Kolokotronis
New Member
- Jurisdiction
- New York
Hi,
I am disputing a bill for the installation of a new water heater in our home.
We had a service agreement with the oil delivery company and I believe that the service agreement covered the cost of the installation.
There is a section in the "General Terms and Conditions" of the service agreement titled "Arbitration of Disputes" and it reads:
"Any controversy or claim arising out of or relating to this contract or any breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules." "Notwithstanding the forgoing, any controversy or claim may be submitted by either Buyer or Seller to a small claims court having jurisdiction of the controversy or claim."
However, I recently received a "Consumer Credit Transaction" summons, from the company's attorneys, which was filed in a District court in Hauppauge, NY.
Can they just ignore the terms and conditions of the service agreement with impunity?
Thanks for all responses in advance.
I am disputing a bill for the installation of a new water heater in our home.
We had a service agreement with the oil delivery company and I believe that the service agreement covered the cost of the installation.
There is a section in the "General Terms and Conditions" of the service agreement titled "Arbitration of Disputes" and it reads:
"Any controversy or claim arising out of or relating to this contract or any breach thereof shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules." "Notwithstanding the forgoing, any controversy or claim may be submitted by either Buyer or Seller to a small claims court having jurisdiction of the controversy or claim."
However, I recently received a "Consumer Credit Transaction" summons, from the company's attorneys, which was filed in a District court in Hauppauge, NY.
Can they just ignore the terms and conditions of the service agreement with impunity?
Thanks for all responses in advance.