Criticisms on Circular of North American Phonograph Company
“RULES GOVERNING SALES AGENTS AND DEALERS”.
“OUTSIDE BUSINESS”.
In case cash sales are made at the “principal office” of Dealer to a “purchaser in person” for use outside of territory, is Dealer entitled to any commission? If not he should be allowed proper amount for his expense, as freight, repacking, etc.
Would it not be better to allow dealers to sell at regular list prices at their office for delivery and use, in territory outside of that controlled by them, as for instance, supposing a purchaser should appear at the Philadelphia Head-quarters, order machines, &c., and direct the same sent into the New York District; it would not be wise to refuse the order, and it would seem that the Philadelphia dealer should be entitled to some sort of commission for his time and trouble. The general idea of reciprocity ought to make things equal in this particular, but unfortunately all men are not alike, and while some would work gratis for the general good, others would be hoggish enough not to do so.
“SALES”.
Is agent restricted as to sales he may make of goods which are not furnished by the N. A.P. Co., nor included in the “current list of prices published” by them.
“CONTRACTS”.
In case North American Company makes contracts to supply educational institutions, corporations or individuals, having purchasing offices “located outside of the agent’s territory”, and such machine or supplies are used in agent’s territory, does agent get a commission?
“PAYMENTS”
Under some special conditions cannot agents be furnished with sample machines, musical records and other supplies upon proper guarantee for their return if not sold?
“TELEGRAMS, EXPRESS AND FREIGHT CHARGES”
In stating that you make no allowances for cost of packing, I suppose you refer to goods returned, as you state you deliver the goods F.O.B. at Orange, N.J.
“OPTION TO RE-PURCHASE”
Should not the North American Company agree to “take over” at cost, all new machines and supplies, in the hands of the dealer in case they exercise the right to terminate the contract, instead of making it at their option to do so or not? CRITICISM ON THE PROPOSED NEW AGREEMENT BETWEEN THE NORTH AMERICAN COMPANY AND THE LOCAL COMPANIES.
I have not yet compared the new form agreement with the old contract, so as to be entirely conversant with the points of difference whereby the new one will supercede or conflict with the old one, but at first glance the following criticisms occur to me.
SECTIONS 2 AND 8.
Should not exhibition proceeds, automatic or otherwise, be included as well as sales and rentals?
SECTION 5.
There is no statement as to the manner the stock of supplies and appliances taken over by the party of the first part, under this Section, are to be paid for, in case they should exceed the amount which the party of the second part shall be indebted to the party of the first part, etc.

SECTION 6.

Has any detailed statement been considered as to how far the sum of $5,000. would go in advertising in the publications named?

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