The Marketing of Products in Switzerland with a Sales freelancer, Distributor or Importer
Independent Sales Agents and Distributors
Switzerland has a good infrastructure for companies operating in European wide. The country offers appealing opportunities for companies wishing to sell their products and services simultaneously in Europe, Switzerland and the Middle East. Quite often multinationals use Switzerland as hub for their EMEA trading.
The points to be careful with
The distribution and Agent agreements may be concluded orally. And often are done that way to start working together. Please bear in mind the following points when doing business in Switzerland with independent workforce. It must be noted that the relationship between a distributor or an agent and his/her contractor can be complicated. Swiss law does not provide constitutional rules on these agreements. We highly recommend using written contracts.
Motivating an Agent
Independent sales representatives should be given valid marketing tools to be able to sell your products or services. It is important to build a real relationship with agents and distributors. This may well happen through e-mails and phone calls.
The Commission Structure
Commission are usually based on sales prices and calculated as a percentage of sales prices. In practice, the parties frequently agree on other forms of remuneration, such as payments per pieces sold, lump sum compensations; this might well be fixed fees.
Breach of Contract
Swiss law does not set precise limits for fixed-term agency agreements. An exceptionally long duration restricts the personal freedom of either party unduly and thus is void (article 27 para. 2 CC). The parties may freely negotiate the term and renewal of agency agreements.