Quoting from [GOSWAMI]:
dear sir,
we are a trading agency of minerals in INDIA. we are now dealing with iron ore fines and coal.
our question is - say for example we have signed an FPA agreement with the seller to protect our commission.
what we can do when the seller becomes direct with the buyer and makes a false understanding and both tells me that they have cancelled the order.
thereafter they without informing me start doing business in between them directly.
IN THIS CASE WE ARE UNWARE OF THE DEVLOPMENTS AND MAY LOSE OUR COMMISSION.
CAN ANYBODY ANSWEAR IT ?
You can do as huyidao has stated, which is clearly advice from an experienced agent/broker or you can take the FPA out of the equasion.
- Simply have the client open a Confirmed, transferable, at sight letter of credit directly to you as first beneficiary and submit documents including a switch B/L that do not name your supplier.
- Have the client open a Confirmed, at sight Letter of Credit to you as beneficiary and then approach your bank for a Back to Back L/C.
- If you have the name for providing good suppliers to buyers, simply charge a flat fee before you bring the two parties together.
Both ways keep the supplier and buyer apart.
Great Agents/Brokers have Value Added Services which they provide buyers and sellers alike. One such service is providing the performance bond for the manufacturer to the buyer. Afterall, if you didnt believe that the supplier could deliver upon the contract why would you even approach them as the buyers supplier. For an Agent/Broker this is merely poduct service insurance which is available through AIG.
Also you could do the bond on your own example:
Deal for products $1,000,000.00USD L/C at sight
PB2% = $20,000.00 cost of PB = $700.00
Commision from deal $50,000.00 - cost of PB $700.00 = Profit $49,300.00USD
Totally worth it for me to put up a PB2% myself.
Adding value to your service is going to secure more an larger amounts from the buyers your dealing with. But you have to invest some time, money and resources in verifying that you are dealing with legitmate sources of the requiered products.
best regards,
Ranger