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Sole distributor for brand, other trading import different packing
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mini orchard
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 Aug 11 2020, 07:01 PM
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QUOTE(peigeng @ Aug 11 2020, 04:59 PM) Is sole distributor and sole agent the same thing? If I am a sole agent and someone is doing parallel import from China wholesaler (not from manufacturer directly), can I take any legal action against the importer who bring in this products?Can I report to agency to seized those shop who are selling this products ?Our products are same,same barcode but mine with my company label No. The only different is if the product has warranty, the sole importer will not entertain the claim. They can repair but standard charges applicable. |
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mini orchard
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Aug 12 2020, 08:28 AM
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QUOTE(peigeng @ Aug 12 2020, 07:27 AM) Brand owner get court injunction to stop those resellers selling is definitely not in their point of view,because ultimately they are the producers and it is manufactured by them.however if Malaysia sole agent has this brand and trademarks registered in Malaysia,I as a sole agent can stop reseller selling this? P.s. I understand that I can't stop them from importing but can I stop them selling as they have no exclusive right of selling in Malaysia.brand owner can back me up on this |
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mini orchard
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Aug 12 2020, 02:20 PM
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QUOTE(peigeng @ Aug 12 2020, 02:03 PM) Other than legal action.can we ask other authority to check and seized those product?It is a canned food products,I believe those seller didn't apply for jabatan kesihatan and kpdnhep approvals.just too bad our packaging are same ,same barcode, just without our label stickers. In your case, if manufacturer wants to appoint sole distributors in every country, they wouldnt need to appoint a wholesaler or they instruct wholesaler to deal with appointed distributors only. It defeats the purpose of the supply chain. A real market scenario during my time... The printers market is so competitive in msia and major brands face tough market to supply to major tender customers from parallel importers. This post has been edited by mini orchard: Aug 12 2020, 02:39 PM |
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mini orchard
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Aug 12 2020, 03:09 PM
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QUOTE(peigeng @ Aug 12 2020, 02:53 PM) No.manufacturer doesn't appoint anyone here in Malaysia.Our company is the only one to look for in Malaysia.however , Malaysia importer look for wholesaler in China and bring in this products.meaning to say, manufacturer didn't supply them directly.they bring in these consumables canned food without going through kesihatan and kpdnhep.and selling at much lower price.taobao is selling those products at very cheap price.our cost is roughly about the same as what you can buy at taobao.but those importers has no right to sell them at Malaysia market right?We have our band and trademarks registered in Malaysia,does this help to prevent them bringing in and give us more protection as a sole agent and distributor? The fault lies with the manufacturer for appointing a wholesaler in China. If the manufacturer have tight control of supply chain, your problem wouldnt have happened. The wholesaler is like you ... sell to anyone. |
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mini orchard
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Aug 12 2020, 03:36 PM
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QUOTE(MUM @ Aug 12 2020, 03:21 PM) :confused: :confused: it is the people buy from China and sell in Malaysia wor... It doesnt matter. I can buy from outside China and sell in msia. Profit matters. Just like the printers market, ... parallel importer buy from Indonesia and sell in msia. |
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mini orchard
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Aug 12 2020, 03:52 PM
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QUOTE(MUM @ Aug 12 2020, 03:37 PM) yes, then it is not "The fault lies with the manufacturer for appointing a wholesaler in China." then If manufacturer control supply chain and fixed a price, no one can sell below ts price. |
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mini orchard
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Aug 12 2020, 04:34 PM
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QUOTE(MUM @ Aug 12 2020, 03:57 PM) parallel importer will be able to sell the phones in Malaysia at a price higher than the exporting country but lower than the authorized distributor or licensee in Malaysia due to factors such as fluctuations in currencies, different market strategy, trade policy and distribution costs. https://henrygoh.com/issues-revolving-aroun...rallel-imports/Manufacturer can control prices and all their sole importers but if they have wholesalers, they cant do much. In addition, any sole importer in any country that are found exporting to another country can have the agency terminated. |
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mini orchard
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Aug 12 2020, 04:47 PM
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QUOTE(MUM @ Aug 12 2020, 04:36 PM) it is not exporting to sell in Malaysia...it is they sell in China, then the buyer in china sent to Malaysia The issue is the supply chain. If manufacturer cannot control that, the problem cannot be solved. |
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mini orchard
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Aug 12 2020, 05:04 PM
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QUOTE(MUM @ Aug 12 2020, 04:57 PM) yes cannot solve as can be seen from many other parallel imported goods in many other countries too. i think, it is not the manufacturer's supply chain issue...the supply, demand and distribution has no issue it is the "globalization and entrepreneurships" of people. where ease of communication, transportation and the availability of internet for info seeking and sharing do play a part As a wholesaler, I want the liberty to sell to whoever and whatever price with my commitment to the manufacturer of a fixed monthly quantity. |
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mini orchard
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Aug 12 2020, 07:04 PM
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QUOTE(aspartame @ Aug 12 2020, 06:34 PM) I dun understand how those ppl can buy from China and resell to Malaysia at cheaper than TS sole distributor price in Malaysia? Unless TS not getting best price from brand owner? China wholesaler volumn could be 10 or 50 times more than ts thereby lowering per unit cost plus volumn incentive plus monthly quota incentive. It works the same here. Why 99-speedmart prices are cheaper than many hypermarkets for some products. One retailer can sell below unit price but it never a loss sale. Free gifts of smaller pack with large pack by manufacturer used to be unbundled by retailers and sold separetely. But now manufacturer have it printed 'Not for Sale' but it didnt stop some retailers to cover the wording and resell. If you follow Giant August merdeka promo, everyday, there is a product for sale at less 50%. When the right product for me, I will take minimum a dozen. So is other smaller shop owners .... they cant have this price from their wholesaler ! 
This post has been edited by mini orchard: Aug 12 2020, 07:12 PM |
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mini orchard
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Aug 12 2020, 07:14 PM
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QUOTE(aspartame @ Aug 12 2020, 07:11 PM) Those “loss leader” strategy is different lah... used 1 or 2 items to attract ppl In business is all about strategy. Whatelse can fight off competitors ? |
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