Find us elsewhere
Join Now Member Login

Patent Pending - Setting up Distributors/Dealers How To?

 
New Topic
Post Reply
Follow Topic
Page of 1
  • Author
  • Message
 
victoriabella

posts: 16

Mar 06, 2008 10:12 PM ET    Quote  Report Abuse
Points: 0   Vote
My fiance and I recently launched a successful global product manufacturing company from the ground up. We are in the process of finalizing the PPA within a week. We have found a unique niche in which the markup is approximately 130% to 300% & sales actuals up vs. prior month consistently. Therefore, we are planning a strong growth strategy for 3-4Q`08.

We already have prospective dealers lined up that have requested to sell our product. At this critical phase, we want to ensure we are cognizant of the options available to us. Is there a good resource/book/site/advice that a seasoned business owner can recommend on setting up distributors, the legal ramifications, etc.

* Also, along those lines, we are going to seek out an injection of cash flow in our initial seeding months -- where is the first place a business can start to seek out vc`s and angels? We have a proven track record & want to be able to sustain the growth that is coming our way.



sabeier

posts: 6

Mar 06, 2008 10:54 PM ET    Quote  Report Abuse
Points: 0   Vote
  I have never seen a book that can cover all the different scenario`s. I am wondering, are you setting up exclusive distributors, or exclusive manufacturers rep agents?
 
 The distributor would be buying, stocking, and reselling your product, where the rep agency would only be attempting to sell your product for a commission of the sale.
 
 Obviously, if you have distributors who want to purchase and resale your product, then the only problem you have there is deciding the minimum they would have to purchase in order to be a reseller of your product. Limiting all distributors to a minimum purchasing amount weeds out the tire kickers and pulls in the real distributor. A good distributor can make your business grow beyond your wildest dreams. Be carefull about giving out exclusive distributorships. You could very easily be limiting yoursef and your products growth ability. If you have to give an exclusive, then limit the time and provide a minimum amount of units that must be purchased during that time frame in order to continue being an exclusive distirbutor.
 
 Now, if you are talking about rep agents that want to sell your product for a commission, then you have to be more skeptical. A good rep firm can help grow your business, though if your product is not their number one product, they will tend to spend more time on the products that sell the best to the customer base they are familiar with. Many rep firms want exclusive rights to certain territories, and they want to be paid the commission on the sale no matter who brought the business in. This can be quite hard to do when you know your the one who sold the customer, though your having to pay a commission to someone for doing absolutely nothing. This is why you have to be very carefull. The best rep agents will be willing to market, stock and ship your product from their warehouse, while you handle the invoicing of the customer and collection of the payments.
 
 I am not a lawyer though my understanding of the law is that anything written and signed by both parties is legal binding on both parties, though both parties must have a way of getting out of the contract.
 
 I hope this helps...If I knew your product, then could probably be more helpfull.
 
 
victoriabella

posts: 16

Mar 06, 2008 11:50 PM ET    Quote  Report Abuse
Points: 0   Vote
Thanks. That was very helpful. We are planning to work with these dealers on a distributorship level. Therefore, they will purchase/stock and resell the product & we will work out a profit split. This type of relationship is new to our business & we want to ensure we cross all t`s and dot all i`s.  Also we are currently researching/seeking solutions to things such as:

  • What type of attorney to seek out to set up the distributor/manufacturer relationship contractually?
  • What are key elements of the relationship in general and contractual terms?
  • How to ensure quality assurance and that the brand is being marketed/sold according to our brand equity and standards?
  • What to look for in a distributor & what information they should provide us?
  • A strategic guide path for growing your business with distributors-- starting from ground zero.
Our first full fiscal year of `08 -- our projected sales are around $60k -- that is with minimal grassroots advertising/pr/wom. Our first four months in business we brought in approximately $20k with little overhead costs since we keep expense low (and the product is not costly to build). We want to hit our six figure mark this year -- but realize we need to be strategic about our distribution methods. We are a newbie business & want to get it right.

randyb

posts: 5

Mar 07, 2008 10:03 AM ET    Quote  Report Abuse
Points: 0   Vote
Market distribution is generally determined from your market research.  What I mean by this, is that you want to determine who is the end user of your product and where would they go to buy it.  You want to have your product available to your potential customers with the maximum amount of exposure.  This will  help you decide on who would best distribute your product.
 
I did this with my invention zoomplane and organize distributors around the world.  I also did this with another invention "a 3D lithograph" that I licensed with Walt Disney.  In the case of "zoomplane", I determined that kids and their parents purchased the product when they could see it demonstrated.  This eliminated retail stores as a potential means of distribution so I organized distributors that sold at trade shows, fairs, exhibitions etc.  In the case of my "lithograph", I determined it was purchased by women between the ages of 20 and 40 so I organized distributors that sold to retail stores that targeted that demographic.
 
How you organize a "distributorship" depends upon your marketing strategy.  The key principle is that you want your distributors to be successful with your product.  You want them to sell lots of your product and make a lot of money.  The form of a distributorship can have varying structures such as "franchises", "wholesalers and jobbers", agents etc. and there are different legal ramifications to each type of structure.  Franchising is the most expensive and legally complicated structure.  The others are easier. Corporate attorneys that have experience in establishing agents or franchises are familiar with these structures.
 
You will find that potential distributors have different connections and skill sets and you have to use a strategy that is flexible in allowing them to obtain maximum sales for your product.
 
For example, a distributor may want a geographical exclusive or perhaps an exclusive to a particular venue or retailer they have a relationship with.  The key is to negotiate relationships that are workable and allow for maximum participation of your network of distributors while not  forgoing any exclusive marketing rights without some minimum sales guarantees. With my distributors, I had agreements with option clauses that allowed for different terms depending on what the distributor could do. 
 
 Hope this helps.
 
 
 
 
randyb3/7/2008 10:07 AM


-------------------------

Randy
Inventor-Strategies
PJBUISSON

posts: 2

Mar 07, 2008 3:49 PM ET    Quote  Report Abuse
Points: 0   Vote
The cost of international shipping can kill your business.  I work with many start-up companies and small companies that export their product.  If you are shipping parcels (boxes under 150 pounds) you should be able to save 30% - 50% off the list rate with DHL, UPS or FedEx if you find the right third party shipping partner.  A number of heavy freight ocean and air decisions need to made if you are shipping weights over 150 pounds per destination.  A consultant that knows what they are doing should be happy to spend the time to meet with you to evaluate your needs and explaine the process.  The problem is that consultants are fighting over the companies that spend lots of dollars on shipping.  But there are a few that will work with you now and help you grow your business. 
victoriabella

posts: 16

Mar 07, 2008 4:56 PM ET    Quote  Report Abuse
Points: 0   Vote
PJBuisson, I think you posted to the wrong posting. Not really discussing shipping on this one. Thanks though.
PJBUISSON

posts: 2

Mar 07, 2008 5:32 PM ET    Quote  Report Abuse
Points: 0   Vote
sorry
 
Page of 1
Post Reply
 
.
Advertisement

Keep the Community Clean!

  • StartupNation forums should be used as a platform to learn, educate others, share stories, tips & tricks and to provide constructive feedback.
  • Please do not use the Forums for advertising & blatant self-promotion.
  • Please be respectful to other members and refrain from personal attacks and vulgar language.
  • StartupNation reserves the right to delete any message, reply, and/or member who violates our terms of use.
Read full terms of use
Advertisement
Advertisement
Advertisement
Advertisement