selling question (agencies) URGENT

beller10

hi i am currently in the process of buying an order from a factory who had a cancelled order from a company who has agents in ireland, can i legally sell these to shops or would i be breaking copyright laws.

any advice would be great

thanks

MyBusinez.com

So what you're saying is a certain shop/ agent had ordered stock from a manufacturer but after the stock was ready/ almost ready the order was cancelled. So you're buying the left over stock that was manufactured but then cancelled?

beller10

Yes exactly sorry my explaining was pretty
Terrible. Left over stock the companies don't want. Any ideas if that's ok or not

Cheers for the reply.

Bigcheeze

Don't think you can be stopped from selling the goods.

If the agent(s) in Ireland have an exclusive reseller arrangement with the manufacturer, they might have a beef with the manufacturer but it shouldn't prevent you from selling. Why don't you ask the manufacturer if there's going to be an issue with the agent ?

Condatis

beller10 wrote: »

hi i am currently in the process of buying an order from a factory who had a cancelled order from a company who has agents in ireland, can i legally sell these to shops or would i be breaking copyright laws.

any advice would be great

thanks

Copyright applies only to published material – such as music, software or stories. You do not breach copyright if the rights of the owner of that copyright are satisfied.

An agency agreement is a different matter and the contract is between the supplier and the agent. I would imagine that if the agent fails to take up an order he abrogates any exclusive distribution rights.

beller10

the manufacturer is hard to get information from so not really an option to get a good opinion from them my problem if i was to come accross any i would think would be in ireland customs. i will be getting paperwork to prove that i have paid for these goods.

so really my two questions are. ?

1. will i have a problem with customs ?
2. can i sell to shops or can brand agent shut me down ?

thanks for all the feedback really appreciate it.

keep it coming.

MyBusinez.com

1. Regarding customs, you will most likely have to pay Import Duty if they are coming in from outside Ireland.
2. As above, I don't think there will be any issue selling brands. For instance, if you sell Sony Cameras in your shop the Sony Shop/ Agent isn't going to shut you down.

beller10

yes im aware of the duty that will be around 10%

as with the sony cameras the issue is was it sold to the shop by a sony agent he could want to know how you got these cameras as it was not through him and he is the seller for ireland. thats the trcky question i need to find out.

am i making sense.

MyBusinez.com

Oh I see what you mean. So this agent has the exclusive rights to sell the product in Ireland? That could be an issue all right. You could exploit a possible loop hole by selling your products on-line?

beller10

yes thats the tricky part. i am not sure if the agents have exclusive rights as it would be hard to get that sort of information from them. but i have been told this morning that it should be ok as the goods are not counterfit but im not sure.

yes the online thing might be an option but i want to sell in bulk so that might not work.

Condatis

beller10 wrote: »

yes thats the tricky part. i am not sure if the agents have exclusive rights as it would be hard to get that sort of information from them. but i have been told this morning that it should be ok as the goods are not counterfit but im not sure.

yes the online thing might be an option but i want to sell in bulk so that might not work.

If the agent has 'exclusive rights' which have been granted to him by the manufacturer those rights hold good only so long as both parties fulfill their commitments to each other. If the agent cancels an order the supplier is then released from the obligation not to supply others (you).

In any event the only party against whom the agent could take an action is the supplier. As you have no relationship with the agent in this instance he would have no cause of action against you. This is a brief summation only, there could be other factors but I think that this would cover your situation.

beller10

yes thats pretty much the feedback i have recieved today i suppose ill just go ahead with it and hope that nobody kicks up a fuss about it.

thanks everyone for your feedback it has really helped and if anyone has anymore views or experience on it or agencies i would love to here them.

thanks

MyBusinez.com

beller10 wrote: »

yes thats pretty much the feedback i have recieved today i suppose ill just go ahead with it and hope that nobody kicks up a fuss about it.

thanks everyone for your feedback it has really helped and if anyone has anymore views or experience on it or agencies i would love to here them.

thanks

Good luck with it Beller10. I hope you do very well