June, accompanied by a bill of lading for thirty-five bales of cotton, consigned to me by the m.s. “Katano”. * We have efficient and responsible agents and correspondents in the principal cities and towns of the United States, and we trust our agency will offer peculiar advantages and facilities to those persons residing abroad, who have claims, debts or dividends, payable or recoverable therein. * We advise you that we cease from this date to represent Messrs. W. & M., having resigned their agency on 5 March last, on giving them the required three months’ notice. * The agency agreement was made out with great care and we have found no loopholes in it. 10.3 Useful Expressions 53 10.4 Exercises I. Translate the following words and phrases. II. Fill in the blanks with the appropriate forms of the given words or phrases. III. Fill in each blank in the letter below with a word or phrase taken from the box. IV. Translate the following sentences into Chinese. V. Translate the following sentences into English sentences using the given words or expressions in the brackets. VI. Writing. Chapter 10 Agencies 54 1. general agent 2. wholesaler 3. sole agent 4. the net proceeds 5. ordinary agent 6. minimum turnover 7. agency agreement 8. retailer 9. the volume of business 10. force majeure I. Translate the following words and phrases. 1. 总代理 2. 批发商 3. 独家代理 4. 净收益 5. 一般代理 6. 最低业务量 7. 代理协议 8. 零售商 9. 业务量 10. 不可抗力 A. From English to Chinese Chapter 10 Agencies 55 1. 专营权 2. 品质优良 3. 价格合理 4. 财务状况 5. 互惠互利的 6. 招揽顾客 7. 现行的市场情况 8. 协议有效期 9. 每季度一次 10. 侵权 I. Translate the following words and phrases. 1. exclusive rights 2. high quality 3. reasonable price 4. financial standing/ status/ position 5. mutually beneficial 6. solicit customers/ attract customers 7. prevailing market conditions 8. validity of agreement 9. once a quarter/ quarterly 10. infringement B. From Chinese to English Chapter 10 Agencies 56 II. Fill in the blanks with the appropriate forms of the given words or phrases. 用给出词或短语的正确形式填空。 principal proposal application valid represent Chapter 10 Agencies 1. The agency agreement serves as the cardinal basis for the division of the rights and responsibilities between the and the agent. (principle) 2. Regarding your to represent us in Seattle for the sales of textiles, we have decided to appoint you as our agent. (propose) 3. We should be glad if you would consider our to act as your agency for the sale of your shoes. (apply) 4. This agreement is made out in Chinese and English, the two versions being equally . (validity) 5. Please let us notified whether you now any suppliers in the same line. (representative) 57 II. Fill in the blanks with the appropriate forms of the given words. 用给出词的正确形式填空。 mutual benefit terminate renew undertake prevailing Chapter 10 Agencies 6. This agreement is entered into between the parties concerned on the basis of equality and to develop business on terms and conditions set forth as below. (mutually beneficial) 7. The other party is entitled to this agreement. (terminate) 8. We suggest a trial period of one year. If everything turns out satisfactory, we can 。 the agreement on its expiry. (renewable) 9. Within the validity of this agreement, Party B shall to purchase from party A. (undertake) 10. Party B shall keep Party A well informed of the jewellery market information, such as fashions and the orientation of popular items as well as market forecast. (prevail) 58 III. Fill in each blank in the letter below with a word or phrase taken from the box. 用方框中的词或短语填空。 demand appoint export trade an angency promising connections offering reliable accept represent Chapter 10 Agencies connections reliable represent appoint promising offering an agency accept export trade demand Dear Sirs, Because of the steady increase in 1. for our china ornaments, we have decided to 2. an agent to handle our 3. with your country. When we last met, you mentioned that you might be interested in 4. and we can perhaps come to some arrangements. There are signs of 5. market for our particular type of product and there is little doubt that a really active agent could bring about a big increase in our sales. Being aware of your wide experience of China trade and of your 6. with the principal buyers in your country, we feel that your firm is the right one to do this and we have pleasure in 7. you a sole agency. Should you not be able to accept it, perhaps you could recommend some other 8. and well-established firm whom we might approach. We hope, however, that you will 9. . If you decide to do so, please state the terms on which you would be willing to 10. . us. Yours faithfully, 59 1. We do not limit you as to the price, being well assured that you will effect the best sales in your market. 2. Your application for the sole agent is now under our careful consideration. 3. We would like to discuss with your company the details of establishing exclusive agency ties and look forward to meeting you. 4. If you appoint us as your agent, we can work up a big demand for your products at our end. 5. Our friends inform us that you have a good connection in this trade, and that you import largely from this country, and acting entirely upon their advice, we are sending you a consignment as a trial. IV. Translate the following sentences into Chinese. 将下列句子翻译成中文。 Chapter 10 Agencies 60 6. We are sending this consignment of our Insulating Oil to you as in the Consignment Invoice herewith by the freight train on 25 November. 7. We have decided to send you a trial consignment of the paper, and if this turns out satisfactory, we shall consider the question of a larger consignment. 8. As your agent, we’ll make greater efforts to push the sale of your products. 9. What annual quantity would you like to suggest for the new agreement then? 10. The commission we should require would be 1.5% on the amount realized; bank commission 0.25%. IV. Translate the following sentences into Chinese. 将下列句子翻译成中文。 Chapter 10 Agencies 61 Keys 1. 我们相信贵公司在市场上将能获得很好的销售额，因此我们对该商品不予限价。 2. 我方正在认真考虑你方想要成为独家代理的请求。 3. 我们希望与贵公司讨论建立独家代理的细节，并期待与你们的会面。 4. 如果你指定我们作为你们的代理，我们可以在我们这里为你们的产品创造很大的需求。 5. 据本公司客户告知，贵公司对此项生意有很好的关系，并且从我国大量进口，因此我们按照他们的推荐，准备将该商品寄给贵公司，请代为试销。 6. 谨送上寄售发票，而发票上所列绝缘油，将于11月25日由火车运出。 7. 我们已决定寄出纸张，请贵公司试销。如果这次试销结果令人满意，我们将考虑大量委托。 8. 作为你们的代理，我们将会更加努力地推销你方产品。 9. 您认为在新的协议中年销售量应是多少呢？ 10. 我公司要求按照销售额的1.5%支付佣金，银行手续费是0.25%。 IV. Translate the following sentences into Chinese. 将下列句子翻译成中文。 Chapter 10 Agencies 62 1. 我方已决定委托贵方作为我方刺绣产品在瑞典地区的独家代理。(entrust) 2. 自从代理协议签订以后，你们的销售额已达到500美元。(turnover) 3. 我们建议签订一个为期两年的小轿车独家代理协议。(sole agency agreement) 4. 我们的产品质量优秀、价格适中，在贵方市场上一定很畅销。(moderate) 5. 我方将考虑指定你方为贵国市场上T恤衫的独家代理，为期两年。(appoint) V. Translate the following sentences into English sentences using the given words or expressions in the brackets. 用括号中给出的单词或短语翻译句子。 We have decided to entrust you with the sole agency for our embroideries in the territory of Sweden. Since the agency agreement was signed, your turnover has amounted to US $ 500. We propose a sole agency agreement for cars for a period of two years. Our products are superior in quality and moderate in price and are sure to be saleable in your market. We’ll consider appointing you as our sole agent for our T shirts for the next two years in your local market. Chapter 10 Agencies 63 6. 谢谢你方作为我方代理的建议。(proposal) 7. 她已为一个新系列的香水注册了商标。(trademark) 8. 代理协议到期后自动续签，期限与原来的相同。(renewable) 9. 仲裁裁决是终局的，对双方都有约束力。(be binding on) 10. 我们认为现在做出承诺未免为时过早，因为交易的记录表明目前的交易额尚不太可观。(commit ourselves) V. Translate the following sentences into English sentences using the given words or expressions in the brackets. 用括号中给出的单词或短语翻译句子。 Thank you for your proposal of acting as our agent. She has registered a trademark for a new range of perfumes. The agency agreement is automatically renewable on expiration for a similar period. The arbitral decision is final and binding upon both parties. We think that it would be premature to commit ourselves at this stage when the record of transactions shows only a moderate volume of business. Chapter 10 Agencies 64 1. Write a letter to a partner who applies for acting as your sole agent; the letter should include the following information: （1）感谢贵方申请独家代理来信。 （2）对贵方的商业信誉进行了调查之后，我们决定委托贵方为在规定范围内的电扇独家代理。 （3）佣金为销售金额的3.5%，代理期为一年。 （4）随信附上一份协议草案，请贵方审阅并告知意见。 VI. Writing. 写作。 Chapter 10 Agencies 65 VI. Writing. 写作。 Chapter 10 Agencies Sample 1. Dear Sir, Thank you for your letter of application for sole agency. After investigating your commercial standing, we have decided to appoint you as our sole agent for the electric fans in the range stipulated. The commission shall be 3.5% of the sales amount. The agency period shall be one year. I enclose a draft agreement for your review and comments. Yours faithfully, (signature) 66 2. You are going to write a letter in reply to a letter from a company; the letter should include the following information: （1）我们仔细研究了你方9月10日的函电，现愿与你方进一步商谈你方要求在苏格兰建立代表处的建议。 （2）鉴于你方在苏格兰的贸易关系，我们认为你方在该地发展我们的业务是可以大有作为的。 （3）因你公司史密斯先生将于下月访问我地，我们想与他面谈。请告知史密斯先生何时来面谈。期待史密斯先生的到来。 VI. Writing. 写作。 Chapter 10 Agencies 67 VI. Writing. 写作。 Chapter 10 Agencies Sample 2. Dear Sir or Madam, We have studied carefully your letter dated Sept. 10, and now would like to further discuss with you your proposal of establishing an agency in Scotland. In view of your wide business relations in Scotland we believe that you will do much in developing our business. Because Mr. Smith from your company will visit here, we would rather have a face-to-face talk with him. So please inform us the time when Mr. Smith will come here. We are looking forward to Mr. Smith’s coming. Yours faithfully, (signature) 68 Your company needs to apply for acting as sole agent for other companies and write an applying letter, or you can choose to reply to the others’ applying. The other task is to draw up a sole agency agreement with another company. Every company needs to keep the communication records and, in the meantime, submit them to the teacher. Practice-Group Task Three Chapter 10 Agencies 69 感谢聆听 Business Letters 主讲：XXX Chapter 10 Agencies 70 $$