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legal title to two pay telephones. The ATC pay telephone
agreement also included the following provision:
1. Bill of Sale and Delivery
a. Delivery by Seller shall be considered complete
upon delivery of the Equipment to such place designated by
Owner.
b. Owner agrees to take delivery of installed
Equipment and location on site.
c. Upon delivery, Owner shall acquire all rights,
title and interest in and to the Equipment purchased.
d. Owner authorizes ATC to enter into such site
agreement as may be deemed necessary to secure site.
e. Phones have approved installation under The
American [sic] with Disabilities Act. (ADA)
On the same day, petitioner entered into a Telephone
Services Agreement (Alpha Telcom service agreement) under which
petitioner agreed that Alpha Telcom would manage the two pay
telephones. Because petitioner did not feel able to maintain the
telephones himself, he elected “Level IIII” [sic] service. This
election meant that Alpha Telcom agreed to service and maintain
the pay telephones for an initial term of 3 years in exchange for
70 percent of the pay telephones’ monthly adjusted gross revenue.
In the event that a pay telephone’s adjusted gross revenue was
less than $58.34 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 telephone’s adjusted gross revenue was less than
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Last modified: November 10, 2007