- 6 - completion of the initial term’s 12th month in exchange for allowing HEH to place its equipment on petitioner’s property and for petitioner’s providing HEH with the names of seven referrals, writing a letter regarding his experience with the heating system, and paying all of the required payments on time. Although some of the above-described documents do not appear to have been fully executed, both petitioner and HEH executed the purchase agreement. Pursuant to that agreement, the heating system was installed in petitioner’s home and became operational on December 7, 1995. Although there were several instances during the initial term of the purchase agreement when the system did not work correctly, HEH arranged for the necessary repairs at no additional cost to petitioner. As of the date of trial, petitioner had made the payments required under the purchase agreement for the initial term. At trial, petitioner testified that he is satisfied with his heating system, which allegedly has a useful life of 15 to 20 years, and that he intends to renew his purchase agreement for a second term. Petitioner’s Relationship With HEH HEH purports to have been created pursuant to a Contract and Declaration of Creation of Unincorporated Business Organization (the declaration). The declaration confers upon HEH’s trusteesPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011