The violation provision protects the weak trend business agent with difficulty
The editor's note/research indicated: After a state economy development achieves average per person GDP surpasses 3000 US dollars stages, is precisely expends the scale to expand, expends the important period which promotes, the luxury goods market also simultaneously enters the development momentum strong stage. The potential huge and develops the strong Chinese market to become each greatly Multinational corporation to struggle compete's goal.
The Multinational corporation to dodge the risk, reduces enters the cost, often chooses the Chinese Enterprise to take its brand proxy organization, carried on the ahead of time market cultivation and the development, shifted the operation cost in disguised form, treated the conditions are ripe, then did not hesitate to break a contract the reclamation power of attorney, the Enterprise created the heavy loss for China.
jin 1-2 nian lai, along with the Chinese market maturity's promotion, each greatly Multinational corporation impels in abundance take China as the core (or important component) the global strategy, from this causes with the proxy related to bid good-bye the gate event to occur repeatedly, Chinese Enterprise in proxy question bitter experience test.
2010 in July, may send the industry Limited company regarding Shenzhen (to hereafter refer to as may send company) president Zhao Yunhu, not only the intense summer heat is unendurable, simultaneously is also he must make a difficult choice the time important pass.
Letters which on May 20 sends in according to SK group subordinate enterprise SKN, may send the company and SKN signs from 2005 8 year agency agreement expires the reason which from July 1 .SKN gives is, the company must carry out the SK group's global strategy. But this to may send the company actually to mean the massive loss. Those who let Zhao Yunhu the pain is, regarding they such brand business agent, most recent several years belongs to with concentration the incubation period, regardless of from market transport business, public relation, public opinion propaganda, arrives at the omni-directional market investment,baby blanket, needs the business agent breakthrough layer on layer barrier, to pay the huge price, only then can recoup the outlay of capital gradually to the later period and gain the profit, SKN stops short the agreement, without doubt causes to be possible to send the company earlier period investment to be very difficult to take back.
Approaches the unreasonable request regarding SKN, Zhao Yunhu separately sends a letter to SKN on June 8 and on June 18 person in charge C.K. LEE and SK president Cui Taiyuan, requests opposite party to continue to fulfill the agency agreement, and asks SK gang survey SKN with to be possible to send company's cooperation fact, and intervenes, actually has not obtained any reply.
On June 30, the self inductance suffering from injustice may send the company to decide that takes up the legal instrument, considers the court SKN.
Bids good-bye behind the gate benefit to compete
In the current case, we had not proposed that the concrete claim amount, is only requests opposite party to continue to fulfill the contract, if opposite party acts willfully, will not remove us to further file the large amount claim lawsuit. Zhao Yunhu said that continues to fulfill the contract is only a question aspect, before then, the SKN some evil intention hindrance contract execution's behavior, maximum limit was already testing the Chinese business agents the tolerance, and compels but actually the bilateral cooperation the fission the edge.
But (alias) looks like in professional Qiu Hua, before the malicious hindrance contract execution is stops the agency agreement the hand, the Multinational corporation and business agent's benefit competes in namely started before this.
The matter must mention from 2005. In the past, might send the company to act presently for South Korean SK Group Subordinate Enterprise SKN female attire brand KANG JIN YOUNG, both sides has signed 8 year contract. In may send the company pains cultivate the period, the bilateral cooperation presented not the harmonious factor.
According to the bilateral agency agreement, may send the company as the business agent to need to open the foot 50 shops in 5 years, but cooperates the time beginning from both sides, SK group subordinate enterprise SKN and brand owner OBZEE Corporation then altogether reached as high as 43 vetoes to be possible to send the company to open a shop the plan, either protracted decision-making, either refused, to create deliberately may send the company surface violation the fact, but behind was actually is fighting for the benefit with our these business agents. Zhao Yunhu said.
The typical case occurs in 2008, may send the company to apply ' to open a shop in Macao top market `Venice person, after obtaining the OBZEE authorization, might send the company to pay the Renminbi to the market 280,000 to take the earnest money, this time just when SKN just merger and acquisition OBZEE, under the SKN leadership, opposite party take verified may send the company to repair the plan as by to delay the entire 3 months, not only caused to be possible finally to send the company to construct the shop not fruit, its earlier period investment's 280,000 Yuan earnest moneys threw away carelessly, meanwhile must compensate the market 3 month detentions to open a shop the expense 800,000 Yuan, faced with compensation lawsuit.
Zhao Yunhu has enumerated SKN did not cooperate since October, 2007 the performance: The goods supply continues not to be able to give the guarantee; Not cooperates the convention according to the contract and both sides, refuses to exchange a purchase the bad goods below standard; The premeditated supply lag, creates market supplies insufficiency and so on .SKN after 2008 did not give provides the authorization which the brand development needs to prove that causes to be possible to send the company only to be able to depend on own prestige and the prestige and the market carries on the cooperation, increases the massive cost investment.
Although cooperates fills windingly, may send the company nimble market strategy to make into within 5 years KANG JIN YOUNG may the brand which and so on compares favorably with international apex brand like CHLOE, MARNI, becomes the Eastern high-level female attire representative. Opposite party stops short the agreement, very possible is saw `picks the peach ' the opportunity had been already mature, but this to `kind of peach ' the human is too unfair. Zhao Yunhu said.
Or, this is the well-known brand enters the Chinese market most regularly pattern, world-famous underwear brand Luo Beira Asian and Pacific area trustee General Manager Andrea declared, the Luo Beira's market strategy is, just entered the Chinese market in the brand the probe time, lets the familiar market the Chinese native place distributor goes to a city to try the water, after and so on markets open up the perspective initially, recycles the dealership gradually, then lets the distributor open the new market again to two third-level cities.
Under Multinational corporation's strong trend extrusion, this is the Chinese business agent's typical destiny. Zhao Yunhu and may send the company is by no means bids good-bye the gate first victim, before then, ten thousand Baolong once announced that takes back the maritime country auspicious letter clock and watch Limited company's power of attorney, the experience peak group gradually has also recycled serves under somebody's banner ascends the happy road, Chlo and so on power of attorney. On July 1, in Shanghai Jinjiang Disheng commercial building's Polo Ralph the Lauren gate shop was also announced that Corporation takes over control completely by Polo Ralph Lauren, business agent Disheng founds is similarly also thrown in one side.
In order to depend on the international brand to obtain the survival, many business agents can not but compromise for the general interest, may send the company is compelled to be able not but to mention the lawsuit a case. Qiu Hua appraised to reporter.
The violation provision is unable to say for certain to protect the weak trend business agent
According to Zhao Yunhu view, if SKN continues to fulfill the contract, that after the following 3 years contract had finished, may send the company definitely to be possible completely the KANG JIN YOUNG customer, the market as well as the shop turns over for SKN. this looks like to SKN should be more advantageous, but why the SKN stopping short agency agreement? What behind its so-called global strategy means?
Regarding may send the company,cool baby clothes, since opposite party namely has had the violation behavior in the contract implementation, why can arrive opposite party has made up mind to stop when the agreement only then takes up legal the weapon? It is well known, our country civil law entrusted with the contract litigant such as to contradict the power restlessly, fulfilled first contradicts rights and so on power, carried out in opposite party evil intention hindrance contract,（Related Articlesbaby gift Liked Lotus Saying that had the love ox）, might send the company to have the superiority in the law.
Moreover, why arrived compels to mention the lawsuit time, also is only the request continues to fulfill, but has not requested opposite party violation compensation (our country civil law and the law of contract has stipulated: The request continues at the same time which fulfills is may request the violation compensation)?
Regarding this, in the luxury goods profession served many year Pengze attorneys (alias) to open the behind secret to reporter, all above questions, reason from a most basic fact: Chinese business agent's weak trend status.
Pengze said that as a result of the Chinese consumers to the luxury goods brand's blind expense,toddler toys, the business agent profession enterprise's blind competition, caused Multinational corporation's brand company to obtain in addition has surpassed global other any market the superiority status.
At the same time, the Chinese luxury goods consumer market potential is huge, it is reported that said that to 2015 around, in the Chinese market's luxury goods sales volume will occupy the global total sales volume 29%. many luxury goods group enterprise the time which drops in the bitter experience other market sales revenue, has actually obtained stable and the strong development in the Chinese market.
On the other hand, is also under the above background, China's massive luxurious brand business agents need to pass through frigid PK to be able to take the power of attorney, this caused the business agent to have the right slight defect directly in the initial agency agreement, for instance you were not want to sign the penalty provision, good, then I traded other one to act. Pengze told the reporters.
But the penalty provision is broken a contract the enterprise to obtain the claim the direct basis, has the important meaning to contract both sides, lacks the penalty provision, enterprise need more evidence proves the loss which because oneself opposite party breaks a contract creates.
Pengze believed that take may send the company case as the example, although the enterprise preliminary cost investment is huge, but if wants to prove that own loss, the enterprise must make the reasonable forecast to the future three year market operation profit, but must use the evidence to prove that perhaps this forecast the rationality, is quite difficult, in this often is also the Multinational corporation anticipates the matter.
Bids good-bye the gate event's frequency along with the luxury goods to send, or was the ponder deals with plan the time.
The profession association may carry on the prestige rating to the multi-national brand, guides the Chinese consumer's expense, then gives the attack to the malicious violation enterprise. Pengze suggested.
Under does the proxy mine field test's Chinese Enterprise, how make good use of the law in the commercial war, perhaps still needed the date and time.
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