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the Equipment, who performed the repairs and
maintenance, and by retaining receipts and cancelled
checks for all parts, service, and repairs made to the
Equipment. Purchaser will be required to surrender, to
Seller, the logbook and all other proof establishing
that required maintenance and repairs were performed.
Purchaser must also establish to Seller’s satisfaction
the person(s) who performed the repairs and maintenance
were qualified to do so.
Exhibit B to the ATC pay phone agreement set forth a
recommended schedule of weekly maintenance work to be performed
on the pay phones by petitioner. Exhibit C to the ATC pay phone
agreement included a list of service providers available to
maintain the pay phones should petitioner not want to service the
phones himself. Petitioner also had the option to enter into a
service agreement with Alpha Telcom (Alpha Telcom service
agreement) if he did not want to be involved in the day-to-day
maintenance of the pay phones.
Under the terms of the Alpha Telcom service agreement, Alpha
Telcom agreed to service and maintain the pay phones for an
initial term of 3 years in exchange for 70 percent of the pay
phones’ monthly adjusted gross revenue and all “dial around fees”
generated by the pay phones. In the event that a pay phone’s
adjusted gross revenue was less than $194.50 for the month, Alpha
Telcom would waive or reduce the 70-percent fee and pay
petitioner at least $58.34, so long as the equipment generated at
least that amount. In the event that a pay phone’s adjusted
gross revenue was less than $58.34 for the month, petitioner
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Last modified: May 25, 2011