- 6 - which orders are to be placed with TAG, but does not describe the manner in which sales representatives are to solicit sales. In 1970 or 1971, when there was a change in TAG’s ownership, a sales procedure manual was given to Hathaway. Parts of the sales procedure manual were revised from time to time. The version of the sales procedure manual that was in effect during the years in issue was last revised in January 1984. Hathaway did not consult the sales procedure manual from about January 1984, until well after the end of the years in issue. The sales procedure manual states that sales representatives are asked to submit their schedules, and must submit their vacation requests, to the national sales manager. However, these provisions were not followed by TAG’s sales representatives, nor were these requirements enforced by TAG. The sales procedure manual also states that sales representatives are not authorized to accept cancellations of orders or agree to returns, and that TAG reserves the right to refuse any return that does not have an authorized return sticker. In practice, however, TAG accepted their sales representatives’ recommendations as to cancellations and returns. Communication With TAG Hathaway communicated to TAG the orders he had solicited by writing these orders on a scratch pad, then forwarding thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011