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
*Mr. Klocek = "Klocek" = buyer of a computer from Gateway in the late 1990s = non-merchant = plaintiff
*Gateway = defendant = merchant
*In 1999, Klocek brought a class-action suit on claims arising from a purchase of the Gateway computer and a HP scanner.
Klocek claims that Gateway induced him and others to purchase the product by making false promises of technical support, and that Gateway breached a warranty that its computer would be compatible with standard peripherals and standard internet services.
Procedural History
Issues
Holding
Judgment
Reasons
Rule
Resources
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.
