Klocek v. Gateway
Klocek v. Gateway | |
Court | U.S.D.C., District of Kansas |
---|---|
Citation | 104 F. Supp. 2d 1332 |
Date decided | June 15, 2000 |
Facts
Plaintiff brought a class action suit on claims arising from a purchase of the defendant’s computer and a HP scanner.
Procedural History
Resources
VideoService "YouTube -YaleCourses" not recognized.
Issues
Whether an arbitration clause is enforceable after an agreement has been reached by placing the terms on paper included in the box of the product, and allowing the buyer 5 days to return the product should they disagree with the terms.
Holding/Decision
Motion to dismiss denied.
Reasoning
Kansas law is used and not the reasoning in Hill v. Gateway 2000 and ProCD v. Zeidenberg. Only if Gateway expressly had made its acceptance conditional on plaintiff’s assent to conditional terms could the arbitration clause be enforces; the act of keeping the computer past five days was not sufficient to demonstrate that the plaintiff had expressly agreed to the Standard Terms.