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Chapter 17 Ethical and Legal Responsibilities of Sales Managers

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12/7/2010<br />

Fig. <strong>17</strong>-2 The American Marketing Association’s<br />

Code <strong>of</strong> Ethics<br />

• Rights <strong>and</strong> Duties <strong>of</strong> Parties in the Marketing Exchange Process<br />

Participants in the marketing exchange process should be able to expect<br />

that:<br />

• Products <strong>and</strong> services <strong>of</strong>fered are safe <strong>and</strong> fit for their intended<br />

uses;Communications about <strong>of</strong>fered products <strong>and</strong> services are not<br />

deceptive;<br />

• All parties intend to discharge their obligations, financial <strong>and</strong> otherwise, in<br />

good faith; <strong>and</strong><br />

• Appropriate internal methods exist for equitable adjustment <strong>and</strong>/or redress<br />

<strong>of</strong> grievances concerning purchases.<br />

Laws <strong>and</strong> Regulations<br />

Affecting <strong>Sales</strong> Executives<br />

• Price discrimination<br />

– Clayton Antitrust Act (1914) <strong>and</strong> Robinson-Patman (1936)<br />

• Unfair competition<br />

– Bribes<br />

– Misleading information (about products, competitors)<br />

• Green River Ordinances<br />

– Enacted by many cities to regulate door-to-door salespeople from<br />

firms located outside the city<br />

• Cooling-Off Laws<br />

– Protects consumers requiring a time period (usually 3 days) to<br />

cancel contract, return merch<strong>and</strong>ise for refund.<br />

Illegal <strong>Sales</strong> Practices<br />

• Granting price concessions that are not justified or that<br />

are not necessary to meet competition<br />

• Making false claims about your product <strong>and</strong> the services<br />

that accompany your product<br />

• Representing a product to be new when it is rebuilt or<br />

second-h<strong>and</strong><br />

• Misleading customers into thinking they are getting a<br />

bargain when this is not the case<br />

• Bribing customers’ employees in order to acquire or<br />

hold an account<br />

• Using bribery or espionage to learn a competitor’s trade<br />

secrets<br />

2

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