Sales Chapter 2

Administrative Law

established by local, state, or federal regulatory agencies

agent

a person who acts or does business for another

Backdoor selling

when salespeople ignore the purchasing agent's policy, go around his or her back, and contact other people directly involved in the purchasing decision

bribes

payments made to buyers to influence their purchase decisions

Business Defamation

occurs when a salesperson makes unfair or untrue statements to customers about a competitor, its products, or its salespeople

canned sales pitch

a scripted sales pitch to follow without deviation

collusion

Competitors working together while the customer is making a purchase decision

common law

grows out of court decisions

conspiracy

an agreement between two or more persons to commit a crime

contract to sell

anytime a salesperson makes an offer and receives an unqualified acceptance

Credulous person standard

the company and the salesperson have to pay damages if a reasonable person could misunderstand a statement

cultural relativism

View that no culture's ethics are superior

deception

the withholding of some details of a study from participants (deception through omission) or the act of actively lying to them (deception through commission)

ethical imperialism

View that ethical standards in one's home country should be applied to one's behavior across the world

Ethics

the principles of right and wrong that guide an individual in making decisions

expressed warranty

an oral or written statement by the seller

False Claims Act

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 (all states now have their own version, too)

FOB factory

Buyer assumes responsibility for any loss or damage incurred during transportation

Foreign Corrupt Practices Act

makes it illegal for U.S. companies to bribe foreign government officials to obtain or maintain business over which that foreign official has authority

free on board destination

Seller has title until goods are received at destination

implied warranty

an unwritten guarantee that the good or service is fit for the purpose for which it was sold

Invitation to Negotiate

sales presentation

kickbacks

payments made to a person who has facilitated a transaction

lubrication

Involves a relatively small sum of cash, a gift, or a service given to a low-ranking official in a country where such offerings are not prohibited by law

manipulation

eliminates or reduces the buyer's choice unfairly

offer

When one person proposes a contract to another; if the other person accepts the offer, a binding contract is formed.

orders

Written offers from buyers or agents

persuasion

A kind of speaking or writing that is intended to influence people's actions.

poaching

Unethical practice of stealing potential customers from other salespeople

price discrimination

the business practice of selling the same good at different prices to different customers

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

Reciprocity

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

resale price maintenance

price fixing imposed by a manufacturer on wholesale or retail resellers of its products to deter price-based competition

sale

the transfer of title to goods from the seller to the buyer for a consideration called the price

sales puffery

Unreliable statements that do not state the inherent capabilities of products or services

sexual harassment

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature

spiffs (push money)

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

Statutory Law

Based on legislation passed either by state legislatures or by Congress

Subordiantion

paying larger sums of money to higher-ranking officials to get them to do something that is illegal or to ignore an illegal act

trade secrets

Information owned by the company by which the company gains a competitive advantage

tying agreement

Buyer is required to purchase one product in order to get another product

Uniform Commercial Code

A collection of laws that governs various types of business transactions.

warranty

Assurance by the seller that the products will perform as represented