Need Legal Advice or Help about Intl Business Disputes?

Question

I am in Canada and did some interntional business as commission agent. Basically I source the product (fresh produce) for the local client overseas. But the product is shipped by the exporter to my client here directly. Due to quality problem, my client could not pay me any money for the problem product (because the sales return hardly covered the sales cost). Yet the overseas shipper kept pressure on me to pay off all the product (even bad ones). I told them I would pass the money to them if I got any from the customer (whenever there is quality problem, I don't expect any commission, just want to have the problem solved). They threat to sue me overseas or here if I don't pay off. I told them I am only an agent. My customer is repsonsible for this.
Is there any legal advice anybody can provide or is there any law that I can use to "set me free" from this dispute?
Any advice and help is highly appreciated.
Thanks
KK

Answer 1

I would consult with an attorney experienced with intl business law. Depending on the amount I would just pay off the shipper and tell the customer they going to be charged extra on their next order.

Answer 2

Ok, first things first - how does this issue get resolved to your satisfaction?

For example, do you need to continue your relationships with local customers and your overseas supplier? If so, then legal action should be a last resort. If your overseas supplier is easy enough to replace (and they want to remain your supplier), then you have a negotiation tool or an option to leave on terms that suit you, not them. If you can ignore the customer, then you might want to 'pass-the-buck' to them.

Secondly, do you have any written agreement between you and the supplier? If so, what terms are mentioned and what jurisdiction is the agreement to be enforced? If you don't have any written agreement, then you and the supplier are both in a quandary, especially since your local laws might see you as an employee rather than an agent. If you do have a written agreement, consider if the terms are being applied fairly in this instance - spoiled goods are a cost of doing business, and they should know this. Also consider how liable you actually are - if you act in good faith and their damages are minimal, then suing you will probably not get them what they want.

Certainly use this as a chance to get your house in order - decide what risk you will assume and how to solve future disputes. As an agent, you really should be a gateway to business, not a guaranteed source of revenue for the supplier, regardless of their service to you. You should, for example, have the bill of sale written up as between the customer and the supplier, with you being paid commission directly by the supplier (perhaps partly in advance).

Before you jump into legal action, try to be very clear about how the situation is resolved and how you and the other parties would prefer things to be once it is resolved. Consider using an arbitration service - either an attorney, a government body or any responsible person that all parties agree to discuss their concerns with.

Hope that helps.

Answer 3

Firstly, confer with a lawyer about your situation that will be made into an Affidavit then inform your exporter about the perishable product, why I did not arrive on time that cause rottenness, so he can replace i t if necessary. And if your customer refused to receive the goods on stated due date ,he is responsible.

Answer 4

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