Selling: Building Partnerships

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laws established by local, state, or federal regulatory agencies, such as the Federal Trade Commission or the Food and Drug Administration

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administrative law

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person who acts in place of his or her company

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agent

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actions by one salesperson that go behind the back of a purchase to directly contact other members of the buying center

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backdoor selling

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payments made to buyers to influence their purchase decisions

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bribes

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making unfair or untrue statements to customers about a competitor, its products, or its salespeople

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business defamation

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agreement among competitors, made after contacting customers, concerning their relationships with customers

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collusion

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legal precedents that arise out of court decisions

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common law

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agreement among competitors, made prior to contacting customers, concerning their relationships with customers

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conspiracy

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offer made by a salesperson that received an unqualified acceptance from a buyer

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contract to sell

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canadian law stating that a company is liable to pay damages if advertising and sale presentation claims and statements about comparisons with competitive products could be misunderstood by a reasonable person

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credulous person standard

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cultural person standard

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a view that no culture's ethics are superior to those of another culture's

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cultural relativism

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unethical practice of withholding information of telling white lies

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deception

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the view that the ethical standards that apply locally or in one's home country should be applied to everyone's behavior around the world

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ethical imperialism

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principles governing the behavior of an individual or a group

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ethics

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warranty specified through oral or written communications

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expressed warranty

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the seller had title until the goods are received at the destination

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free on board (FOB) destination

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the buyer has title when the goods leave the seller's facility

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FOB factory

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law that governs the behavior of U.S. business in foreign countries; resists the bribing of foreign officials

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Foreign Corrupt Practices Act

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warranty that is not expressly stated through oral or written communication but is still an obligation defined by law

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implied warranty

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the negotiation of an interaction, usually a sales presentation, that results in an offer

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invitation to negotiate

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payments made to buyers based on the amount of order they place for a salesperson's products or services

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kickbacks

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small sums of money or gifts, typically pain to officials in foreign countries, to get the officials to do their job more rapidly

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lubrication

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practice by a salesperson to eliminate or reduce the buyer's choice unfairly

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manipulation

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specific statement by a seller outlining what the seller will provide and what is expected from the buyer

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offer

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become contracts when they are signed by an authorized representative in a salesperson's company

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orders

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practice by a salesperson designed to influence the buyer's decision, not manipulate it

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persuasion

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situation in which a seller gives unjustified special prices, discounts or special services to some customers and not to others

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price discrimination

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laws that 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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privacy laws

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special relationship in which two companies agree to buy products from each other

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reciprocity

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contractual term in which a producer establishes a minimum price below which distributors or retailers cannot sell their products

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resale price maintenance

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the transfer of title to goods and services by the seller to the buyer in exchange for money

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sale

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exaggerated statements about the performance of products or services

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sales puffery

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unwelcome sexual advances, requests for sexual favors, and other, similar verbal and nonverbal behaviors

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sexual harassment

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payments made by a producer to a reseller's salesperson to motivate the salespeople to sell the producer's products or services

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spiffs (push money)

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laws based on legislation passed by either state legislatures or Congress

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statutory law

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payment of large sums of money to officials to get them to do something that is illegal

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subordination

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agreement between a buyer and a seller in which the buyer is required to purchase one product to get another

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tying agreement

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legal guide to commercial practice in the United States

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Uniform Commercial Code (UCC)

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assurance by the seller that goods will perform as represented

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warranty