Klocek v. Gateway

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Klocek v. Gateway
Court U.S.D.C., District of Kansas
Citation 104 F. Supp. 2d 1332 (2000)
Date decided 2000


Plaintiff brought a class action suit on claims arising from a purchase of the defendant’s 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

Gateway filed a motion to dismiss the claim based on the standard arbitration clause inserted into every computer box, which gave the customer 5 days to return the product.


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.


Motion to dismiss denied.


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.