4

Ethical and Legal Issues in Contemporary Selling

image_20

Learning Objectives

As we have said, ethical relationships are the foundation of contemporary selling. Every day salespeople are asked to make ethical judgments. Likewise their managers must make ethical decisions that affect company policies as well as individual salespeople. The events of the last several years have made it clear that ethical behavior cannot be assumed. It needs to be taught and become a fundamental element of the corporate culture. This chapter will explore the many ethical concerns facing salespeople and managers and discuss legal issues that affect sales behavior. The chapter ends with tips on creating a personal code of sales ethics.

After reading this chapter, you should be able to:

  • Understand the importance of ethical behavior in contemporary selling and sales management.
  • Identify the ethical concerns facing salespeople as they relate to customers and employers.
  • Identify the ethical concerns facing sales managers as they relate to salespeople, company policies, and international sales issues.
  • Discuss the legal issues in contemporary selling.
  • Create a personal code of sales ethics.

The Importance of Ethics in the 21st Century

All of us are faced with decisions that test our ethical principles every day. For example, what do you do when the clerk at the grocery store gives you too much change? When your classmate asks you for an answer during a test? What principles guide you as you make decisions about ethical dilemmas?

Given the unique nature of their jobs, it is not surprising that salespeople face ethical issues all the time. As shown in the Model for Contemporary Selling at the beginning of the chapter, ethics is a core principle of the buyer–seller relationship. Without a commitment to ethical behavior, it is impossible to have a successful long-term relationship with buyers. However, salespeople encounter pressure from a variety of sources, including their managers, customers, and other outside parties (family, friends), and research suggests that this pressure, particularly the conflict between work and family, can lead to more unethical, even illegal behavior.1 Making the right decision for one can mean disappointing another, which complicates the decision even more. For example, refusing to sell a long-term service contract to a customer who doesn’t really need it may be in the customer’s best interests but is not the most profitable decision for the company.

Also, ethical norms change over time. This can lead to anxiety as salespeople get caught in the middle of changing corporate policies and customer demands.2 For example, the nature of contemporary selling today often means buyers and sellers share sensitive information about manufacturing and pricing. However, many companies are still wary of sharing too much information about sensitive topics with customers.

Unfortunately, defining ethical behavior is difficult. Our focus is on business ethics, which comprises moral principles and standards that define right and wrong and guide behavior in the world of business.3

Renewed Emphasis on Ethical Practices

In recent years, business ethics has become front-page news as companies like Walmart have engaged in unethical, and in some cases illegal, activities. Whether or not salespeople in these companies were directly involved in illegal activities, they suffered as a result of management’s ethical lapses.

One outcome of these scandals has been a renewed interest in ethics at every level in the organization.4 From the board of directors to the lowest level, employees have become more aware of their company’s ethical practices. Many large companies have published their code of conduct or values (there are many phrases), which defines the way they do business. Exhibit 4.1 is a summary of Dell Computer’s Code of Conduct.

Not surprisingly, one of the areas most affected by the focus on ethics is selling. The relationship between buyer and seller is based on mutual trust. Any ethical lapse by the seller can severely damage the customer’s trust. A recent survey of sales managers reported that 70 percent of their clients consider a company’s ethical reputation when making purchase decisions. In addition, companies are starting to realize the importance of ethics training in improving salesperson and sales manager satisfaction.5 Ethics will play an increasingly important role in the sales decision process for both buyer and seller.

The focus on ethics is not limited to the United States. Around the world, companies are reacting to and in many cases proactively dealing with ethical problems by establishing worldwide ethical policies. This is difficult because ethical practices vary by region and even from country to country. What is acceptable behavior in Latin America may be against the law in the United States or Europe. For example, offering bribes or payments to enhance the probability of success is often seen as part of doing business in parts of Latin America and the Middle East but is illegal in the United States. As we explore in chapter 14, internationalizing ethical practices and policies is not easy for any company, no matter where it is from originally.

Exhibit 4.1 Code of Conduct Dell Computer

“How We Win,” Dell’s Code of Conduct, provides general guidance to all team members on how to behave legally and ethically, and in compliance with the letter and spirit of applicable legal requirements, Dell policies and our ethical principles. It serves as a guidebook for living our value of winning with integrity.

Our Code of Conduct, a fundamental component of our culture of integrity here at Dell, has been extensively revised and updated to bring it into alignment with our purpose and values, as well as with our business, brand and people strategies.

Our reputation as an ethical company and trustworthy business partner is one of our most valuable assets and critical to our success. To safeguard our reputation and our brand, we hold ourselves to standards of ethical behavior that go well beyond legal minimums.

Our ethical principles are:

  • We are honest. What we say is true and forthcoming—not just technically correct. We are open and transparent in our communications with each other and about our business performance.
  • We are trustworthy. Our word is good. We keep our commitments to each other and to our stakeholders. We do the right thing without compromise. We avoid even the appearance of impropriety.
  • We treat others with respect. We value their contributions and listen to their point of view. We maintain fairness in all relationships.
  • We are courageous. We speak up for what is right. We report wrongdoing when we see it.
  • We use good judgment. We think before we act. We use our purpose, values and ethical principles as decision filters to guide our behavior.
  • We are responsible. We accept the consequences of our actions. We admit our mistakes and quickly correct them. We don’t retaliate against those who try to do the right thing by asking questions or raising concerns.

Companies Take the Lead in Social Responsibility

Beyond the question of ethical behavior is a larger question that companies face on a daily basis. What is my social responsibility as a corporate citizen? As Walmart demonstrated, lost shareholder wealth and thousands of layoffs are only two of the consequences of poor ethical judgments. Those decisions, which hurt thousands of people in many ways, are prime examples of bad corporate citizenship. Companies have a responsibility to many groups. Certainly they have a responsibility to their customers. They also have employees (who count on continued employment), shareholders (who invest their money for a financial return), and a host of other entities (among them suppliers, government, and creditors) who expect the company to act in an ethical manner. Exhibit 4.2 details the best corporate citizens, as identified by Corporate Responsibilty magazine.

Ethical Concerns for Salespeople

This section discusses the ethical issues salespeople deal with as they interact with customers and their own companies. As you will see, these issues can be complex, and much of the time there is a great deal riding on the salesperson’s decision.

Exhibit 4.3 summarizes the ethical concerns for salespeople.

Exhibit 4.2 The Best Corporate Citizens

For the last 15 years, Corporate Responsibility magazine has published an annual list of the 100 best corporate citizens. The study highlights companies that balance social responsibility and other business ethical issues with traditional financial returns. The purpose of the list, as stated by the magazine is:

In a perfect world investors, regulators, customers, suppliers, employees, and neighbors would know everything instantly about companies they invest in, do business with, and work for. We do not live in a perfect world. And in the past few years we’ve paid the price of now knowing … Corporate Responsibility Magazine and the Corporate Responsibility Officers Association (CROA) share a common purpose in advancing corporate accountability and responsibility. The 100 Best Corporate Citizens Methodology fulfills that purpose by transparently assessing the degree to which companies hold themselves accountable and let others … hold them accountable as well.

In putting together the list of 100 best corporate citizens, Corporate Responsibility magazine examines information in the following areas (the number in parentheses denotes it weighting):

  • Environment (19.5%)
  • Employee Relations (19.5%)
  • Climate Change (16.5%)
  • Human Rights (16.0%)
  • Philanthropy (12.5%)
  • Financial (9.0%)
  • Governance (7.0%).

Ranked in order, the top 10 corporate citizens in 2015 were as follows:

  1. Microsoft
  2. Hasbro, Inc.
  3. Johnson & Johnson
  4. Xerox Corp.
  5. Sigma-Aldrich Corp.
  6. Bristol-Myers Squibb Co.
  7. Intel Corp.
  8. Campbell Soup Co.
  9. Ecolab, Inc.
  10. Lockheed Martin Corp.

For a more complete discussion of the 2015 100 Best Corporate Citizens, go to www.thecro.com and click on “100 Best Corporate Citizens.”

Adapted from Corporate Responsibility magazine, November 2015, www.thecro.com

Exhibit 4.3 Ethical Concerns for Salespeople

Customers Employers
Dishonesty Cheating
Gifts, entertainment, bribes Misuse of company resources
Unfair treatment Inappropriate relationships with employees and customers
Breaking confidentiality

Issues with Customers

The contemporary selling process, as we have discussed already, is built on the simple premise of creating value for the customer. Research in sales confirms the benefits of a customer orientation in directing customers to purchase from salespeople who seek to understand their needs and develop a relational rather than transactional relationship.6 However, while creating long lasting customer value is the goal salespeople will sometimes look for "shortcuts' to success. In addition, customers will put pressure on salespeople for their own purposes. The result is the potential for ethical problems. There are four primary ethical concerns for salespeople in their relationships with customers. They are dishonesty, gifts (entertainment, bribes), unfair treatment, and confidentiality leaks. We will explore each in detail.

Dishonesty. Salespeople sell. That is their job, and as part of that job they are expected to present their products to customers in the best possible light. It is perfectly acceptable for a salesperson to be passionate about products and services; however, there is a line between enthusiasm and illegal, dishonest behavior. Under no circumstances is dishonesty acceptable, and provide false or deliberately inaccurate information to customers. However, what happens when the customer asks if the company can meet certain shipping deadlines for a product and the salesperson is not sure if recent delays in manufacturing could severely push back the requested shipping dates? The question here is not legal but ethical. How does a salesperson ensure that enthusiasm does not become poor ethical judgment? This is a question salespeople face almost every day.

The adage that defined the 20th-Century sales model was caveat emptor (“let the buyer beware”). It was generally considered the buyer’s responsibility to uncover any untruths in the seller’s statements. Even in 21st-Century contemporary selling, the salesperson must decide how much information to give the customer. Successful contemporary selling is based on mutual trust and ethical behavior, which means the salesperson should not hold back information or tell half-truths.7 When customers become aware of such half-truths (as they always do), the long-term damage to the relationship can be far worse than any short-term pain caused by being honest.8 Dishonesty not only harms the customer relationship but can lead to legal action (which we will discuss later in this chapter) and huge financial judgments against the company.

The salesperson who chooses to provide complete information even when it presents the company in a less than favorable light can create a high degree of credibility with the customer. Cisco, for example, instructs its sales force to be totally open and honest with customers, to present the most accurate information available even if the information is not positive. Interestingly, the mere fact that the company states this policy has had a positive effect with customers.

Gifts, Entertainment, Bribes. A gift is a nonfinancial present. A bribe is a financial present given to a buyer to manipulate the purchase decision.

Meeting a customer for lunch is an accepted business custom. Historically, it has been a way for the buyer and seller to build a more personal relationship while getting work done. The vast majority of salespeople take their customers to lunch at least occasionally. But what about taking them to dinner or a nightclub? Does it make a difference if the lunch cost $15 per person or $75? These are the kinds of questions salespeople must answer on a regular basis.

Why do some salespeople offer bribes or illegal gifts to customers? Unfortunately, the answer is, it works. Research suggests that gifts can affect whether or not the order is given and the size of the order.9 Customers often place salespeople in an almost impossible situation. Even if the salesperson desires to be ethical, a customer may ask for “special consideration” in placing the order.

To deal with these difficult ethical questions, many companies on both sides of the buyer–seller relationship have established policies for handling gifts and entertainment. On one hand, companies like Hewlett-Packard tell their salespeople explicitly that under no circumstances should they offer gifts of any kind to secure an order. On the customer side, companies like Target and Home Depot significantly limit the scope of gifts (pencils, coffee mugs) and type of interaction (they must meet at corporate offices) between their purchasing agents and salespeople. It is important to note that ethical issues are not just a domestic concern; in many countries the same ethical challenges occur. Check out the Ethical Dilemma to experience a very real ethical challenge.

Ethical Dilemma ifig0015.jpg

Is it a Bribe or a Retirement Fund?

Your company gets a call from a large company that is based in Latin America and has operations around the world. It is the industry leader in this region of the world. The vice president of sales for your company has been trying to enter the Latin American market for several years with no luck and considers this a tremendous opportunity.

The VP calls you into her office to tell you that you have been chosen to explore the potential for a relationship with this company. After several visits over the next six months, you realize the customer is impressed with your company’s reputation for quality and is seriously considering giving you a substantial contract. This contract will open up all of Latin America for your company.

At the final meeting with the potential new customer, you expect to sign the contract. However, the company’s CEO, who is running for national public office in the country, suggests it would be very helpful if you (and your company) make a substantial contribution to a prominent charity in the country. The CEO is not specific about the reasons for the contribution, but strongly suggests that the contribution is necessary to get the contract.

Questions to Consider
  1. What do you do?
  2. If you were the vice president of sales, what would you tell your salesperson when he contacts you for advice?

Unfair Treatment. By their very nature, each customer is different. Some customers buy more or have greater potential for new business. It is quite appropriate to offer special pricing or better terms to them. However, salespeople need to be aware of ethical concerns when customers ask for more than is reasonably expected in the course of business.

There are several problems associated with unfair treatment. First, providing special treatment to customers is costly and may not be a good use of the salesperson’s time. Consider, for example, the established customer who expects a busy salesperson to drop off orders. Diverting the salesperson away from his or her primary focus could lead to lower productivity. Second, providing special services to some customers will almost surely lead other customers to feel as though they are not important enough to warrant special treatment, which will lead to a weaker relationship with those customers.

Confidentiality Leaks. A key element of the trust between buyer and seller is confidentiality, which is the sharing of sensitive information. Salespeople learn critical facts about their customers all the time. At a minimum they know how much, at what price, and when shipments of their own products will be purchased by their customer. Today their knowledge often goes much deeper. For example, in working with customers they may learn about the development and introduction of new products. They can also learn a great deal about the pricing structure and strategy of existing products. This information would be useful to the customer’s competitors, some of whom could be the salesperson’s customers already.

It is essential for the credibility of a salesperson and his or her company that any information shared by the customer be held in the strictest confidence. Divulging sensitive information to others, even to nonessential employees in the salesperson’s company, is one of the surest ways to lose a customer. Customers have long memories in these situations and do not easily forget or forgive any salesperson who shares confidential information with individuals or organizations not authorized by the customer.

Issues with Employers

Not all of a salesperson’s ethical concerns deal with the customer relationship. Three ethical concerns related to the salesperson’s employer are (1) cheating, (2) misuse of company resources, and (3) inappropriate relationships with other employees and customers. Let’s look at each issue more closely.

Cheating. Salespeople work, for the most part, away from their employer, so the company relies on their honesty and integrity. More importantly, the salesperson is the primary (if not the only) source of direct communication with the customer, and companies must have confidence in that information in order to make sound business decisions. Salespeople report on things like the number of sales calls, expenses, and even how sales are recorded to the company and this information is assumed to be true and accurate.

Unfortunately, when salespeople do not make enough sales calls, want to win a sales contest by booking orders within a certain period of time, or any of hundreds of other situations they can be tempted to cheat. For example, if a salesperson is evaluated on the number of sales calls he or she makes each week but has not made that number, is it ethical to list a sales call with a customer this week that he or she intends to contact by phone next week? What would you do in a similar situation?

Misuse of Company Resources. Salespeople need a number of resources to do their jobs effectively, so it is expensive to equip and maintain a sales force in the field. Among the resources are technology (smartphones, computers) and transportation (cars, air travel). Legitimate business expenses include taking a customer to lunch, for which the salesperson is entitled to be reimbursed. Salespeople are often given direct control of some resources, such as cell phones and computers. For other expenses, such as travel, they submit expense reports and are reimbursed by the company. In still other situations, salespeople are given a budget for items like a car and submit a report at the end of the year detailing how they used the money.

If salespeople misrepresent their business expenses to generate additional income, they cross the ethical line. Often this happens when the salesperson believes the compensation is not adequate or company policies are not sufficient to cover legitimate business expenses. Sadly, this practice is not uncommon. A study by the Department of Commerce estimated employee theft in the United States at $60 billion. Another study reported that 30 percent of all business failures are caused by employee theft. More specifically, 60 percent of sales managers said they had caught one of their salespeople cheating on an expense report.10

It may be true that the company compensation plan is inadequate and policies regarding reimbursement of expenses are not fair, but this does not justify illegal or even unethical behavior. We’ll discuss in the section on ethical concerns for management the wisdom of having plans and policies in place that are fair to salespeople.

A good rule of thumb is to adopt your own standard of living when you are incurring business-related expenses. Companies should not ask their salespeople to have a lower standard of living on business than at home, but salespeople should not use the opportunity of business travel to live a more lavish lifestyle than they do at home either.

It is not always clear whether the use of business resources for personal use is unethical. Some companies permit the personal use of business assets. Consider the company cell phone. After business hours, is it unethical for a salesperson to use the cell phone for personal use when it does not interfere with business activities? Companies almost always have a stated policy on the personal use of business resources, and the salesperson needs to become familiar with that policy. Violating it can have serious implications for a salesperson’s continued employment with the company.

Inappropriate Relationships with Other Employees and Customers. In today’s workplace, men and women work closely together in a variety of situations, as members of the same organization (peers and co-workers), or as buyer and seller. For the most part, men and women work in an environment of mutual respect and professional business behavior. However, occasionally these relationships become more personal and intimate, which can be dangerous for everyone involved. In a survey, 57 percent of respondents had personally witnessed romantic relationships between salespeople in their companies, but only 15 percent of the companies had a stated policy on personal relationships between employees.11 This creates a gap between what individuals in the organization are doing and company policy on such behavior.

The biggest ethical issues for individuals are the potentially negative implications of the relationship on them, their loved ones, and the company. What happens when the relationship ends? Might the company be charged with sexual harassment? If the relationship is with a customer, how will it affect the business relationship between the two companies? These are tough questions that involve not only business but also personal decisions.

While a number of companies do not expressly prohibit personal relationships among co-workers, it is important to realize there are serious implications crossing the line into a personal, nonprofessional relationship. Simple common sense can help you avoid such compromising situations. For example, always keep the conversation professional and on business topics. Even joking about sexual matters or personal business can give someone the wrong impression. Also, don’t put yourself in a situation that could be misinterpreted. Taking a co-worker to dinner alone after business hours could give that person the wrong idea.

Ethical Concerns for Management

Salespeople are not the only members of the sales force who face ethical concerns. Management must address significant ethical issues with salespeople and company policies. Let us explore each of these issues in greater detail.

Exhibit 4.4 summarizes the ethical concerns for management.

Exhibit 4.4 Ethical Concerns for Management

Salespeople Company Policies
Sales pressure Unethical corporate culture
Deception Unfair corporate policies
Abuse of salespeople’s rights

Issues with Salespeople

The impact of sales leadership on ethics in the sales organization is profound and stretches across all aspects of the sales management process. For example, ethical sales leaders tend to recruit ethical salespeople and, perhaps more importantly, ethical sales people seek out organizations that are perceived to have ethical sales leaders.12 However, it is also clear that sales managers have the ability to engage in unethical behaviors. Sales managers face a number of ethical questions with their employees. If companies expect their salespeople to behave ethically, they must behave ethically as well. Management has a significant role in setting the overall culture of ethical behavior for the sales force.13 In their relationship with salespeople, managers most often deal with three ethical issues: (1) sales pressure, (2) deception, and (3) abuse of salespeople’s rights.

The research is clear that sales managers’ behavior towards salespeople plays a critical role in shaping the ethical climate of the organization and indirectly the behaviors and attitudes of salespeople.14 At the same time, sales mangers must understand the limit of a strong ethical climate on salespeople behavior as their actions are ultimately driven by their own individual characteristics. So, while an ethical climate is important there are limits to its impact of salespersonl decision making.15

Sales Pressure. Pressure is part of the selling profession. Salespeople are evaluated all the time on how much they have sold, how profitable the order is, and the configuration of the sales order, among other issues. However, when sales pressure is applied unfairly or too forcefully, management may be crossing the line into unethical behavior. Professional salespeople expect management to define clear sales goals without threatening undue pressure.

Unfortunately, some managers do exert unfair pressure for sales results and set goals they know their salespeople cannot attain. Setting unrealistic goals can, over time, demotivate people, especially if they feel that there is nothing they can do to reach sales targets. It can also cause salespeople to consider unethical practices. Setting sales targets and holding salespeople accountable for hitting those targets are part of the manager’s job, but it is important to set realistic goals that motivate salespeople.

Deception. Deception, the practice of misleading or misrepresenting something, has no place in the manager– salesperson relationship. However, managers are often in situations when being totally honest has negative consequences. Consider, for example, what happens when a salesperson is forced to leave the company. What does the manager tell a prospective employer asking for a reference? Should the manager be honest and say the employee was a consistent poor performer and has no future in sales? In today’s legal environment, being totally honest can lead to expensive lawsuits. In general, though, honesty is still the best policy.

In dealing directly with salespeople, managers must be honest and clear in their discussions. For example, when a salesperson is performing poorly and the future is not bright, it serves no purpose to put him or her in an impossible situation (for example, assigning a poor-performing territory or customers with little business potential) to force the salesperson out of the company. While confrontation is not easy, misleading the person is more harmful in the long run.

Abuse of Salespeople’s Rights. All employees have certain rights, which managers must be aware of to avoid legal and ethical problems. These rights cover a variety of employment matters, including (1) following the policies and procedures related to termination, (2) maintaining the confidentiality and security of personal information, (3) creating a work environment free of any form of discrimination or bias (for example, race or gender bias), and (4) following established policies and rules regarding performance appraisals, compensation, and benefits. Essentially, they involve doing the right thing when you say you are going to do it.

Many problems arise when managers do not follow established company policies and procedures. For example, not reporting instances of bias or discrimination is not only unethical but also illegal (as we shall discuss later in this chapter). Terminating salespeople without proper notification and not following established procedures is also unethical and potentially illegal. Frequently, managers’ mistakes result from omission (not knowing the appropriate procedures) rather than commission (deliberately abusing the rights of the salesperson). It is critical that managers aggressively protect and defend the rights of their salespeople.

Issues with Company Policies

A primary role for any sales manager is to delineate, implement, monitor, and enforce the procedures and policies of the organization as they relate to the sales force. In the vast majority of instances, these policies are fair and ethical. Unfortunately, some company policies create significant ethical challenges for managers and salespeople. We will examine two such examples: unethical climate and unfair corporate policies.

Unethical Corporate Culture. Every organization has a corporate culture, a set of unwritten norms and rules that influence the behavior of its employees. On one hand, companies like CNL Investments follow a strong code of personal and corporate ethics. The climate at CNL encourages people to behave in an ethical manner. It is based on the personal beliefs of senior management, conveyed in the Core Values statement and other documents and demonstrated as a matter of management practice. One of the challenges in today’s global business environment is the impact of a country’s culture on a company. While there are certainly differences among cultures around the world the basic concepts of ethical business practices are remarkably similar. Global Connection lists the companies outside the United States ranked among the World’s Most Ethical Organizations by Ethisphere, a leading research-based think tank on issues related to business ethics, corporate social responsibility, anti-corruption, and sustainability.

On the other hand are companies like Enron, which in the late 1990s exhibited a consistent and profound lack of moral and ethical judgment beginning with senior management. The problem for many frontline sales managers is that the corporate culture is the result of many things beyond their control. Specifically, senior management style (do their actions match their words?), the established culture of the organization, and external pressures (like customer dissatisfaction) can create a climate where unethical or illegal behavior is tolerated, even encouraged. At Enron, salespeople perceived that unethical behavior was acceptable because they could see that was the company culture.

Managers need to create a climate in which ethical behavior is considered the norm, not the exception. Encourage open communication so that salespeople can be honest with management without fear of negative consequences. Generate an atmosphere of mutual respect that will not tolerate discrimination of any kind. Research suggests that an ethical climate can improve salespeople’s job satisfaction, organizational commitment, and willingness to stay with the company.16

Unfair Corporate Policies. Often managers do not make corporate policies and procedures, but they must enforce them. Company policies are developed from a variety of areas inside the organization. In matters of hiring, termination, work rules, expense reimbursement, grievance procedures, and performance appraisals, the human resources department almost always approves company policies. Its focus is not necessarily on the sales force. Sometimes policies and procedures that work fine for the rest of the organization create a problem in the sales area. For example, a company might require that employees submit business expenses once a month, but a salesperson who travels a high percentage of the time can face an unfair financial burden while waiting for reimbursement.

Managers must be flexible enough to consider the unique situation of salespeople when they enforce company policies and procedures. Most of the time salespeople operate outside the company, spending their time with customers, which makes it difficult to follow all the company rules. Good managers understand the importance of applying corporate policies in a fair manner to their sales force.

Global Connection ifig0014.jpg

Companies outside the United States Listed among the World’s most Ethical Companies

  • Hennes and Mauritz (H&M)
  • Apparel
  • Sweden
  • Banco De Brasil
  • Banks: National
  • Brazil
  • National Australia Bank
  • Banks: National
  • Australia
  • Teachers Mutual Bank
  • Banks: National
  • Australia
  • TE Connectivity
  • Computer Hardware
  • Switzerland
  • Cementos Progresso
  • Construction and Building Materials
  • Guatemala
  • Accenture, LLC
  • Consulting Services
  • Ireland
  • Capgemini
  • Consulting Services
  • France
  • Henkel AG and Co KG&A
  • Consumer Products
  • Germany
  • Kao Corporation
  • Consumer Products
  • Japan
  • ABB Group
  • Diversified Machinery
  • Germany
  • Schneider Electric SE
  • Diversified Machinery
  • France
  • illycaffe spa
  • Food and Beverage
  • Italy
  • L'Oreal
  • Health and Beauty
  • France
  • Natura Cosmeticos
  • Health and Beauty
  • Brazil
  • Shiseido Co., LTD.
  • Health and Beauty
  • Japan
  • Ricoh Corporation
  • Information Technology Services
  • Japan
  • Wipro Limited
  • Information Technology Services
  • India
  • Marks and Spencer
  • Retail
  • U.K.

Adapted from Ethisphere.com, November 2015, http://www.ethisphere.com/wme/

Legal Issues in Contemporary Selling

So far we have focused on ethical sales standards and behavior. Society also sets legal standards that define and direct the behavior of sellers and buyers. While almost every country has its own laws, our focus is on United States laws and their effect on selling.

Over the years a number of laws have been enacted at the federal, state, and local levels that either directly or indirectly influence the buyer–seller relationship. Salespeople (or managers) who violate these laws put their companies and their personal reputations at great risk.17 As a result of recent scandals, new laws have been enacted and existing laws strengthened to mandate large financial penalties as well as jail time for people who break them.

Uniform Commercial Code: The Legal Framework for Selling

We have talked a lot already about buyers, sellers, and a host of other important concepts in a successful sales relationship. But if someone asked you the legal definition of a sale, would you be able to tell them? What are the legal obligations of the salesperson and the buyer? What is the difference between an express and an implied warranty? These are all important terms, and salespeople must understand the legal implications of what they say and do with customers.

The Uniform Commercial Code (UCC), the most significant set of laws affecting selling, defines these terms (as well as many more). The UCC consists of nine articles and is modified by each state. It sets out the rules and procedures for almost all business practices in the United States. The most relevant section of the UCC for selling is Article 2, titled simply “Sales.” It defines terms related to selling and spells out legal obligations for buyers and sellers. Exhibit 4.5 summarizes some of the key terms in selling.

Exhibit 4.5 Summary of Definitions Relevant to Selling in the Uniform Commercial Code

As you read the definitions, some will seem amazingly simple (salesperson, buyer), while others are more complex (express and implied warranties). Each term has legal meaning, and the UCC defines literally hundreds of terms. Some of the most significant terms for selling are defined here using the language of the UCC. The section where the definition is located is also identified.

  1. Salesperson—a person who sells or contracts to sell goods (Section 2-103).
  2. Buyer—a person who buys or contracts to buy goods (Section 2-103).
  3. Sale—consists in the passing of title from the seller to the buyer for a price (Section 2-401).
  4. Contract for sale—includes both a present sale of goods and a contract to sell goods at a future time.
  5. Goods—all things (including specially manufactured goods) that are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8), and things in action. “Goods” also includes the unborn young of animals and growing crops and other identified things attached to realty, as described in the section on goods to be severed from realty (Section 2-107).
  6. Person in the position of a seller includes as against a principal an agent who has paid or become responsible for the price of goods on behalf of his or her principal or anyone who otherwise holds a security interest or other right in goods similar to that of a seller (Section 2-707).
  7. Express warranties by the seller are created as follows (Section 2-316):

    (1)

    1. Any affirmation of fact or promise made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise.
    2. Any description of the goods that is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description.
    3. Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods shall conform to the sample or model.

    (2) It is not necessary to the creation of an express warranty that the seller use formal words such as “warrant” or “guarantee” or that he or she have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the seller’s opinion or commendation of the goods does not create a warranty.

  8. Implied Warranty

    (1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

    (2) Goods, to be merchantable, must be at least such as

    1. pass without objection in the trade under the contract description; and
    2. in the case of fungible goods, are of fair average quality within the description; and
    3. are fit for the ordinary purposes for which such goods are used; and
    4. run, within the variations permitted by the agreement, of even kind, quality, and quantity within each unit and among all units involved; and
    5. are adequately contained, packaged, and labeled as the agreement may require; and
    6. conform to the promise or affirmations of fact made on the container or label, if any.

    (3) Unless excluded or modified (Section 2-316), other implied warranties may arise from course of dealing or usage of trade.

The UCC is the most fundamental legal framework for selling and influences almost all transactions, so salespeople and managers need to become familiar with it. A mistake can cost the company a lot of money and the salesperson his or her job. The salesperson has significant legal responsibilities, which can be summarized as follows:

Unlawful Business Activities

In addition to the Uniform Commercial Code, a number of federal laws have been passed over the years that affect selling. The laws include, but are not limited to, the Sherman Antitrust Act, Clayton Act, and Robinson-Patman Act. State and local municipalities have also adopted similar statutes and in many cases passed new laws that directly affect selling. For example, every state has its own set of real estate laws, which influence the sale of real estate in that state.

While there are a number of unlawful activities, this section summarizes the most significant: collusion, restraint of trade, reciprocity, competitor obstruction, competitor defamation, and price discrimination. Exhibit 4.6 provides recommendations to help management create company policies that encourage legal behavior.

Collusion. When competing companies get together and fix prices, divide up customers or territories, or act in a way to harm a third party (often another competitor or customer), they are engaged in collusion. One example of this kind of activity occurs when two companies fix prices to force a third competitor into an unprofitable or uncompetitive position. Any activity between two competitors that serves to lessen competition is illegal.

Restraint of Trade. It is not uncommon with today’s complex distribution systems to find companies that exert powerful influence over their channel of distribution. However, it is illegal for any company to engage in restraint of trade, which is forcing a dealer or other channel member to stop carrying its competitors’ products as part of its arrangement with the dealer.

Exhibit 4.6 Sales Management Policies to Encourage Legal Behavior

  1. Training—Give salespeople relevant, specific information on laws and company policies. Role-playing is an excellent technique to help the salesperson internalize and practice how to deal with legal issues.
  2. Mentor—As laws, regulatory guidelines, and companies polices change be sure to update salespeople.
  3. Manage—Design reward systems that encourage legal and ethical behavior and, conversely, punish illegal or unethical behavior.
  4. Evaluate—Conduct regular salesperson performance reviews to identify illegal or unethical behavior quickly.
  5. Role Model—A company and sales manager that wants legal and ethical behavior from its salespeople must demonstrate that behavior.

Reciprocity. The practice of suppliers buying from one another is called reciprocity and is not illegal per se. A company buys from a supplier and then turns around and sells it another product or service. However, if the arrangement effectively shuts out other competitors, it is illegal and must be stopped.

Competitor Obstruction. It is illegal for salespeople or their companies to actively participate in competitor obstruction, which is the practice of impeding competitor access to a customer. For example, altering a competitor’s products or marketing communications clearly interferes with the competitor’s right to do business and is illegal. A good rule is: steer clear of your competitors’ products when you encounter them with a customer.

Competitor Defamation. While direct competitor obstruction happens occasionally, a much more common problem for salespeople is competitor defamation. It is illegal to harm a competitor by making unfair or untrue statements about the company, its products, or the people who work for it. Unfair statements are statements that are difficult to prove (or disprove) and put the competitor at a disadvantage in the marketplace while untrue statements are deliberate falsehoods. Among the remedies open to the injured party are cease-and-desist orders, which effectively force the guilty company to stop or face several penalties. It can also take the offending party to court and pursue other remedies (financial compensation).

There are two basic types of defamation:

  • Slander is unfair or untrue oral statements (for example, a salesperson making false statements during a presentation) that materially harm the reputation of the competitor or the personal reputation of anyone working for the company.
  • Libel is unfair or untrue written statements (for example, a salesperson writing unfair statements in a letter or sales proposal) that materially harm the reputation of the competitor or the personal reputation of anyone working for the company.

Examples of statements that defame a competitor:

  • “That company has not met any target delivery dates for new products in the last five years” (untrue statement about the competitor’s ability to meet contractual obligations).
  • “I heard they were going to lay off a lot of people due to poor sales over the last four quarters” (untrue statement about the company’s financial condition).
  • “You know, the salesperson for that company is not very knowledgeable about their products and services” (unfair statement about the personal qualifications of a legal representative of the company).

Not only is defamation illegal, it is also a bad idea. Disparaging the competition is bad selling and will not help build a strong customer relationship. While factual comparisons between your products and competitors’ are accepted sales practice, it is always best to focus on your product rather than belittle your competition.

Price Discrimination. Put simply, it is illegal to discriminate based on price. While the original law, Robinson-Patman, focused on interstate commerce, most states have passed legislation that provides the same protection to intrastate business transactions. Price discrimination is the practice of giving different prices or discounts to different customers who purchase the same quality and quantity of products and services. Of course, companies are legally allowed to charge different prices if (1) they reflect differences in the cost of operations (manufacturing, sale, or delivery), (2) they meet, in good faith, competitor pricing to the same customer, or (3) they reflect differences in the quality or quantity of the product purchase. It is perfectly legal, for example, to charge a lower price to a customer who buys more (quantity discount) or has received a better price from a competitor. At the end of the day the issue is the fair treatment of customers.

A Code of Sales Ethics

What are the rules that govern your life? How do you make ethical decisions? We all grow up learning a sense of right and wrong that, over time, becomes our code of ethics. We use our personal code to guide us in life; regrettably, situations and people that force us to either reaffirm or compromise our code of ethics often test it. As we examined the many ethical concerns and issues salespeople and managers face, you saw how difficult it can be to make the right ethical decision. Let’s examine how a code of ethics can be helpful for salespeople as they face ethical issues every day.

Corporate Code of Ethics

Salespeople (indeed, all employees) make ethical decisions using two ethical frameworks: their own personal code of ethics and the company’s ethical code. Not all companies have a written code of ethics, but all companies have a culture that defines acceptable and unacceptable ethical behavior.

Corporate codes of ethics are important for three reasons. First, they are—or at least should be—the framework for the company’s approach to doing business. Second, by defining the company’s values, corporate ethical codes can serve as a point of reference for individual employee behavior. Third, a strong corporate code of ethics can have a positive effect on customers and other organizations that interact with the company.18

As we saw earlier in the chapter, companies like Dell have a code of conduct that defines what they believe and how they expect employees to conduct the company’s business. A corporate code of ethics, like a personal code of ethics, does not define what to do in every possible ethical situation. Rather, it identifies certain key traits to help direct the salesperson’s decision making. “We avoid even the appearance of impropriety” (see Exhibit 4.1) tells customers clearly that Dell salespeople will do the right thing in every situation. This is a powerful tool for salespeople who know the company will support them as long as they act with integrity.

Of course, it is essential that the values and behaviors spelled out in the code of ethics (or whatever it is called) are actually part of the company’s corporate culture. Companies like Adelphia embraced ethics in their codes, but key senior managers behaved in an unethical and illegal manner anyway. Senior management, in particular, must not only “talk the talk” but “walk the walk” and actually support an ethical business climate.

Individual Code of Sales Ethics

Everyone has his or her own code of ethics, which influences the decisions that a person makes in certain situations. Unfortunately, in some cases salespeople make unethical choices. The vast majority of salespeople and managers, however, are ethical and seek direction in making the difficult decisions we have examined in this chapter.

A personal code of sales ethics can be a valuable tool for everyone in selling. It provides a framework for evaluating situations and helps individuals coordinate their own personal values system with their corporate ethics code and established guidelines for ethical sales behavior. The process begins with your own definition of what is right and wrong. Very early in life we develop a value system that is learned from our parents and reinforced by religious or moral beliefs. We also learn from our company’s code of ethics and accepted business practices. Research suggests salespeople are generally more successful when their personal code of ethics is consistent with those of the company and management.19

It can be helpful to evaluate the current circumstances and possible decisions against a code of sales ethics. One example is from the Sales and Marketing Executives Institute (a leading professional organization for salespeople and managers). Exhibit 4.7 is the SMEI Sales and Marketing Creed. Many salespeople subscribe to this and other codes that delineate ethical conduct in selling.

Exhibit 4.7 Smei Sales and Marketing Creed

Your pledge of high standards in serving your company, its customers, and free enterprise

  1. I hereby acknowledge my accountability to the organization for which I work and to society as a whole to improve sales knowledge and practice and to adhere to the highest professional standards in my work and personal relationships.
  2. My concept of selling includes as its basic principle the sovereignty of all consumers in the marketplace and the necessity for mutual benefit to both buyer and seller in all transactions.
  3. I shall personally maintain the highest standards of ethical and professional conduct in all my business relationships with customers, suppliers, colleagues, competitors, governmental agencies, and the public.
  4. I pledge to protect, support, and promote the principles of consumer choice, competition, and innovation enterprise, consistent with relevant legislative public policy standards.
  5. I shall not knowingly participate in actions, agreements, or marketing policies or practices which may be detrimental to customers, competitors, or established community social or economic policies or standards.
  6. I shall strive to ensure that products and services are distributed through such channels and by such methods as will tend to optimize the distributive process by offering maximum customer value and service at minimum cost while providing fair and equitable compensation for all parties.
  7. I shall support efforts to increase productivity or reduce costs of production or marketing through standardization or other methods, provided these methods do not stifle innovation or creativity.
  8. I believe prices should reflect true value in use of the product or service to the customer, including the pricing of goods and services transferred among operating organizations worldwide.
  9. I acknowledge that providing the best economic and social product value consistent with cost also includes:
    • recognizing the customer’s right to expect safe products with clear instructions for their proper use and maintenance
    • providing easily accessible channels for customer complaints
    • investigating any customer dissatisfaction objectively and taking prompt and appropriate remedial action
    • recognizing and supporting proven public policy objectives such as conserving energy and protecting the environment.

  10. I pledge my efforts to assure that all marketing research, advertising, and presentations of products, services, or concepts are done clearly, truthfully, and in good taste so as not to mislead or offend customers. I further pledge to assure that all these activities are conducted in accordance with the highest standards of each profession and generally accepted principles of fair competition.
  11. I pledge to cooperate fully in furthering the efforts of all institutions, media, professional associations, and other organizations to publicize this creed as widely as possible throughout the world.

Source: Sales and Marketing Executives Institute website (www.smei.org), June 2015.

It also helps to use a checklist to walk through the ethical issues. One such checklist (and there are many) is Exhibit 4.8, which allows you to quantify your ethical analysis and determine how well you have assessed the situation.

The goal of these analyses is to help each salesperson make the best ethical decision. The time to think about ethics is not in the middle of a difficult ethical situation but before you get caught up in the circumstances. This is one reason corporate and personal codes of ethics are important—they give salespeople greater confidence in their final ethical decisions.

Exhibit 4.8 Ethical Checklist

Circle the appropriate answer on the scale; 1 = not at all; 5 = totally yes

table0003
table0003a

Source: Used with permission from copyright holders: Doug Wallace and Jon Pekel, Twin Cities-based consultants in the Fulcrum Group. Do not copy without reference to copyright owners. Not to be used for commercial purposes.

Summary

Ethics is a core principle of successful contemporary selling. This chapter examined the ethical and legal issues of salespeople and managers. Salespeople are placed in difficult ethical situations every day, and the decisions they make affect not only themselves but their companies. Management also faces a number of ethical challenges.

The last few years have brought a new focus on the importance of ethical behavior and decision making. As a result of recent scandals, salespeople and, by extension, their managers meet customers who demand integrity and honesty and evaluate their suppliers on their business practices. There is also a growing emphasis on demonstrating social responsibility in the community (whether it is the local, national, or even global community). Companies understand that being ethical also means being a good corporate citizen.

Salespeople face two fundamental ethical arenas. First, they encounter a number of ethical challenges with their customers: dishonesty; gifts, entertainment, and bribes; unfair treatment; and confidentiality leaks. Dishonesty should never be an accepted business practice, and salespeople will find it impossible to have a strong relationship with any customer after engaging in dishonest behavior. It is appropriate to offer small tokens of appreciation and take customers to business lunches; however, at some point gifts and entertainment cross a line and become unethical and even illegal. Not all customers are equal, but it is unethical to provide unfair or unwarranted treatment to customers. Some customers demand unfair service as part of the terms of business. In these situations, their companies must support salespeople. Finally, in light of today’s complex selling relationships, salespeople need to maintain the confidentiality of their customers. There is no better way to destroy a good customer relationship than to betray a confidence.

A second area of ethical issues for salespeople involves their employer. There are three basic issues a salesperson needs to be aware of: cheating, misuse of company resources, and inappropriate relationships with other employees and customers. Cheating (as in giving false information) as it relates to employers is grounds for dismissal and never tolerated in any company. Likewise, misusing company resources (as in misrepresenting expenses) is unethical. In effect, it’s stealing from the company—no matter how unfair company policies may be. Finally, the highly interactive nature of selling puts salespeople in contact with many co-workers and customers. Developing inappropriate relationships is dangerous and not in the salesperson’s or the company’s best interests.

Management must also deal with three areas of ethical concern: salespeople, company policies, and international ethics. Management should avoid putting too much pressure on salespeople to hit sales targets, which can create a climate that encourages or at least condones unethical behavior. Just as companies expect their salespeople to be honest, it is unethical for management to practice deception on salespeople. Finally, salespeople deserve certain rights in working with management. The company should follow established policies for termination and performance appraisals and create an environment free from discrimination. Managers who violate company policies in working with salespeople are behaving unethically.

All companies have a business climate or culture, which is a set of unwritten rules and policies that influence salespeople’s behavior. Management should create a climate that encourages salespeople to make ethical decisions. It should also create (when possible) and enforce fairly company policies and procedures that directly affect the sales force. It is wrong to punish salespeople with company policies that do not consider the unique aspects of their job (such as having to wait for expense reimbursement).

In addition to ethics, laws at the local, state, and federal level define and place limits on sales activities. The most fundamental set of laws affecting sales is the Uniform Commercial Code which legally defines business practices in the United States and, more specifically, the responsibilities of a salesperson. Illegal business activities include collusion, restraint of trade, reciprocity, competitor obstruction, competitor defamation, and price discrimination.

A code of ethics can be a useful tool in helping salespeople work through difficult ethical situations. Most salespeople use two codes in making ethical decisions. A personal code of ethics is their own definition of right and wrong. The company’s code of ethics defines conduct for all employees in the organization.

Key Terms

business ethics

social responsibility

dishonesty

caveat emptor

gift

bribe

confidentiality

sales pressure

deception

Uniform Commercial Code

collusion

restraint of trade

reciprocity

competitor obstruction

competitor defamation

slander

libel

price discrimination

code of ethics

business climate

Role Play ifig0016.jpg

Before you begin

Before getting started, please go to the Appendix of chapter 1 to review the profiles of the characters involved in this role play, as well as the tips on preparing a role play.

Characters Involved
  • Chloe Herndon
  • Lenny Twiggle

Lenny is the new head buyer at Buster’s Supermarkets, a chain of 20 stores that is one of Chloe’s top five accounts. Before Lenny started at Buster’s, Chloe had called on former head buyer Edith Greer there for about eight years (three representing Upland Company and five representing a competitor of Upland’s) and had an outstanding professional relationship with Edith and Buster’s. Edith left to take a position with another supermarket chain out of state.

Setting the Stage

While meeting with another account this morning, Chloe received a voice mail from Lenny Twiggle, the head buyer at Buster’s Supermarkets, asking her to stop by there to see him at 4:30 p.m. today. Lenny has been on the job for about three months. Chloe has made four calls on him during that time and has been generally pleased with the business she has received from the account. It is a little unusual for his office to summon her in between regular appointments and very unusual for Lenny to call personally instead of his assistant. When she calls back to confirm that she can make it, she attempts to find out the agenda for the meeting. But Lenny just says, “We’ll talk when you get here.” Puzzled but not concerned, Chloe heads for Lenny’s office.

Lenny closes the door and says, “Chloe, I have been pleased with your service and with Upland so far. I want to give you a chance to really perform. What I need are some special concessions from you. If you can get me what I want, I will increase your orders next quarter 20 percent over last year.”

Chloe Herndon’s Role

Chloe has been in her job for three years. Before that she worked for a competitor for five years. She has had buyers ask for all sorts of inappropriate things during her career. Tempting as Lenny’s offer might be, she knows she cannot succumb to the temptation, as his expectations of special favors will only escalate over time and eventually she (and Upland Company) will be the big loser. She must formulate a response right now that lets him know where she stands on this sort of thing but also lets him know she wants to do business with him legitimately.

Lenny Twiggle’s Role

Lenny is looking for a variety of what he calls “special concessions”: gifts, entertainment, extra merchandise for free, unauthorized lower prices—even a dinner date with Chloe if he can get it (he’s single). Basically, he is trying to see how far he can push her to give him things that enhance his professional position with Buster’s as well as his personal situation. He is quite insistent and proposes several ideas for how she might meet his request. He will back down only when he understands that losing Upland Company as a vendor would severely impair his performance as perceived by management.

Assignment

Work with another student to develop a 7–10 minute dialogue on the issues that might occur in Lenny’s office. Chloe must be firm in her unwillingness to behave unethically but at the same time keep her reasons for not doing what he asks on a professional (not personal) level. Lenny should start out nearly contemptuous in attitude, but if Chloe does a good job fending off his various requests he should end up agreeing to the value of continuing to do a healthy legitimate business with Upland.

Discussion Questions

  1. Much has been made of the scandals at Enron and other large companies. What effect do you think these scandals have had on the salespeople who work for these companies? Do you think it makes their jobs easier or harder? Why?
  2. Companies talk a lot about being socially responsible. What do you think that means for a company like General Electric or IBM? As a salesperson, would you incorporate your company’s social responsibility into your presentation. If so, how?
  3. The chapter talks about the business practice of “caveat emptor,” or “let the buyer beware.” Do you think this philosophy is consistent with contemporary selling? Why or why not?
  4. As a sales manager, how would you handle this situation? One of your salespeople (not a top performer but one who consistently comes close to hitting sales objectives) has turned in a receipt for a very expensive dinner with a client that is above the company’s stated guidelines for customer entertainment expenses. When questioned, the sales rep says the customer is thinking of giving the company a large order and the salesperson was looking to close the deal. However, it’s been three weeks and there’s no contract. Other salespeople have heard about the dinner and are questioning why this employee was allowed to spend that much entertaining the customer. What do you do?
  5. A large customer has just told you it expects to introduce a new product over the next 45 to 60 days. This product will definitely enhance this customer’s position in the market. Your company also sells to this customer’s major competitors. While you have none of these companies as customers, this information would be helpful for salespeople working with these other companies. Should you share with them?
  6. As part of a mid-year cost reduction effort, your company has reduced your bonus for achieving annual sales targets. This is widely perceived as unfair; even your manager declares the company should not have instituted this policy. At the same time, the company has a very flexible expense reimbursement policy that allows salespeople to claim mileage. Historically, you have been very conservative in submitting mileage for reimbursement. However, talking with a group of sales colleagues the other night, you heard that several of them are going to start inflating the mileage to their expense reports, since the company has unfairly cut their bonuses. What will you do?
  7. You are a district sales manager for a high-tech company selling IT services in the Southeast. Sales have been down in the last year and senior management is putting significant pressure on you to hit the sales targets for the rest of the year. Your superior, the Eastern Regional Manager, implied that if the Southeast does not achieve sales numbers, your job may be in jeopardy. How will you deal with this pressure from management? What kind of pressure will you apply to your sales force?
  8. You are head of sales for a large company with operations around the country. The top-performing saleswoman in your western region has come to you with a sexual harassment complaint. She says her immediate boss, a 20-year veteran with the company who is well liked and in line for a promotion to regional vice president, has made improper comments and touched her inappropriately. He denies everything and says she is upset because her performance has been slipping over the last two years. What do you do?
  9. How would you create an ethical business climate?
  10. You travel a lot for your company and fly at least twice a month, accumulating thousands of frequent flyer miles with your airline of choice. Is it ethical to keep the miles even though you earned them traveling on business for your company?
  11. As a sales manager, how would you educate your sales force about the Uniform Commercial Code? Go to www.law.cornell.edu/ucc and review the UCC. What topics do you think are most relevant for salespeople?
  12. A salesperson is giving a sales presentation to a customer purchase committee. At the end, the Head of Purchasing looks at her and asks, “You know our specific requirements. Can your product do the job?” The salesperson responds, “Yes.” Has she just offered an implied warranty?
  13. What policies and procedures can a company use to discourage salespeople from discriminating on price with certain customers? As a manager, how would you deal with the problem of price discrimination?
  14. Develop a personal code of sales ethics using the ethical checklist in Exhibit 4.8 as a guide.

Mini-case 4 Health Sense Pharmaceuticals

Karen Simmons awoke early one cold winter morning because she had almost 70 miles to drive to begin her day as a pharmaceutical sales representative with Health Sense Pharmaceuticals. Karen knew the trip might take a little longer that day because the forecast called for about three inches of snow and a high temperature of 35 degrees, the ideal conditions for a very sloppy day. Even though most of the trip was on the interstate highway, Karen didn’t want the snow to make her late for any of her ten appointments scheduled that day. Karen has worked for Health Sense for almost three years and enjoyed much success during that time—often outselling more senior representatives in nearby territories. She attributes her success to dedication and the desire to “give the company a full day’s work for a full day’s pay.” As Karen looked out her bedroom window, she realized that, for once, the weatherman had gotten it right.

After making all of her sales calls for the day, Karen attended a social gathering sponsored by the local chapter of Sales Representatives International (a worldwide trade association dedicated to the advancement of the sales profession). There she ran into Mike Johnson and Lisa Wright, two Health Sense Pharmaceuticals reps with territories that border Karen’s.

MIKE: Hi, Karen. How’s it going?
KAREN: Pretty good. Today’s weather was kind of bad, wasn’t it? I had to go all the way up to the northern end of my territory, and you know how people drive in the snow.
MIKE: I wouldn’t know. I downloaded this really cool golf game for my iPad over the weekend, so when I saw today’s weather I decided to play golf! I did a little paperwork this afternoon but the golf game works really well. I guess I’ll have to make up a few calls on doctors just to fill my day.
LISA: Why does it always have to snow or rain on Mondays? When I saw that snow I decided to go to the mall—at least it’s indoors. I did make it to my 2:00 appointment though, because I had been trying to get in to see that doctor for quite a while.
KAREN: Well, you two had interesting days. Hey, there’s Dave. I think I’ll go say hi. You both take care and I’ll see you at the next meeting.

Dave is a sales rep for Midtown Copiers. Karen met him in a doctor’s office two weeks ago while they were both waiting to see the same doctor—Karen to discuss pharmaceuticals and Dave to sell the doctor a new copy machine for his practice.

DAVE: Hi, Karen. How’s business?
KAREN: Pretty good. I had a good day today. You know, customers seem to really appreciate you making the effort to keep your appointments in bad weather. Did you ever get that doctor to buy a new copy machine? I’ve been hearing the office workers complaining about the copier.
DAVE: Well, the office workers may be complaining, but that doctor didn’t think he needed a new copier. In fact, he still thought his copier was under warranty and that the manufacturer could fix any problems.
KAREN: So, was the copier still under warranty?
DAVE: Yeah, I think so. That manufacturer offers five-year warranties and the machine in that office is only four years old. However, the nice thing is that he doesn’t have the invoice any longer and the dealer for that machine is out of business now. I was able to convince him that, without a local dealer, he wouldn’t be able to get service—even though the manufacturer maintains a service center 50 miles away in Springfield.
KAREN: I guess you sold him a new copier, then?
DAVE: I sure did, but the nice thing is that I got him to hold off on placing the order until this week. That way the order will count toward a sales contest our firm is holding over the next two months. Waiting until March to place the order will put me on the path to winning a trip to Cancun, Mexico.
KAREN: Well, good luck with that, Dave.
DAVE: Hasta la vista, Karen.
Questions
  1. Discuss the ethical situation faced by Mike and Lisa. What did they do that was unethical? Pretend that you are the manager of Mike, Lisa, and Karen. How could you find out if Mike and Lisa acted unethically? What would you do about it?
  2. What do you think of Dave’s behavior in selling the doctor a new copier? Did Dave act unethically at all? If you believe that Dave acted unethically, how did he do so and what should his manager do about it? Finally, how will Dave’s actions affect his relationship with this doctor?
..................Content has been hidden....................

You can't read the all page of ebook, please click here login for view all page.
Reset
18.227.134.154