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43 Cards in this Set
- Front
- Back
Canned Sales Pitches |
A company brings the most effective salespeople back into the company's office and wrote down their sales script. Then they implemented it to all salespeople, who were expected to follow the scripts every time. |
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Manipulation |
eliminates or reduces the buyer's choice unfairly |
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Persuasion |
one may influence the buyer's decision, but the decision remains the buyer's |
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deception |
withholding information or telling lies is clearly manipulative and therefore unethical |
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Bribes |
payments made to buyers to influence their purchase decisions |
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Kickbacks |
payments made to buyers based on the amount of orders placed |
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Backdoor Selling |
salespeople engage in this when they ignore the purchasing agent's policy, go around his/her back, and contact other people directly involved in the purchasing decisions |
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Trade Secrets |
information owned by the company by which the company gains a competitive advantage. They are protected by law, so if u take customer records with you, you could face a civil lawsuit. |
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sexual harassment |
includes unwelcome sexual advances; requests for sexual favors, jokes or graffiti; posting sexual material in bulletin boards or cubicle walls; and physical conduct |
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statutory law |
is based on legislation passed either by state legislators or by Congress. The main laws governing salespeople are the Uniform Commercial Code and Antitrust laws. |
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Administrative Laws |
are established by local, state, or federal regulatory agencies. The (FTC) Federal Trade Commission is the most active agency in developing these laws. |
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Common law |
grows out of court decisions. Precedents set by these decisions fill in the gaps where no laws exist. |
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Uniform Commercial Code (UCC) |
Is the legal guide to commercial practice in the United States. |
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Agent |
A person who acts in place of his/her company |
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Sale |
the transfer of title to goods by the seller to the buyer for a consideration known as price. |
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Contract to sell |
anytime a salesperson makes an offer and receives an unqualified acceptance, and contract exists. A sale is made when the contact is completed and title passes from the seller to the buyer. |
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Invitation to negotiate |
A sales presentation |
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Offer |
takes place when the salesperson quotes specific terms. It specifically states what the seller promises to deliver and what it expects from the buyer. |
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orders |
written offers, become contracts when they are signed by an authorized representative in the salesperson's company. |
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Free on Board (FOB) destination |
the title to the goods usually passes from the seller to the buyer at the destination. This means that goods in transit should be reported as inventory by the seller, since technically the sale does not occur until the goods reach the destination. |
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FOB Factory |
when titles transfer for goods shipped cash on delivery (COD) and for goods sold on consignment, Understanding the terms of the sale and who has title can be useful in resolving complaints about damaged merchandise. |
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Warranty |
is an assurance by the seller that the products will perform as represented ... a guarantee. |
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Expressed Warranty |
is an oral or a written statement by the seller |
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Implied Warranty |
is not actually stated but is still an obligation defined by law. Under a sales contract, there is a guarantee that the item sold is merchantable and fit for the purpose intended. |
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Sales puffery |
Glowing descriptions for a product or service.
Ex: "Our service can't be beat" "This is a top-notch product" "This product will last a lifetime" |
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False Claims Act |
Or Lincoln Law, was passed in 1863 during the civil war to encourage citizens to press claims against vendors that fraudulently sold to the U.S. government |
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Credulous Person Standard |
Means the company and the salesperson have to pay damages if a reasonable person could misunderstand a statement in Canada. |
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Business Defamation |
occurs when a salesperson makes unfair or untrue statements to customers about a competitor, its products, or its salespeople. |
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Reciprocity |
a special relationship in which 2 companies agree to buy products from each other. EX: A manufacturer agrees to buy microprocessors from a manufacturer if the manufacturer agrees to buy its computers |
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Tying Agreement |
a buyer is required to purchase one product in order to get another product. EX: a customer wants to buy a copier machine, and has to buy copy paper from the same company |
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Collusion |
refers to competitors working together while the customer is making a purchasing decision. EX: The League/ everyone is pricing the same product the same price |
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Resale Price Maintenance |
is the practice whereby a manufacturer and its distributors agree that the distributors will sell the manufacturer's product at certain prices, at or above a price floor or at or below a priceceiling. |
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Spiffs (Push Money) |
"Special Promotion Incentive Fund". Are only legal if the reseller knows and approves of the incentive and it is offered to all reseller's salespeople. Even if they are legal, not everyone agrees that they are ethical. |
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Price Discrimination |
as a seller giving unjustified special prices, discounts, or services to some customers and not to others. |
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Privacy Laws |
limit the amount of information that a firm can obtain about a consumer and specify how that information can be used or shared. |
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Lubrication |
involves small sums of money or gifts, typically made to low ranking managers or government officials, in countries where these payments are not illegal. |
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Subordination |
involves paying larger sums of money to higher-ranking officials to get them to do something illegal or to ignore an illegal act. |
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Cultural Relativism |
is the view that no culture's ethics are superior |
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Ethical Imperialism |
is the view that ethical standards in one's home country should be applied to one's behavior across the world |
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(FCPA) Foreign Corrupt Practices Act |
makes it illegal for US companies to pay bribes to foreign officials |
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conspiracy |
an agreement between competitors before customers are contacted |
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ethics |
are principles governing the behavior of an individual or a group. |
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poaching |
EX: it is unethical to steal poential customers from other salespeople |