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Old 02-15-2018, 09:30 AM   #1
Tenla10
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Default My business is in NY but contract says to use California courts

I am ordering an item valued at 3450 dollars for my NY business and the contract says any dispute will be governed by the law of CA and courts of a CA county.

I live in NY.

Is it ok and safe for me accept these terms or should I ask for a change?

I don't expect any court issues but I guess you never know.
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Old 02-15-2018, 01:57 PM   #2
adjusterjack
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Default Re: My business is in NY but contract says to use California courts

It's up to you whether or not to accept those terms.

I seriously doubt that your supplier will change them.

Understand, however, that you would generally have to sue in a CA court anyway if something went wrong.

If you have doubts about this supplier I suggest you find a NY supplier of the same or similar item.
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Old 02-16-2018, 11:42 AM   #3
Lexus
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Default Re: My business is in NY but contract says to use California courts

The seller inserts the jurisdiction clause for their convenience, you can ask them to amend the jurisdiction clause. Most probable they will not accept it by stating that you will not face any legal issues. If they are not ready to change the clause, it is better to find another seller.
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Old 02-17-2018, 07:52 AM   #4
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Default Re: My business is in NY but contract says to use California courts

when you purchase anything your state attorney general will be your aid, consumer protection. that said pretty much all of those clauses are for arbitration and you can always negotiate contract clause
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Old 02-18-2018, 01:41 AM   #5
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when you purchase anything your state attorney general will be your aid, consumer protection. that said pretty much all of those clauses are for arbitration and you can always negotiate contract clause
Please change your username. This post reflects poorly on it.
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Old 05-16-2018, 05:53 AM   #6
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Default Re: My business is in NY but contract says to use California courts

Quote:
Originally Posted by Tenla10 View Post
I am ordering an item valued at 3450 dollars for my NY business and the contract says any dispute will be governed by the law of CA and courts of a CA county.

I live in NY.

Is it ok and safe for me accept these terms or should I ask for a change?

I don't expect any court issues but I guess you never know.

If it is a mass market standard contract, they aren't going to change the terms.
If it's a customized deal they might.
You could also ask for arbitration at the AAA instead of using the courts. It's cheaper and easier to use normally.
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Old 05-17-2018, 12:00 PM   #7
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Default Re: My business is in NY but contract says to use California courts

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when you purchase anything your state attorney general will be your aid, consumer protection. that said pretty much all of those clauses are for arbitration and you can always negotiate contract clause
These people make me laugh so hard I can't get up off the floor. ROTFLMAO.
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Old 05-17-2018, 02:57 PM   #8
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Default Re: My business is in NY but contract says to use California courts

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These people make me laugh so hard I can't get up off the floor. ROTFLMAO.
...well what he said IS correct...
I wouldn't get too smug...
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Old 05-17-2018, 07:40 PM   #9
Highwayman
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Default Re: My business is in NY but contract says to use California courts

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...well what he said IS correct...
I wouldn't get too smug...
Another bozo. I've already filled my quota of dealing with dopes for the month.
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Old 05-22-2018, 05:50 AM   #10
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Default Re: My business is in NY but contract says to use California courts

Quote:
Originally Posted by Tenla10 View Post
I am ordering an item valued at 3450 dollars for my NY business and the contract says any dispute will be governed by the law of CA and courts of a CA county.

I live in NY.

Is it ok and safe for me accept these terms or should I ask for a change?

I don't expect any court issues but I guess you never know.
You can always ask!
See how much they want your business.
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