Terms of Sales to North American Customers
By: Jeffrey Matthews
There are many ways to sell to customers in North America. Many years
ago because the market in North America was so big, so new, and so
virgin (if one could say that), foreigners selling into North America
were mystified by its vastness of opportunities. When visiting its size,
diversity of people, and market potential for sales overwhelm North
America one. Sellers saw that customers were trading freely on open
account terms without payment guarantees. Buyers and sellers did business
domestically without payment guarantees. Companies were succeeding and
growing. Years ago the market was small in comparison to today's market
and not so many countries were involved in producing and exporting to
this market. A seller had to develop the market and assist buyers to
promote their stone. Incentives were given to the buyers in the form
of long-term payments like 90 days from bill of lading date. Originally
the banks through documents or drafts handled this. Eventually when
customers complained that these documents did not arrive and delayed
shipments at the ports causing demurrage or charges for storage that
cost the seller and the buyer money and time, it changed to where the
buyer would receive documents directly. As time went by, buyers became
used to these terms. Suppliers in order to compete had to sell this way
and out do their rivals by selling with even longer terms like 120 days
or 180 days; even some, for various reasons, offered consignment terms,
which means the buyer would pay when the goods were sold and money
collected to the Seller.
Well times have really changed. Sellers or suppliers are finding that
payments are not guaranteed even within the system in North America.
Many distributors, contractors, or buyers in North America are not even
getting paid themselves by their own customers and thus can not afford
to pay the supplier. Bankruptcies and terms such as Chapter 11 are being
learned by foreigners when they find out that the company they sold can
not and will not have to pay the supplier at all. Suppliers are finding
that they do not understand the legal system or ways of collecting money
from their customers. Some suppliers are now changing their terms of
sales to letters of credit only to find out that their competitors have
not. Since it is still a buyer's market and hundreds of suppliers are
selling with open account terms, how does one protect his investment and
sell in North America? Some suppliers are just backing out and saying to
themselves "let us sell South America or the Far East where buyers pay
by letter of credit or some guarantee payment; and these buyers are not
so demanding on the quality of the stone." Perhaps that is the answer.
On recent trips to Spain I have found that many suppliers have reduced
their sales to North America and are selling all they can to other
countries with some guarantee payments. Also the selection of stone in
Spain is not abundantly available in first or extra anymore in most
marbles. The granite demand in North America is tremendously low, so
now what to do?
The answer is simple. Miss working with one of the largest market
potentials in the world or try working to develop not only the market,
but also your financing in North America. When North America rebounds
suppliers will find that they will have a hard time rebounding them back
into this market. To sell in other countries means to know those markets
as well as the government, legal, financial, and the customs and
traditions of doing business. Every country does business differently.
The Japanese are notorious for being the best in the world when it comes
to studying the market they wish to enter. All suppliers and countries
to compete in the global market must do the same.
Selling stone or goods is not just selling the product but the terms
for which they will be paid. Suppliers are learning alternative ways to
meet the market demands and some of these ways are as follows:
Standby letters of credit Third Party Sales
Deposits Joint Ventures
Insurance Stock in the buyers company
Bank guarantees Consignment
Personal guarantees Your own warehousing
Factoring companies Agent handled warehousing
Loan agreements Protection on inventory by ICC
These are some ideas to name a few that might be considered. Many
suppliers are looking and studying new ways to sell. What is right for
you? These are just examples to be studied by each supplier.
The simple solution is to sell with a documentary letter of credit
payable with terms of 90 days or whatever is negotiated. However, if
one knows most buyer in North America, they know this is not possible
in 95% of the times. An alternate is to ask for a "Standby Letter of
Credit." This is less expensive and can be the back up guarantee the
supplier wants when he sells on open account. The way this works is
that the buyer is sold on open account terms and will pay the supplier
directly; company to company, in 60 days or whatever is negotiated. If
the supplier does not receive his money within, for example, 75 days
then he can collect 100% at his bank with the standby letter of credit
assuming it is properly written.
Get a local or even foreign insurance company to guarantee the money.
This is fine and works in some cases. The problem is that this can be
costly to the supplier and can cost upwards of 5% or more. Secondly, it
takes much time to get the account established with insurance companies
and in the meantime the supplier has lost a sale. When the buyer contest
the quality of the goods sold, it becomes difficult for the insurance
company, which in most cases knows nothing of stone, to resolve this
problem. The supplier is in difficulty again. In some cases, the
insurance company will only guarantee 75% of the payment and again it
takes time to get this paid to the supplier should a problem occur.
Some suppliers are now building into their price the cost of this
insurance, or asking the buyer to pay half the cost.
Check closely the credit of your buyers. Banks can get information as
well as credit companies to get financial reports on the companies you
wish to sell. This is very logical and correct. One should know very
well the company you are going to sell. This is not a guarantee.
Sometimes the reason a company has money in the bank is that they do
not pay suppliers. One also has to check the commercial trade and
find out how their buyer pays. Some people check for example D&B,
Dunn & Bradstreet or other such companies. This is fine but after a
while they realize these reports are really limited and not correct
and clear, especially on international buyers. Again, however, this
still helps suppliers to get a picture of their buyer. Some suppliers
are learning to get references from their customers and check out how
they are paying their other suppliers. This too is good and expands
the picture on the client. Do not expect it to be the best resolve.
Having a history of business buying and payment is always good and
should always be pursued. Many suppliers depend on local market offices
in North America or agents selling their products to know their
clients. This is good too but not even these people without the
monetary support of the supplier can do all the above themselves.
Business matters are time consuming and cost money. Most suppliers
do not want to invest any money or time to know the customers unless
it is a simple sales trip. In this trip they will never really study
the credit of the customers and rarely ask for this credit information.
You become too interested in the sale.
Some suppliers are taking the initiative to work and pay companies in
North America to gather information on the market and the clients. Some
governments are supporting trade bureaus in the countries to assist
them with this information. More of this should be done and promoted
by the government and the suppliers together. Push your local trade
association to establish with the banks credit information on buyers
and exchange freely this information.
Other avenue of selling is to ask the customer to give a deposit in
advance of shipping of 25 to 50% of the order thus reducing the risk
of full payment being received. Some customers are paying suppliers
CAD or cash against documents and if properly done this can be a
guarantee of payment of sorts. In most cases it can also be very risqué
and no guarantee at all.
In some cases, the suppliers are asking for the customer to supply
financial reports and in turn to sign a paper that says that if the
company does not pay the supplier the owners are personally responsible
for the payment. This type of added pressure puts the owners in
liability and gives more seriousness to the sell. In North America a
corporation can go bankrupt and the owner may not be responsible for
the payment. If the owner signs a personal guarantee it is another
matter.
Some suppliers are asking the buyer to sign special papers that
protect the inventory or stone being sold. This agreement does not
give the ownership of such goods over to the buyer until the goods
are paid for under ICC (Interstate Commerce Commission) rulings.
This will give some added protection to the supplier. Some suppliers
are asking that buyers sign loan agreements as if they were borrowing
from a bank themselves. These loan agreements if locally written can
be very enforceable.
You may wish to consider using finance companies in North America to
guarantee to the credit such as factoring companies. These factoring
companies will check the credit and collect the money assuming there
is no dispute over the goods. Others are using legal means to
establish credit and sales with buyers.
If you have a good agent you might consider joint venturing with
either the buyer or the agent to stock goods. This way you become
partners and both parties takes part in the losses but also in the
profit of the sales. By increasing your profit you can afford to take
more risks.
There are many ways to know your customers. The point of this article
is to open the door or the eyes of suppliers to know that alternatives
are possible and one should check everything out closely to know their
rights and the way of doing business in the market place they are going
to sell. In no way are the above ideas complete or final or the answer
to your needs. Suppliers must study their own financial risks and
capabilities and rewards. As there are many good suppliers who stand
100% behind the quality and selection of their production there are
many not so good suppliers. The same applies to buyers. The point of
selling goods is not just to take orders but to sell the terms of
payment, the quality and service of the supplier, and many other
factors that apply to marketing. Each supplier must gain knowledge of
their own production, costs, and profit, as well as knowing their
competition. You must also know the customers, the market, the
financial risks, and the rewards. I hope that this article will
encourage all suppliers to sell more stone in North America and do
so with the knowledge that they must study the way of getting paid
when they can not get a letter of credit.
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