- 9 - from service were difficult to reuse because customers preferred new garments and did not want to wear used clothes. Garments that were withdrawn from service were: (1) Donated to charity, (2) sold for scrap, (3) discarded, or (4) stored in petitioner’s stockroom. Service Rental Agreement Petitioner used two standard form contracts, both titled “Service Rental Agreement”, when negotiating its services to furnish, clean, pick up, and deliver garments and dust control items with customers. The Service Rental Agreements included a replacement provision that charged the customer for damages. The contract stated: 3. REPLACEMENT: In the event of damage to wearing apparel by CUSTOMER, reasonable wear excepted, CUSTOMER shall pay PRUDENTIAL’s replacement value less depreciation of 2% of the replacement value for each month in service. Total depreciation is not to exceed 80% of replacement value. * * * Petitioner’s management believed that the replacement provision provided customers with an incentive to care for the items and deterred customers from misusing the items. The Service Rental Agreements set the term of the contract at 60 months. The length of a clean room garment contract was generally 60 months. The typical length of an industrial garment contract was 36 months.Page: 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