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Contracts Keyed to Whaley
Klocek v. Gateway, Inc.
Citation:
United States District Court, Kansas, 2000, 104 F. Supp. 2d 1332, 41 U.C.C. Rep. Serv. 2d 1059.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
William S. Klocek (Plaintiff) ordered a computer and scanner from Gateway, Inc. (Defendant). Plaintiff claims that defendant induced him and other consumers to purchase computers and special support packages by making false promises of technical support. Whenever defendant sells a computer, it includes a copy of the Standard Terms in the box. At the top of the first page, defendant stated that if the purchaser keeps the computer beyond five days that constitutes acceptance of the terms and conditions. The terms also included an arbitration clause.
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