Now Accepting New Clients!

BUSINESS LAW 14: Plaintiff argues no agreement to arbitrate.

In this contract dispute, Plaintiff is a designer and manufacturer of plastic components that are sold to manufacturers in the automotive industry. Defendant designs and installs manufacturing systems that are used to produce plastic components.

Plaintiff verbally requested a price quotation from defendant for the design and installation of a manufacturing system that was capable of producing plastic components that plaintiff sold to automobile manufacturers. Defendant sent plaintiff a written price quote for the design and installation of the manufacturing system and plaintiff accepted defendant’s offer.

Shortly after defendant installed the manufacturing system, plaintiff began experiencing significant production problems. Plaintiff thereafter filed this action seeking compensation from defendant for damages stemming from the defective manufacturing system. In lieu of answering plaintiff’s complaint, defendant moved for summary disposition pursuant to MCR 2.116(C)(7), contending that the contract was subject to an arbitration provision.

Plaintiff argues that the parties had no agreement to arbitrate.

To ascertain the arbitrability of an issue, a court must consider whether there is an arbitration provision in the parties’ contract, whether the disputed issue is arguably within the arbitration clause, and whether the dispute is expressly exempt from arbitration by the terms of the contract. As a threshold matter, it must be determined whether there was an arbitration provision in the parties’ contract.

The quote provided by defendant to plaintiff included a provision stating that the offer is based on the General Terms and Conditions of Delivery and Service release of 1st July 2007. The General Terms and Conditions of Delivery and Service can either be seen on our website or be provided on request.

The terms stated if the purchaser’s registered office is located outside the Federal Republic of Germany, defendant is entitled alternatively to choose to have disputes that arise under this agreement or about its effectiveness finally decided by one or more arbitrators appointed by these rules of arbitration.

Plaintiff assented to the terms of the price quotation, and it did not raise any concerns regarding the applicability of the General Terms. Mere failure to read an agreement is not a defense in an action to enforce the terms of a written agreement.

Plaintiff does not present any evidence that an alternative version of the terms and conditions may have been incorporated into the parties’ contract or that an alternative version of the terms and conditions existed at the time of contracting.

In lieu of answering plaintiff’s complaint, defendant moved for summary disposition pursuant to MCR 2.116(C)(7), contending that the contract was subject to an arbitration provision. The trial court agreed, granting summary disposition in defendant’s favor.

At Aldrich Legal Services, our attorneys offer comprehensive business law services for business owners, shareholders,  and employers.

Many business litigation matters center on complex agreements. Our dedicated lawyers and staff can provide you with the practical corporate and legal guidance you need.

Contact Aldrich Legal Services

FAMILY LAW 50: A Michigan Court has jurisdiction to make an initial custody determination when it is the home state of the child on the date of the commencement of the proceeding or within 6 months before the commencement of the proceeding.

PROCEDURAL HISTORY  Plaintiff and defendant have twin sons, but never married.  On August 13, 2008, the Court of Common Pleas Juvenile Division in Montgomery County, Ohio established plaintiff as the legal father of the children and...

When You Should Contest a Will?

Wills usually go through without a problem. Well over 90% of wills have no issue making it through probate. However, there are several grounds you may have to contest a will. As a beneficiary, or someone who would gain from a will, there are legal...

What You Need to Know About Distracted Driving

A great U.S. freedom is the ability to drive the open roads. However, every year there are more than 20,000 car accidents in Michigan. Many of these accidents come from distracted driving and could have been avoided. Distracted driving is such a...

Reasons Your Will or Trust Could be Contested

Everyone reacts in their own way when a family member passes away. Emotions can run high, and people can react more strongly than they normally would. Some family members may feel cheated by what a will or trust grants them leading them to contest...

Penalties For Driving Without Insurance in Michigan

Getting into a car and going for a drive isn’t perfectly safe. Driving on the Michigan roads can be dangerous. Driving those same roads becomes financially dangerous if you drive without car insurance. Between fees, charges, and possible...

PROBATE 36: Undue influence to execute Lady Bird deed.

This probate dispute between siblings arises out of the death of their father. Their father lived alone. In 2013, however, he asked appellee to live with him. She agreed, moving into the home in August 2013. Appellants allege that in the years...

Top 5 Most Common Traffic Violations in Michigan

Staying safe on the roads is in everyone’s best interest. However, keeping yourself or others out of danger is everyone’s responsibility. Getting a traffic ticket ends up costing drivers big time. Traffic tickets and citations cost money...

Don't let a bad decision, unfair contract, or a messy divorce get in the way of a promising future!
Contact the experienced team at Aldrich Legal Services today to schedule your free initial
and secure reliable and trustworthy representation today!
Get the Help You Need From a Team You Can Truly Count On: (734) 404-3000