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Step-Saver Data Systems v. Wyse (1991): Difference between revisions
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After receiving complaints from its customers, Step-Saver tried to resolve the problems by contacting Wyse and requesting technical assistance. The problems were never solved. | After receiving complaints from its customers, Step-Saver tried to resolve the problems by contacting Wyse and requesting technical assistance. The problems were never solved. | ||
|procedural_history=Step-Saver filed a suit against the defendant for breach of warranty. The defendant claimed that a box-top warranty applied to | |procedural_history=Step-Saver filed a suit against the defendant ("Wyse"; both Wyse & TSL) for breach of warranty. The defendant claimed that a '''box-top warranty''' applied to Step-Saver’s purchase which effectively disclaimed the defendant from any damages. | ||
Step-Saver argued that he never agreed to the '''box-top license''', & that the contract was formed on the phone when ordering the software. Note that the defendant had tried to get the plaintiff to expressly agree to the license terms, which were ignored twice. | |||
The district court held that the parties intended to adopt the box-top license as the complete and final expression of terms of their agreement. | The district court held that the parties intended to adopt the box-top license as the complete and final expression of terms of their agreement. | ||
Revision as of 13:18, June 24, 2023
| Step-Saver Data Systems v. Wyse (1991) | |
| Court | 3rd Circuit |
|---|---|
| Citation | 939 F.2d 91 (1991) |
| Date decided | July 29, 1991 |
| Related | Step-Saver Data Systems, Inc. v. WYSE Technology II |
Facts
Step-Saver Data Systems, Inc. ("Step-Saver") sold computer management system that bundled
(an IBM computer) + (remote terminals by Wyse Technology) + (software called "Multi-link Advanced" by TSL)
The Software Link, Inc. (TSL) is now a defunct software company.
Wyse was acquired by Dell in 2012.
Step-Saver (plaintiff) was the seller of a hardware/software bundle and had entered into a contract with the defendant ("Wyse") to purchase software for the in its package.
Procedural History
Step-Saver filed a suit against the defendant ("Wyse"; both Wyse & TSL) for breach of warranty. The defendant claimed that a box-top warranty applied to Step-Saver’s purchase which effectively disclaimed the defendant from any damages.
Step-Saver argued that he never agreed to the box-top license, & that the contract was formed on the phone when ordering the software. Note that the defendant had tried to get the plaintiff to expressly agree to the license terms, which were ignored twice.
The district court held that the parties intended to adopt the box-top license as the complete and final expression of terms of their agreement.
