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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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re previous question, are you suggesting that Advent cannot

Resolved Question:

re previous question, are you suggesting that Advent cannot insist upon their full commission being payable if only one or a few items are sold to customers on their list? Would you suggest I make a deal with them agreeing to pay a percentage of the sales of items sold only to people on their list, and not to others?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello again and thank you for requesting me

Alex Watts :

Its a hard one this. Really it is a commercial decision

Alex Watts :

On the one hand they can't ask for full payment as they can't say who your customers are.

Alex Watts :

On the other hand its obviously better to try and do a deal to prevent things from getting nasty

Alex Watts :

Really its a commercial decision for you, what is best for you

Alex Watts :

Do you want to spend time and money defending in Court - probably not

Alex Watts :

So try and get a deal done

Alex Watts :

Does that clarify?

Customer:

If theyr did insist on full commission on a sale of 10% (or fewer) items to people on their list, and I sold 90% to people NOT on their list what are the odds of a court deciding in their favour?

Alex Watts :

They would have to prove that you did sell to the full people

Alex Watts :

They have to prove it, you dont have to prove anything

Alex Watts :

They bring the claim - they prove it

Alex Watts :

does that help?

Customer:

They would have to prove that I sold EVERYTHING to one of the people on their list?

Customer:

In order to claim the full commission?

Customer:

I am not trying to diddle them out of commission - I just need to guage how hard I can push them to reach an agreed commission of sale of stock to people on their list.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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