Consumer Law, Warranties Service Agreement & Arbitration of Disputes

[Kolokotronis]

I'm assuming that you don't have that in writing.

Without having that in writing, "I was told" is meaningless.

From your service agreement:

18. ENTIRE AGREEMENT - We and you agree that this written Agreement along with the Service Brochure constitute the entire Agreement. Any statements not contained in this Agreement or the Service Brochure are not part of this Agreement. To the extent that the terms of this Agreement and Service Brochure are inconsistent, this Agreement shall control.

We've had similar service agreements, with several different companies, spanning 15 years. Every time that a service which was not covered by the agreement was performed, we would be presented with a detailed invoice which included either a firm or estimated cost, the invoice would be signed by both parties. I may not have anything writing, but neither do they.

 

[Zigner]

We've had similar service agreements, with several different companies, spanning 15 years. Every time that a service which was not covered by the agreement was performed, we would be presented with a detailed invoice which included either a firm or estimated cost, the invoice would be signed by both parties. I may not have anything writing, but neither do they.

No, but you have an installed water heater and no reasonable expectation that such installation would be free.

 

[Kolokotronis]

Maybe they didn't ignore the terms and conditions of the service agreement. All lawsuits in Hauppage are handled by the District Court. That it was filed in the District Court doesn't mean it's not a small claim. It's a small claim if it's up to $5000.

Lawyers are permitted for small claims. That it was filed by their attorney also doesn't mean that it's not a small claim.

Check out the court's website.

Small Claims Court - Suffolk District Court | NYCOURTS.GOV

Scroll down to the Guide to Small Claims, read it, then read the Uniform District Court Act Article 18 for Small Claims.

You can respond to the lawsuit and request arbitration by following the instructions in Article 18.

I called the District Court in Hauppauge and gave them the court index number. I was told that the case was scheduled for the civil court and not the small claims court. She told me that the index numbers for small claim court cases start with "SC", but my index number started with "CV".