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six months after the equipment delivery date, the sale price
shall be the Owner’s original purchase price of $5,000.00,
and there shall be no “restocking fee” for Purchaser’s
election to re-sell the equipment purchased back to Seller.
This “Buy Back Election” shall expire on the (84th) eighty-
fourth month anniversary of Owner’s equipment delivery date.
3) Seller, or its designee, reserves the right of first
refusal as to the telephone equipment. If Owner enters into
an agreement to sell the telephone equipment to any third
party, Seller, or its designee, shall have thirty (30) days
to match any legitimate offer to purchase said equipment
received by Owner.[1]
An exhibit to the ATC pay phone agreements includes a list
of service providers available to maintain the pay phones should
petitioner not want to service the pay phones himself.
Petitioner had the option to enter into service agreements if he
did not want to be involved in the day-to-day maintenance of the
pay phones. Petitioner entered into service agreements with
Alpha Telcom (Alpha Telcom service agreements) for the servicing
of his pay phones. Petitioner never changed service providers,
nor did he contact any other service provider to inquire about
service options for his pay phones.
Under the terms of the Alpha Telcom service agreements,
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. In the event that a pay
phone’s adjusted gross revenue was less than $58.34 for the
month, Alpha Telcom would waive or reduce the 70-percent fee and
1 There are minor variations in the terms of the buyback
elections, none of which are material.
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Last modified: May 25, 2011