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Newsletters
SALES REP LEGAL NEWSLETTER
Vol. 99 No. 8
If You Cut The Goods!
The Old expression, "If you cut the goods, you own the goods" is not good law!
- If you can see the defect in the goods, and you cut same, the cutter owns the goods.
- However, if the defect cannot be seen or cannot be detected under normal testing, the cutter may not be responsible for payment of the goods.
- The ISSUE always will be whether or not the buyer of the goods should have examined the goods or tested the goods beyond what was normal under the circumstances.
IF YOU HAVE this type of problem, feel free to call (818) 385-1469 for further advice.
By: J. Jordan Gustin, Senior Attorney
*CERTIFIED IN CREDITOR'S RIGHTS BY THE AMERICAN BOARD OF CERTIFICATION
SALES REP LEGAL NEWSLETTER
Vol. 2000 No. 7
©Gustin/Libraty 2000
Importance of Keeping Records
- Agreement made giving a Credit Memo for $1000.00. Nothing in writing. Customer deducts $5000.00, court grants $5000.00 allowance.
- Agreement made allowing a return of goods. No writing made, return refused. Court grants credit for return.
- Order called in. Nothing in writing. Customer refuses goods claiming they were never ordered. Court allows non-payment of order.
- Customer agrees that goods shrinkage is allowed to 15%. Nothing in writing. Court allows full return and credit on 10% shrinkage goods.
PUT EVERYTHING IN WRITING!!!
Your membership allows you to ask legal questions at (818) 385-1469 without charge and to have a 30-minute consultation without charge.
By: Jordan Gustin, Senior Attorney
SALES REP LEGAL NEWSLETTER Vol. 99 No. 8 © Jay Gustin 1999
CLAIMING COMMISSION ON RECORDS AFTER TERMINATION
General Rules
- CATALOG SALES: - General Rule, Sales reps are entitled to commissions until catalogue season ends.
- AAFES: - Army Air Force exchanges. Sales reps are entitled to commissions on reorders for the six-month season involved.
- SPECIAL ORDERS: - Disney, Warner Brothers etc., Sales Reps entitled to commissions for as long as the Special Order merchandise is reordered.
- EXCEPTIONS: If Sales Rep contract prohibits payments on reorders, or if company policy does not allow for same.
Note: The above rules are different in different states and upon different situations. To be certain, have a reorder agreement in writing. If you wish more detailed information feel free to call Jay Gustin at (818) 385-1469.
By: Jay Jordan Gustin, Senior Attorney
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