Klocek v. Gateway
United States District Court, District of Kansas
104 F. Supp. 2d 1332 (2000)
Relevant factsFree
Klocek (plaintiff) ordered a computer from Gateway (defendant), which shipped every new computer with Standard Terms stating that keeping the computer beyond five days constituted acceptance of those terms, including an arbitration clause. Klocek and others sued Gateway over their computer purchases, and Gateway moved to dismiss, seeking enforcement of the arbitration clause.
IssueFree
Whether a purchaser of goods is required to comply with terms added to the agreement through a form memorializing it, where the form states that failure to return the goods constitutes acceptance.